| Philosophy and Religion / Sacred Laws of the Âryas |
The Sacred Laws of the Âryas: Baudhâyana - Prasna II, Adhyâya 1
Kandikâ 1
1. Now, therefore, the penances (will be described).
2. The murderer of a learned Brâhmana (shall practise the following vow) during twelve years:1
3. Carrying a skull (instead of a dish) and the foot of a bedstead (instead of a staff), dressed in the hide of an ass, staying in the forest, making a dead man's skull his flag, he shall cause a hut to be built in a burial-ground and reside there; going to seven houses in order to beg food, while proclaiming his deed, he shall support life with what (he gets there), and shall fast if he obtains nothing;
4. Or he may offer a horse-sacrifice, a Gosava, or an Agnishtut2
5. Or he may bathe (with the priests) on the completion of a horse-sacrifice (offered by somebody else).3
6. Now they quote also (the following verses): 'He who unintentionally slays a Brâhmana becomes sinful according to the sacred law. The sages declare that he may be purified (if he did it) unintentionally. But no expiation is found for a wilful murderer.'4
7. He who has raised his hand (against a Brâhmana), shall perform a Krikkhra penance, an Atikrikkhra penance if he strikes, a Krikkhra and a Kândrâyana if blood flows. Therefore let him neither raise his hand nor cause blood to flow.'5
8. (For killing) a Kshatriya (he shall keep the normal vow of continence) during nine years,6
9. (For killing) a Vaisya during three (years),
10. (For killing) a Sûdra during one year,
11. Likewise for killing a woman.7
12. (The penance for killing) a woman who has bathed after temporary uncleanness (is) the same (as that) for (the murder of) a Brâhmana.8
13. He who has defiled the bed of a Guru shall place himself on a heated iron bed,9
14. Or embrace a red hot image (of a woman),
15. Or cutting off his organ together with the testicles and holding them in his joined hands, he shall walk towards the south-west until he falls down (dead).
16. A thief shall go to the king with flying hair, carrying on his shoulder a club of Sindhraka wood (and say), 'Strike me with that.' (Then the king) shall strike him.10
17. Now they quote also (the following verses): 'A thief shall go to the king carrying a club on his shoulder (and say to him), 'Punish me with that, O king, remembering the duty of Kshatriyas.'11
'Whether he be punished or be pardoned, the thief is freed from his guilt. But if the king does not punish him, that guilt of the thief falls on him.'
18. If he has drunk (the spirituous liquor called) Surâ, he shall scald himself to death with hot (liquor of the) same (kind).12
19. For unintentionally drinking (Surâ), he shall perform Krikkhra penances during three months and be initiated again,13
20. And (on this second initiation) the cutting (of14 the hair and nails), the vows, and (the observance of the) restrictive rules may be omitted.
21. Now they quote also (the following verses): 'A Brâhmana, Kshatriya, or Vaisya who has unintentionally drunk (the spirituous liquor called) Vârunî or has swallowed urine or faeces must be initiated a second time.'15
22. 'But he who drinks water which has stood in a vessel, used for keeping Surâ, shall live six days on milk in which (leaves of) the Saṅkhapushpî plant have been boiled.'16
23. If (a pupil) who is employed by his teacher (on some errand) meets with his death, (the teacher) shall perform three Krikkhra penances.17
24. The same (penance) is prescribed for not finishing (the education of the pupil).18
25. If a student assists at the burial of anybody except (at that of his) mother, of his father, or of his teacher, he must begin his vow afresh.19
26. If a (student) is sick, he may, at his pleasure, eat all the fragments of his teacher's meal as medicine.20
27. He may physic himself with any (medicine) which he may desire.21
28. When he is unable to move, he may worship the sun, after he has risen, reciting this (Rik verse): A swan, dwelling in purity.'22
29. When he has spent his manly strength in the day-time, let him thrice drink water that reaches his heart, reciting the verses which contain the word retas.23
30. A student who approaches a woman (is called) an Avakîrnin,24
31. Let him offer an ass (in the place of) a sacrificial animal.
32. The sacrificial meat-cake (purodâsa shall be offered) to Nirriti, or to the Râkshasas, or to Yama.
33. It is declared in the Veda, 'The piece to be eaten by the sacrificer (prâsitra, shall be taken) from the organ (of the animal); and the (other) portions shall be offered in water.'25
34. 'Or he may also heap (fuel) on the fire in the night of the new moon, perform the preparatory rites required for the Darvîhoma, and offer two26 oblations of clarified butter (reciting these two sacred texts): "O Lust, I have broken my vow; my vow have I broken, O Lust; to Lust Svâhâ;" "O Lust, I have done evil; evil have I done, O Lust; to Lust Svâhâ."'
35. 'After he has made the offering, he shall address the fire, closely joining his hands, turning sideways (with the following texts): "May the Maruts grant me, may Indra, may Brihaspati, may this fire grant me long life and strength, may it make me long-lived! "'
36. Now the relatives shall empty (the water-pot) of a (grievous offender) at a (solemn) meeting (and he shall confess), 'I N. N. am (the perpetrator of) such and such (a deed).' After (the outcast) has performed (his penance) the Brâhmanas shall ask him who has touched water, milk, clarified butter, honey, and salt, 'Hast thou performed (thy penance)?' The other (person) shall answer, 'Om' (yes)! They shall admit him who has performed (a penance) to all sacrificial rites, making no difference (between him and others).27
37. If he unintentionally marries a female who belongs to his own family (gotra), he shall support her, (treating her) like his mother.28
38. If (such a woman) has borne a child; he shall perform Krikkhra penances during three months and offer (two burnt oblations reciting) the two (Mantras), 'That which is the blemish of my soul' (and) 'Fire restored my sight.'29
39. 'An elder brother whose younger brother marries first, the younger brother who marries first, the damsel wedded (by the latter), he who gives her away, and fifthly, he who sacrifices for them (at the wedding), all sink to a region of torment.'30
40. The unmarried elder brother and the married younger brother, the giver (of the maiden) and the performer of the sacrifices become pure by undergoing a Krikkhra penance of twelve days, the female (who has been wedded to the younger brother) by (fasting during) three days.'31
Kandikâ 2
1. Now (follow the offences) causing loss of caste (patanîya),32
2. (Viz.) making voyages by sea,33
3. Stealing the property of a Brâhmana or a deposit,
4. Giving false evidence regarding land,
5. Trading with merchandise of any description (whether forbidden or not),
6. Serving Sûdras,
7. Begetting a son on a female of the Sûdra caste,34
8. And becoming thereby her son.35
9. (For those who have) committed one of these (offences the following penance is prescribed);36
10. 'They shall eat every fourth meal-time a little food, bathe at the time of the three libations (morning, noon, and evening), passing (the day) standing and (the night) sitting. After the lapse of three years they throw off their guilt.'37
11. 'A Brâhmana removes the sin which he committed by serving the black race during one day and one night, if he bathes during three years at every fourth meal-time.'38
12. Now (follow) the minor offences, entailing loss of caste (upapâtaka),39
13. (Viz.) intercourse with females who must not be approached (agamyâ, e.g.) cohabitation with the female friend of a female Guru, with the female friend of a male Guru, with an Apapâtra woman, and a female outcast, following the profession of medicine, sacrificing for many, living by (performances on) the stage, following the profession of a teacher of dancing, singing and acting, tending cows and buffalos, and similar (low occupations, as well as) fornication.40
14. The expiation (prescribed) for these (offences is) to live as an outcast during two years.41
15. Now (follow the offences) which make men impure (asukikara),42
16. (Viz.) gambling, performing incantations, subsisting by gleaning corn though one does not perform an Agnihotra, subsisting by alms after one has finished one's studentship, living, after that has been finished, longer than four months in the house of one's teacher, and teaching such a (person who has finished his studentship), gaining one's livelihood by astrology and so forth.43
17. But the expiation of these (offences is to perform penances) during twelve months, during twelve fortnights, during twelve times ten days, during twelve se’nnights, during twelve times three days, during twelve days, during six days, during three days, during a day and a night, during one day, in proportion to the offence committed.44
18. Now outcasts shall live together and (together) fulfil their duties, sacrificing for each other, teaching each other, and marrying amongst each other. If they have begot sons, they shall say to them, 'Depart from among us; thus you will again reach the Âryas.'45
19. For the organs do not become impure together with the man.
20. (The truth of) that may be learned from this (parallel case); a man deficient in limbs begets a son who has the full number of limbs.
21. Hârîta declares that this is wrong.
22. For wives may be (considered) similar to the vessel which contains the curds (for the sacrifice). If one makes impure milk curdle in a milk-vessel and stirs it, the Sishtas do not use the (curds thus produced) for sacred rites.
23. In like manner no intercourse can be held with that (offspring) which is produced from impure seed.
24. If they desire it, (they may perform) a penance,
25. (Viz. in the case of males) the third part (of the penance prescribed) for crimes causing loss of caste (patanîya); for females the third part (of that).46
26. Now they quote also (the following verse): 'If he applies sesamum to any other purpose, but food, anointing, and charitable gifts, he will be born again as a worm and, together with his ancestors, be plunged into the ordure of dogs.'47
27. He who sells sesamum, forsooth, sells his ancestors; he who sells rice, forsooth, sells his life; he who gives away his daughter, making a bargain, forsooth, sells portions of his spiritual merit.
28. Grass and wood, in its natural state, may be sold.48
29. Now they quote also (the following verse): 'Animals that have teeth in one jaw only, as well as minerals excepting salt, and undyed thread, these, O Brâhmana, are the goods which thou art permitted to sell.'49
30. (If he has committed) any offence excepting a50 mortal sin (pâtaka) he may either give to a learned Brâhmana (anûkâna) a hairy cow of brown or red-dish colour, after sprinkling her with clarified butter and scattering black sesamum seeds over her;
31. Or (he may offer burnt oblations), reciting the Kûshmândas, during twelve days,51
32. '(Thus) he will be freed. from the guilt (of any crime that is) less (heinous) than the murder of a learned Brâhmana.'
33. If one is accused of a mortal sin (pâtaka), a Krikkhra (penance must be performed by the accused).52
34. The accuser (shall perform) that (Krikkhra penance during) a year.53
35. 'He who during a year associates with an outcast, becomes (likewise) an outcast; not by sacrificing for him, by teaching him or by (forming) a matrimonial (alliance with him), but by using the same carriage or seat.'54
36. The penance for eating impure substances is to fast until the entrails are empty. That is attained in seven (days and) nights.55
37. (Subsisting on) water, milk, clarified butter, (and) fasting,--each for three days,--(and taking the three fluids) hot, that is a Taptakrikkhra penance.56
38. (Eating) during three days in the morning only, during the (next) three days in the evening only, (subsisting) during (another) three days (on) food given unasked, and fasting during three days, (that is) a Krikkhra penance.57
39. (If the period of twelve days is divided into) three (periods of) four days, that is the Krikkhra penance of, women, children, and aged men.58
40. If (observing the rule given) above one eats (at each meal) so much only as one can take at one (mouthful), that is an Atikrikkhra penance.59
41. (If one) subsists on water only, that is a Krikkhrâtikrikkhra, the third (in the order of the Krikkhra penances).60
42. During a Krikkhra penance (the following rules must be followed, viz.) to bathe at morn, noon, and evening,61
43. To sleep on the ground,
44. To wear one garment only, to shave the hair of the head, of the beard, and of the body, and to clip the nails.
45. The same (rules apply) to women except (that referring to) shaving the head.
Footnotes
1. Gautama XXII, 4-6; Vishnu L, I-3, 15. The expression 'staying in the forest' means that the sinner shall not stop in the village or the fields during the day-time, but live in some uncultivated tract in the neighbourhood.
2. Gautama XIX, 9-10. The Gosava sacrifice is an Ekâha see Kâtyâyana Srauta Sûtra XXII, 11, 3.
3. Gautama XXII, 9.
4. Manu XI, 90.
5. Yâgñavalkya III, 293. Regarding the penances named, see Vasishtha XXI, 20, XXIV, 1-2, XXIII, 45, and below, II, 1, 2, 38, IV, 5, 6.
6. Vasishtha XX, 31-33. The words 'shall keep the normal vow of continence' have been inserted in accordance with Govinda's explanation, which apparently is based on Gautama XXII, 14. But it is also possible that Baudhâyana, like Vishnu (L, 15) and others, may have intended murderers of Kshatriyas, Vaisyas, &c., too, to perform the penance prescribed above, Sûtra 4, only for shorter periods.
7. Gautama XXII, 17. Govinda is of opinion that the word ka, 'likewise,' is intended to include 'worthless' Kshatriyas and Vaisyas.
8. Vasishtha XX, 34-35.
9. Gautama XXIII, 8-10; Vasishtha XX, 13, 14.
10. Vasishtha XX, 41. 'A thief,' i.e. one who has stolen gold from a Brâhmana.
11. Âpastamba I, 9, 25, 4-5.
12. Vasishtha XX, 22. Surâ, i.e. the spirituous liquor extracted from rice, to drink which is considered a particularly heinous crime. Vasishtha XX, 19, and loc. cit.
13. Vasishtha XX, 19.
14. Vishnu LI, 5. The vows and restrictive rules, i.e. the Sâvitrya vow, begging, &c.
15. Vishnu LI, 2-4.
16. Vishnu LI, 23.
17. Vasishtha XXIII, 10.
18. 'Finishing (the education of the pupil, samskritam), i.e. teaching him the rules of purification, of conduct, and so forth; failing (to do) that (is called) not finishing (the education of the pupil). For that (omission) the same (penance), i.e. three Krikkhras (are to be) performed.'--Govinda.
19. Vasishtha XXIII; 7-8. 'Assists at a burial (savakarma), i.e. lays out a corpse, and so forth (alamkaranâdi), or carries it out, and so forth.'--Govinda.
20. Vasishtha XXIII, 9, and note.
21. 'The meaning is that he may cure himself even with such (substances) which are forbidden even to his teacher, e.g. garlic, and so forth.' For a Smriti declares,' He shall protect himself by every means.'--Govinda.
22. 'Unable to move,' i.e. sick. This is a penance to be performed by a sick. student when he is unable to fulfil the rules enjoining the morning and evening prayers, and the like; and it applies to other men also because there is no objection. Regarding the Mantra, see Taittirîya Samhitâ I, 8, 15, 2.
23. The rule refers to intercourse with a wife in the day-time; see Vishnu LIII, 4. The Retasyâs occur Taittirîya Âranyaka I, 30.
24. Vasishtha XXIII, 1.
25. Weber, Ind. Stud. X, 102; Kâtyâyana Srauta Sûtra I, 1, 15.
26. Taitt. Âranyaka II, r 8. The Âranyaka has, more appropriately, pranîya, 'having taken out,' before upasamâdhâya, 'may heap (fuel) upon.' The Dekhan and Gugarât MSS. insert the words 'amritam vâ âgyam amritam evâtman dhatte,' which occur also in the Âranyaka, after the Mantra. According to Govinda parikeshtâ, 'preparatory rites,' refers to the consecration of the clarified butter, and so forth, The special rules regarding the Darvîhomas are given Kâtyâyana Srauta Sûtra VI, 10, 17 seq.
27. Vasishtha XV, 12-21. Govinda thinks that nirvisesham savanîyam kuryuh, 'they shall admit him to all sacrificial rites, making no difference,' may also be interpreted by 'they shall perform for him the sacraments just as for a new-born child.'
28. Colebrooke V, Dig. CCCXL.
29. The Mantras are found, Taittirîya Samhitâ III, 2, 5, 4.
30. Vasishtha XX, 7-8. The MSS. read parivittih parivettâ yas kainâm [nam] parivindati. But it is absolutely necessary to adopt either the various reading given Manu III, 172, yayâ ka parividyate, or to read yâ kainam parivindati.
31. The MSS. all read at the end of the verse, tristrirâtrena or dvistrirâtrena. The correct reading appears, however, to be strî trirâtrena; for Govinda says, yayâ saha parivettâ bhûtas [bhûttasya C. L, bhûtassâstri C. T.] tasyâs trirâtrenopavâsena suddhih, 'the purification of that female with whom he has become a parivettri takes place through three days, i.e. through fasting (three days).'
32. Âpastamba I, 7, 21, 7-11.
33. Govinda explains samudrasamyânam, 'making voyages by sea,' by 'voyaging by means of ships to another continent (dvîpa).'
34. The MSS. from Gugarât and the Dekhan read instead of-this and the next Sûtras, yaska sûdrâyâm abhipragâyate tadapatyam ka bhavati, 'and he who begets (offspring) on a Sûdra female, and thereby becomes her son.'
35. Govinda explains the Sûtra as a prohibition against allowing oneself to be adopted by a Sûdra (sûdraputrabhâvah | tavâham putro ’smîty upagîvanam).
36. The Dekhan and Gugarât MSS. again have a different reading, teshâm to nisveshah, 'but the atonement of these offences (is as follows).'
37. Âpastamba I, 9, 25, 10. All the MSS. read in the last pâda 'tribhir varshais tad apahanti pâpam.' The correct reading is that given by Âpastamba loc. cit., 'tribhir varshair apa pâpam nudante.'
38. Âpastamba I, 9, 27, 11. Govinda explains the Sûtra as referring to cohabitation with a female of the 'black race.' By the latter term he understands a Kândâlî, adding that others believe a Sûdra female to be intended. It is, however, more probable that Baudhâyana took the verse to forbid twice-born men to serve Sûdras.
39. Âpastamba I, 7, 21, 9.
40. Gautama XXI, is. In explanation of the term agamyâ, a female who must not be approached,' Govinda quotes Nârada XII, 73-74, and he takes the four classes of females, who are specially mentioned, not as examples illustrating the term agamyâ, but as not included in and additional to the latter. Physicians and the other professional men enumerated are usually not mentioned among the upapâtakins, but occur in the lists of those whose gifts must not be accepted, and of those who defile the, company at a funeral dinner, eg. Vasishtha III, 3; XIV, 2, 3, 11. The expression 'sacrificing for many' (grâmayâganam) appears to be a description of the so-called 'Yagamâna Vritti, by which the modern Bhattagîs, or priests who officiate for hire, subsist. In explanation of the term nâtyâkâryatâ, 'following the profession of teaching dancing, music, and acting,' Govinda says that 'instruction in the works of Bharata, Visâkhila, and others' is intended. Baudhâyana no doubt intends to forbid the instruction of professional dancers and actors in actual works on their art, such as the nâtya-sûtras mentioned by Pânini.
41. 'To live as an outcast, i.e. to subsist by begging.'--Govinda.
42. Âpastamba I, 7, 21, 12-19; I, 10, 29, 15.
43. Govinda is probably right in asserting that the word ka, 'and (so forth),' is intended to include other not-named offences.
44. Âpastamba I, 10, 29, 17-18.
45. Âpastamba I, 10, 29, 8-14.
46. I.e. males shall live, according to the rules given above in Sûtras 10-11, during one year, and females during four months.
47. Vasishtha II, 30.
48. Âpastamba I, 7, 21, 2.
49. The permission to sell 'stones' or minerals contradicts Vasishtha II, 24.
50. Regarding the definition of the term 'anûkâna,' see above, I, 11, 21, 13.
51. Regarding the efficacy of the Kûshmânda texts, see eg. Gautama XIX, 12; XXII, 36.
52. Vasishtha XXIII, 37-38.
53. Vasishtha XXIII, 39.
54. Vasishtha I, 22.
55. Âpastamba I, 9, 27, 3-4; Vasishtha XXIII, 30. I follow here the Gugarât and Dekhan MSS., which read amedhyaprâsane prâyaskittir naishpurîshyam tat saptarâtrenâvâpyate. M. and the two MSS. of the commentary give amedhyaprâsane prâyaskittam and leave the remainder out. The commentary states that the penance intended is the Taptakrikkhra, described in the next Sutra. The parallel passages of Âpastamba and others leave no doubt that the northern MSS. in this case have preserved the older form of the text.
56. Vasishtha XXI, 21.
57. Vasishtha XXI, 20. M. and the two MSS. of the commentary omit the word 'krikkhrah' at the end of the Sûtra.
58. Vasishtha XXIII, 43.
59. Vasishtha XXIV, 2.
60. Vasishtha XXIV, 3. Govinda gives another explanation of the word tritîyah, 'the third,' according to which it is to refer to the third tryahah, or 'period of three days.'
61. Vasishtha XXIV, 4-5.
YOU MAY ALSO LIKE
