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The Sacred Laws of the Âryas: Âpastamba - Prasna II, Patala 5
Khanda 10
1. The reasons for (which) begging (is permissible are), (the desire to collect the fee for) the teacher, (the celebration of) a wedding, (or of) a Srauta-sacrifice, the desire to keep one's father and mother, and the (impending) interruption of ceremonies performed by a worthy man.1
2. (The person asked for alms) must examine the qualities (of the petitioner) and give according to his power.
3. But if persons ask for alms for the sake of sensual gratification, that is improper; he shall not take heed of that.
4. The lawful occupations of a Brâmana are,2 studying, teaching, sacrificing for himself, officiating as priest for others, giving alms, receiving alms, inheriting, and gleaning corn in the fields;
5. And (he may live by taking) other things which belong to nobody.3
6. (The lawful occupations) of a Kshatriya are the same, with the exception of teaching, officiating as priest, and receiving alms. (But) governing and fighting must be added.4
7. (The lawful occupations) of a Vaisya are the same as those of a Kshatriya, with the exception of governing and fighting. (But in his case) agriculture, the tending of cattle, and trade must be added.5
8. He (shall) not choose (for the performance of a Srauta-sacrifice) a priest who is unlearned in the Veda, nor one who haggles (about his fee).
9. (A priest) shall not officiate for a person unlearned in the Veda.
10. In war (Kshatriyas) shall act in such a manner as those order, who are learned in that (art of war).
11. The Âryas forbid the slaughter of those who have laid down their arms, of those who (beg for mercy) with flying hair or joined hands, and of fugitives.6
12. The spiritual guide shall order those who,7 (whilst) participating according to sacred law (in the rights of their caste), have gone astray through the weakness of their senses, to perform penances proportionate to (the greatness of) their sins, according to the precepts (of the Smriti).
13. If (such persons) transgress their (Âkârya's) order, he shall take them before the king.
14. The king shall (send them) to his domestic priest, who should be learned in the law and the science of governing.
15. He shall order (them to perform the proper penances if they are) Brâhmanas.
16. He shall reduce them (to reason) by forcible means, excepting corporal punishment and servitude.8
Khanda 11
1. In the cases of (men of) other castes, the king, after having examined their actions, may punish them even by death.
2. And the king shall not punish on suspicion.
3. But having carefully investigated (the case) by means of questions (addressed to witnesses) and even of ordeals, the king may proceed to punish.9
4. A king who acts thus, gains both (this and the next) world.
5. The road belongs to the king except if he meets a Brâhmana.10
6. But if he meets a Brâhmana, the road belongs to the latter.11
7. All must make way for a (laden) vehicle, for a person who carries a burden, for a sick man, for a woman and others (such as old men and infants).
8. And (way must be made), by the other castes, for those men who are superior by caste.
9. For their own welfare all men must make way for fools, outcasts, drunkards, and madmen.
10. In successive births men of the lower castes are born in the next higher one, if they have fulfilled their duties.12
11. In successive births men of the higher castes are born in the next lower one, if they neglect their duties.
12. If he has a wife who (is willing and able) to perform (her share of) the religious duties and who bears sons, he shall not take a second.13
13. If a wife is deficient in one of these two (qualities), he shall take another, (but) before he kindles the fires (of the Agnihotra).14
14. For a wife who assists at the kindling of the fires, becomes connected with those religious rites of which that (fire-kindling) forms a part.15
15. He shall not give his daughter to a man belonging to the same family (Gotra),16
16. Nor to one related (within six degrees) on the mother's or (the father's) side.17
17. At the wedding called Brâhma, he shall give away (his daughter) for bearing children and performing the rites that must be performed together (by a husband and his wife), after having enquired regarding (the bridegroom's) family, character, learning, and health, and after having given (to the bride) ornaments according to his power.18
18. At the wedding called Ârsha, the bridegroom shall present to the father of the bride a bull and a cow.19
19. At the wedding called Daiva, (the father) shall give her to an officiating priest, who is performing a Srauta-sacrifice.20
20. If a maiden and a lover unite themselves through love, that is called the Gândharva-rite.21
Khanda 12
1. If the suitor pays money (for his bride) according to his ability, and marries her (afterwards), that (marriage is called) the Âsura-rite.22
2. If the (bridegroom and his friends) take away (the bride), after having overcome (by force) her father (or relations), that is called the Râkshasa-rite.23
3. The first three amongst these (marriage-rites are considered) praiseworthy; each preceding one better than the one following.24
4. The quality of the offspring is according to the quality of the marriage-rite.25
5. He shall not step on a spot which has been touched by the hand of a Brâhmana, without having sprinkled it with water.
6. He shall not pass between a fire and a Brâhmana,
7. Nor between Brâhmanas.
8. Or he may pass between them after having received permission to do so.
9. He shall not carry fire and water at the same time.
10. He shall not carry fires (burning in) separate (places) to one (spot).26
11. If, whilst he walks, fire is being carried towards him, he shall not walk around it with his right hand turned towards it, except after it has been placed on the ground.27
12. He shall not join his hands on his back.
13. If the sun sets whilst he sleeps, he shall sit up, fasting and silent, for that night. On the following morning he shall bathe and then raise his voice (in prayer).28
14. If the sun rises whilst he is asleep, he shall stand during that day fasting and silent.
15. Some declare that he shall restrain his breath until he is tired.
16. And (he shall restrain his breath until he is tired) if he has had a bad dream,
17. Or if he desires to accomplish some object,
18. Or if he has transgressed some other rule.29
19. (If he is) doubtful (whether) the result (of an action will be good or evil), he shall not do it.
20. (He shall follow) the same principle (if he is in doubt whether he ought) to study or not.
21. He shall not talk of a doubtful matter as if it were clear.30
22. In the case of a person who slept at sunset, of31 one who slept at sunrise, of one who has black nails, or black teeth, of one who married a younger sister before the elder one was married, of one who married an elder sister whose younger sister had been married already, (of a younger brother who has kindled the sacred Grihya-fire before his elder brother,) of one whose younger brother has kindled the sacred fire first, (of a younger brother who offers a Soma-sacrifice before his elder brother,) of an elder brother whose younger brother offered a Soma-sacrifice first, of an elder brother who marries or receives his portion of the inheritance after his younger brother, and of a younger brother who takes a wife or receives his portion of the inheritance before his elder brother,--penances ordained for crimes causing impurity, a heavier one for each succeeding case, must be performed.
23. Some declare, that after having performed that penance, he shall remove its cause.32
Footnotes
1. Manu IV, 251; XI, 1 seq.; Yâgñ. I, 2 16. By the term arhat, I a worthy person,' a Brâhmana is here designated who has studied the Veda and performs an Agnihotra.
2. Manu I, 88; X, 15; Yâgñ. I, 118.
3. I.e. wild roots and fruits.
4. Manu I, 89; X, 77, 79; Yâgñ. I, 118, 119.
5. Manu I, 90; X, 78, 79; Yâgñ. loc. cit.
6. Manu VII, 91 seq.; Yâgñ. 1, 325.
7. Haradatta explains the words Sâstrair adhigatânâm, 'who whilst participating, according to the sacred law, (in the rights of their caste,)' by 'who have been sanctified according to the law by the sacraments, such as the Garbhâdhâna, and are entitled (to the rights and occupations of their caste).'
8. Probably this Sûtra is meant to give a general rule, and to exempt Brâhmanas in every case from corporal punishment and servitude. Manu VIII, 379-380.
9. See also below, II, 11, 29, 6.
10. Manu II, 139; Yâgñ. I, 117. According to Haradatta this Sûtra is given, though the precedence among the various castes has been already settled, in order to show that common Kshatriyas must make way for an anointed king.
11. Manu II, 138; Yâgñ. I, 117.
12. Manu X, 64, 65; Yâgñ. 1, 96.
13. Manu IX, 95; Yâgñ. I, 76.
14. Manu IX, 80, 81; Yâgñ. I, 73.
15. A wife who assists at the kindling of the fires for any sacrificial rite, becomes connected with that rite like any priest, and in that rite no other woman can take her place. Hence in the case of an Agnihotra, which lasts during the performer's lifetime, or at least as long as be is a householder, the performer cannot take another principal wife after be once has begun his sacrifice. If the wife of an Agnihotrin dies, he must marry again, and also kindle his fires afresh. Manu V, 167, 168; Yâgñ. I 80.
16. The term Gotra corresponds to the Latin Gens. It may be of two kinds, Vaidika for Brâhmanas and Laukika, 'worldly', for men of other castes. In the first case it denotes 'persons descended from the same Rishi;' in the second, 'persons distinguished by the same family name, or known to be descended from the same ancestor.' In our days Brâhmanas also have Laukika Gotras, which form subdivisions of the very large Vedic Gotras. Regarding the Vaidika Gotras, see Max Müller's History of Ancient Sanskrit Literature, pp. 379-390, and particularly p. 387. Manu III, 5; Yâgñ. I, 33; Weber, Ind. Stud. X, 75 seq.
17. The term yonisambandha, 'related (within six degrees),' corresponds to the more common Sapinda of Manu, Yâgñavalkya, and others; see the definitions given below, II, 6, 15, 2. In Âpastamba's terminology Sapinda has probably a more restricted sense. It seems very doubtful whether Haradatta's explanation of ka, translated by 'or,' is correct, and whether his interpolation of 'the father's' ought to be admitted. Probably Sûtra 15 refers to the father's side, and Sûtra 16 to the mother's side.
18. Manu III, 27; Yâgñ. I, 58.
19. Manu III, 29; Yâgñ. I, 59.
20. Manu III, 28; Yâgñ. I, 59.
21. Manu III, 32; Yâgñ. I, 61.
22. Manu III, 31; Yâgñ. I, 61. It must be understood that, at this rite, a regular sale of the bride must take place. If a suitor merely gives presents to the bride, that is not an Âsura-marriage.
23. Manu III, 33; Yâgñ. I, 61. Haradatta points out that the other law-books enumerate two additional marriage-rites, the Prâgâpatya or Kâya and the Paisâka. But Vasishtha I, 29-35, like Âpastamba, gives six rites only.
24. Manu III, 24, 25; Yâgñ. I, 58-60.
25. I.e. from praiseworthy marriages virtuous children are born, and from blamable marriages bad ones. Manu III, 42.
26. Another commentator says, 'He shall not throw (brands taken from) one fire into another fire.'--Haradatta.
27. The Sûtra implies that under other circumstances he must show this respect to a fire.
28. Manu II, 220.
29. Manu XI, 200.
30. See above, I, 11, 32, 22.
31. These sinners are, enumerated in nearly the same order, Taittirîya-brâhmana III, 2, 8, 11 and 12, and Âp. Srauta-sûtra IX, 12, 11. See also Manu XI, 44-49. Regarding the crimes causing impurity, see above, I, 7, 21, 12-19.
32. 'Its cause, i.e. the black nails, &c. According to another Smriti, one shall not put away a wife or extinguish a fire, for the taking or kindling of which the penance had to be performed.'--Haradatta. But see Vasishtha XX, 7 seq.
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