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The Sacred Laws of the Âryas: Âpastamba - Prasna II, Patala 10
Khanda 25
1. The general and special duties of all castes have been explained. But we will now declare those of a king in particular.
2. He shall cause to be built a town and a palace, the gates of both of which (must look) towards the south.
3. The palace (shall stand) in the heart of the town.1
4. In front of that (there shall be) a hall. That is called the hall of invitation.
5. (At a little distance) from the town to the south, (he shall cause to be built) an assembly-house with doors on the south and on the north sides, so that one can see what passes inside and outside.
6. In all (these three places) fires shall burn constantly.2
7. And oblations must be offered in these fires daily, just as at the daily sacrifice of a householder.3
8. In the hall he shall put up his guests, at least those who are learned in the Vedas.4
9. Rooms, a couch, food and drink should be given to them according to their good qualities.
10. Let him not live better than his Gurus or ministers.5
11. And in his realm no (Brâhmana) should suffer hunger, sickness, cold, or heat, be it through want, or intentionally.6
12. In the midst of the assembly-house, (the superintendent of the house) shall raise a play-table and sprinkle it with water, turning his hand downwards, and place on it dice in even numbers, made of Vibhîtaka (wood), as many as are wanted.
13. Men of the first three castes, who are pure and truthful, may be allowed to play there.7
14. Assaults of arms, dancing, singing, music, and the like (performances) shall be held only (in the houses) of the king's servants.8
15. That king only takes care of the welfare of his subjects in whose dominions, be it in villages or forests, there is no danger from thieves.9
Khanda 26
1. A (king) who, without detriment to his servants, gives land and money to Brâhmanas according to their deserts gains endless worlds.10
2. They say (that) a king, who is slain in attempting to recover the property of Brâhmanas, (performs) a sacrifice where his body takes the place of the sacrificial post, and at which an unlimited fee is given.11
3. Hereby have been declared (the rewards of) other heroes, who fall fighting for a (worthy) cause.12
4. He shall appoint men of the first three castes, who are pure and truthful, over villages and towns for the protection of the people.13
5. Their servants shall possess the same qualities.
6. They must protect a town from thieves in every direction to the distance of one yogana.14
7. (They must protect the country to the distance of) one krosa from each village.15
8. They must be made to repay what is stolen within these (boundaries).16
9. The (king) shall make them collect the lawful taxes (sulka).17
10. A learned Brâhmana is free from taxes,18
11. And the women of all castes,19
12. And male children before the marks (of puberty appear),
13. And those who live (with a teacher) in order to study,
14. And those who perform austerities, being intent on fulfilling the sacred law,20
15. And a Sûdra who lives by washing the feet,
16. Also blind, dumb, deaf, and diseased persons (as long as their infirmities last),
17. And those to whom the acquisition of property is forbidden (as Sannyâsins).
18. A young man who, decked with ornaments, enters unintentionally (a place where) a married woman or a (marriageable) damsel (sits), must be reprimanded.21
19. But he does it intentionally with a bad purpose, he must be fined.22
20. If he has actually committed adultery, his organ shall be cut off together with the testicles.
21. But (if he has had intercourse) with a (marriageable) girl, his property shall be confiscated and he shall be banished.
22. Afterwards the king must support (such women and damsels),
23. And protect them from defilement.
24. If they agree to undergo the (prescribed) penance, he shall make them over to their (lawful) guardians.23
Khanda 27
1. If (adulteresses) have performed (the prescribed penance), they are to be treated as before (their fault). For the connection (of husband and wife) takes place through the law.
2. (A husband) shall not make over his (wife), who occupies the position of a 'gentilis,' to others (than to his 'gentiles'), in order to cause children to be begot for himself.24
3. For they declare, that a bride is given to the family (of her husband, and not to the husband alone).
4. That is (at present) forbidden on account of the weakness of (men's) senses.25
5. The hand (of a gentilis is considered in law to be) that of a stranger, and so is (that of any other person except the husband).
6. If the (marriage vow) is transgressed, both (husband and wife) certainly go to hell.
7. The reward (in the next world) resulting from obeying the restrictions of the law is preferable to offspring obtained in this manner (by means of Niyoga).
8. A man of one of the first three castes (who commits adultery) with a woman of the Sûdra caste shall be banished.
9. A Sûdra (who commits adultery) with a woman of one of the first three castes shall suffer capital punishment.26
10. And he shall emaciate a woman who has committed adultery with a (Sûdra, by making her undergo penances and fasts, in case she had no child).
11. They declare, that (a Brâhmana) who has27 once committed adultery with a married woman of equal class, she perform one-fourth of the penance prescribed for an outcast.
12. In like manner for every repetition (of the crime), one-fourth of the penance (must be added).
13. (If the offence be committed) for the fourth time, the whole (penance of twelve years must be performed).
14. The tongue of a Sûdra who speaks evil of a virtuous person, belonging to one of the first three castes, shall be cut out.
15. A Sûdra who assumes a position equal (to that of a member of one of the first three castes), in conversation, on the road, on a couch, in sitting (and on similar occasions), shall be flogged.28
16. In case (a Sûdra) commits homicide or theft, appropriates land (or commits similar heinous crimes), his property shall be confiscated and he himself shall suffer capital punishment.
17. But if these (offences be committed) by a Brâhmana, he shall be made blind (by tying a cloth over his eyes).29
18. He shall keep in secret confinement him who violates the rules (of his caste or order), or any other sinner, until (he promises) amendment.
19. If he does not amend, he shall be banished.
20. A spiritual teacher, an officiating priest, a30 Snâtaka, and a prince shall be able to protect (a criminal from punishment by their intercession), except in case of a capital offence.
Footnotes
1. 'In the heart of the town, i.e. in that town which is surrounded by all the walls.'--Haradatta. Compare Manu VII, 76.
2. According to Haradatta, the fires are to be common, not consecrated ones.
3. Manu VII, 78; Yâgñ. I, 313.
4. Manu VII, 82 seq.
5. 'The Gurus are the father and other (venerable relations).'--Haradatta.
6. Manu VII, 134. 'Or intentionally; with reference to that the following example may be given. If anybody is to be made to pay his debts or taxes, then he is to be exposed to cold or heat, or to be made to fast (until he pays). The king shall punish (every one) who acts thus.'--Haradatta.
7. Having played there, they shall give a fixed sum to the gambling-house keeper and go away. The latter shall, every day or every month or every year, give that gain to the king. And the king shall punish those who play elsewhere or quarrel in the assembly-house.'--Haradatta.
8. 'At festivals and the like occasions (these performances) take place also elsewhere, that is the custom.'--Haradatta.
9. Manu VII, I 43, and passim; Yâgñ. 1, 335.
10. Manu VII, 83, 84, 88; Yâgñ. I, 314.
11. According to Haradatta the king's body represents the post (yûpa), his soul the sacrificial animal, the recovered property the reward for the priests or fee.
12. Manu VII, 89; Yâgñ. I, 323, 324.
13. Manu VII, 115-124; Yâgñ. I, 321.
14. Yâgñ. II, 271-272. A yogana is a distance of 4 krosa, kos.
15. A krosa, kos, or gâu, literally 'the lowing of a cow,' is variously reckoned at 1½-4 miles.
16. Yâgñ. I, 272. This law is, with certain modifications, still in force. See Bombay Regulations, XII, 27 par.
17. According to Haradatta, who quotes Gautama in his commentary, the sulka is the 1/20th part of a merchant's gains. On account of the Sûtras immediately following, it is, however, more probable that the term is here used as a synonym of 'kara,' and includes all taxes. 'Lawful' taxes are, of course, those sanctioned by custom and approved of by the Smritis.
18. Manu VII, 133.
19. Haradatta thinks that the rule applies to women of the Anuloma, the pure castes, only.
20. 'Why does be say "intent on fulfilling the holy law?" Those shall not be free from taxes who perform austerities in order to make their magic charms efficacious.'--Haradatta.
21. The ornaments would indicate that he was bent on mischief. Compare above, I, 11, 32, 6.
22. 'The punishment must be proportionate to his property and the greatness of his offence. The term "with a bad purpose" is added, because he who has been sent by his teacher (to such a place) should not be punished.'--Haradatta. Manu VIII, 354; Yâgñ. II, 284.
23. 'I.e. a married woman to her husband or father-in-law an unmarried damsel to her father or to her brother.'--Haradatta.
24. This Sûtra refers to the begetting of a Kshetraga son, and gives the usual rule, that only the Sagotras in the order of the grade of relationship, a brother-in-law, a Sapinda, &c., shall be employed for this purpose.
25. 'For now-a-days the senses of men are and therefore the peculiar (law formerly) in force regarding gentiles is no longer, lest husbands should be set aside under the pretended sanction of the Sâstras.'--Haradatta.
26. Manu VIII, 374; Yâgñ. II, 286. According to Haradatta, this refers to a Sûdra servant who seduces a woman committed to his charge. In other cases the punishment prescribed, II, 10, 26,10, is to take effect. The same opinion is expressed by Gautama.
27. This refers to the wife of a Srotriya, as Haradatta states according to Gautama. The penance is three years' chastity.
28. In conversation, i.e. addressing Âryas familiarly, with tvam, thou,' &c.
29. Haradatta states expressly that the eyes of a Brâhmana must not be put out by any sharp instrument. He should be kept blindfold all his life.
30. The intercession is to take effect in this manner: that mutilation is commuted to a fine, a fine to a flogging, a flogging to a reprimand.'--Haradatta.
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