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The Sacred Laws of the Âryas: Baudhâyana - Prasna II, Adhyâya 2
Kandikâ 3
1. A Brâhmana who always carries water (in his pot), who always wears the sacred thread, who daily recites the Veda, who avoids the food of Sûdras, who approaches (his wife) in the proper season, and offers sacrifices in accordance with the rules (of the Veda, after death) never falls from Brahman's heaven.1
2. The Veda (says), 'Manu divided his estate among his sons.'2
3. (A father may, therefore, divide his property) equally among all, without (making any) difference;3
4. Or the eldest may receive the most excellent chattel.4
5. (For) the Veda says, 'Therefore, they distinguish the eldest by (an additional share of the) property.5
6. Or the eldest may receive (in excess) one part out of ten;6
7. (And) the other (sons) shall receive equal shares.7
8. While the father lives, the division of the estate takes place (only) with the permission of the father.8
9. The (additional) share of the eldest is, (according to the order) of the four castes, a cow, a horse, a goat, and a sheep.9
10. If there are sons born of wives of different castes (varna), they should make ten portions of the ancestral property and take four (shares), three, two, (and) one, according to the order (of the castes).10
11. But if a legitimate son of the body (aurasa) is born, the (other) sons of equal caste shall obtain one third share (of the estate).11
12. If there is a son of equal caste and a son of12 a wife of the next lower caste, the son born of the wife of the next lower caste may take the share of the eldest, provided he be endowed with good qualities.
13. (A son) who possesses good qualities becomes the protector of the rest.13
14. One must know a son begotten by (the husband) himself on a wedded wife of equal caste (to be) a legitimate son of the body (aurasa).14
Now they quote also (the following verse): 'From the several limbs (of my body) art thou produced, from my heart art thou born; thou art "self" called a son; mayest thou live a hundred autumns.'15
15. The (male child) born of a daughter, after an agreement has been made, (one must know to be) the son of an appointed daughter (putrikâputra); any other (male offspring of a daughter they call) a daughter's son (dauhitra).
16. Now they quote also (the following verse): 'The son of an appointed daughter should offer the first funeral cake to his mother, the second to her father, and the third to his father's father.'
17. He who is begotten, by another man, on the wife of a deceased man, of a eunuch, or of one (incurably) diseased, after permission (has been given), is called the son begotten on a wife (kshetraga).16
18. Such a (son begotten on a wife) has two fathers and belongs to two families; he has a right to perform the funeral oblations, and to inherit the property of (his) two (fathers).17
19. Now they quote also (the following verse): The son of two fathers shall give the funeral cakes (to his two fathers, and pronounce) two names with each oblation, and three cakes shall serve for six persons; he who acts thus will not err.'
20. He (is called) an adopted son (datta) who, being given by his father and his mother, or by either of the two, is received in the place of a child.18
21. He (is called) a son made (kritrima) whom (a mail) himself makes (his son), with the (adoptee's) consent (only), and who belongs to the same caste (as the adopter).19
22. He is called a son born secretly (gûdhagga) who is secretly born in the house and whose (origin is) afterwards (only) recognised.20
23. He is called a son cast off (apaviddha) who, being, cast off by his father and his mother, or by either (of them), is received in the place of a child.21
24. If anybody approaches an unmarried girl without the permission (of her father or guardian), the son born by such (a woman is called) the son of an unmarried damsel (kânîna).22
25. If one marries either knowingly or unknowingly a pregnant bride, the child which is born of her is called (a son) taken with the bride (sahodha).23
26. He (is called a son) bought (krîta) who, being purchased from his father and his mother, or from either of them, is received in the place of a child.24
27. He (is called the son) of a twice-married woman (paunarbhava) who is born of a re-married female, (i.e.) of one who, having left an impotent man, has taken a second husband.25
28. He (is called) a self-given (son, svayamdatta) who, abandoned by his father and his mother, gives himself (to a stranger).26
29. He who is begotten by (a man of) the first twice-born (caste) on a female of the Sûdra caste (is called) a Nishâda.
30. (He who was begotten by the same parents) through lust (is called) a Pârasava. Thus (the various kinds of) sons (have been enumerated).27
31. Now they quote also (the following verses): 'They declare the legitimate son, the son of an appointed daughter, the son begotten on a wife, the adopted son and the son made, the son born secretly and the son cast off, (to be entitled) to share the inheritance.'28
32. 'They declare the son of an unmarried damsel and the son received with the bride, the son bought,29 likewise the son of a twice-married female, the son self-given and the Nishâda, to be members of the family.'
33. Aupagandhani (declares that) the first among them alone (is entitled to inherit, and a member of his father's family).30
34. 'Now, O Ganaka, I jealously watch my wives, (though I did) not (do it) formerly; for they have declared in Yama's court that the son belongs to the begetter. The giver of the seed carries off the son, after death, in Yama's hall, Therefore they carefully protect their wives, fearing the seed of strangers.'
35. 'Carefully watch (the procreation of your) offspring, lest strange seed fall on your soil. After death the son belongs to the begetter; through carelessness a husband makes (the procreation of) a son useless.'
36. Let them carefully protect the shares of31 those who are minors, as well as the increments (thereon).
37. Granting food, clothes, (and shelter), they shall support those who are incapable of transacting legal business,32
38. (Viz.) the blind, idiots, those immersed in vice, the incurably diseased, and so forth,33
39. Those who neglect their duties and occupations;34
40. But not the outcast nor his offspring.35
41. Intercourse with outcasts shall not take place.
42. But he shall support an outcast mother, without speaking to her.
43. The daughters shall obtain the ornaments of their mother, (as many as are) presented according to the custom (of the caste), or anything else (that may be given according to custom).36
44. Women do not possess independence.37
45. Now they quote also (the following verse): Their father protects (them) in childhood, their husband protects (them) in youth, and their sons protect (them) in old age a woman is never fit for independence.'38
46. The Veda declares, 'Therefore women are considered to be destitute of strength and of a portion.'39
47. Those (women) who strive (to do what is) agreeable to their husbands will gain heaven.40
48. But for a violation (of their duty towards the husband) a Krikkhra penance (must be performed).41
49. (For violating it) with a Sûdra (a woman) shall perform a lunar penance (kândrâyana);
50. (For violating it) against the order of the castes with a Vaisya and so forth, she shall perform a Krikkhra or an (Atikrikkhra) penance.
51. For male (offenders, i.e.) Brâhmanas and so forth, a year's chastity (is prescribed).42
52. Let him burn a Sûdra (who commits adultery with an Âryan) in a straw-fire.43
53. Now they quote also (the following verses):
Kandikâ 4
1. 'Anybody but a Brâhmana shall suffer corporal punishment for adultery.'44
2. 'The wives (of men) of all castes must be guarded more carefully than wealth.'45
3. 'But corporal punishment (shall) not (be inflicted) for (adultery with) the wives of minstrels and with those who appear on the stage. For (the husbands) carry them (to other men), or, lying concealed (at home), permit them to hold culpable intercourse.'46
4. 'Women (possess) an unrivalled means of purification; they never become (entirely) foul. For month by month their temporary uncleanness removes their sins.'47
5. 'Soma gave them cleanliness, the Gandharva their melodious voice, and Fire purity of all (limbs); therefore women are free from stains.'48
6. 'Let him abandon a barren (wife) in the tenth year, one who bears daughters (only) in the twelfth, one whose children (all) die in the fifteenth, but her who is quarrelsome without delay.'49
7. A widow shall avoid during a year (the use of) honey, meat, spirituous liquor, and salt, and sleep on the ground.50
8. Maudgalya (declares that she shall do so) during six months.
9. After (the expiration of) that (time) she may, with the permission of her Gurus, bear a son to her brother-in-law, in case she has no son.51
10. Now they quote also (the following verse): One whose appointment can have no result, (viz.) a barren woman, one who has borne sons, one who is past child-bearing, one whose children are (all) dead, and one who is unwilling must not be appointed.'52
11. The sister of a maternal uncle and of the father, a sister, a sister's daughter, a daughter-in-law, a maternal uncle's wife, and the wife of a53 friend are females who must never be approached (agamyâ).
12. For intercourse with females who must not be approached (agamyâ), a Krikkhra and an Atikrikkhra (and) a Kândrâyana are the penances prescribed for all.
13. Thereby (the rule regarding) intercourse with a female of the Kandâla caste has been declared.54
14. Now they quote also (the following verses): A Brâhmana who unintentionally approaches a female of the Kandâla caste, eats (food given by a Kandâla) or receives (presents from him), becomes an outcast; but (if he does it) intentionally, he becomes equal (to a Kandâla).55
15. 'He who approaches his father's, his teacher's, or a king's wife, is guilty of the crime of violating a Guru's bed; the penance ordained for him has been declared above.'56
16. (A Brâhmana) who is unable (to subsist) by teaching, sacrificing for others, or the acceptance of gifts, shall maintain himself by following the duties of Kshatriyas, because that is the next following (caste).57
17. Gautama (declares that one shall) not (act thus). For the duties of Kshatriyas are too cruel for a Brâhmana.58
18. Now they quote also (the following verse): 'Out of regard for the sacred law a Brâhmana and a Vaisya may take up arms for (the protection of) cows or Brâhmanas, or when a confusion of the castes (threatens to take place).59
19. (Or) the livelihood of a Vaisya should be adopted, because that is the one following (next):60
20. (If he lives by agriculture) he shall plough before breakfast,61
21. With two bulls whose noses have not been pierced, not striking them with the goad, (but) frequently coaxing them.
22. The (sacred domestic) fire (shall be kindled) at the wedding; the religious ceremonies up to the Agnyâdheya (shall be) performed in that.62
23. Now, beginning with the Agnyâdheya, follow these (rites in an) uninterrupted (series), as, for instance, the Agnyâdheya, the Agnihotra, the new and full moon sacrifices, the Âgraya.a at the winter and summer solstices, the animal sacrifice, the Kâturmâsyas at the beginning of each season, the Shaddhotri in spring, the Agnishtoma. Thus the attainment of bliss (is secured).63
24. Now they quote also (the following verse): 'Neither he who is accustomed to sleep in the day-time, nor he who eats the food of anybody, nor he who falls from a height to which he has climbed, can reach heaven as he desires.'64
25. Let him avoid meanness, hard-heartedness, and crookedness.65
26. Now they quote also with reference to this (subject the following) verse in the dialogue between the daughters of Usanas and Vrishaparvan: 'Thou, forsooth, art the daughter of one who praises (others), who begs and accepts (gifts); but I am the child of one who is praised, who gives gifts and does not accept them.'66
Footnotes
1. Vasishtha VIII, 17.
2. Taittirîya Samhitâ III, 1, 9, 4.
3. Colebrooke V, Dig. XL. Govinda points out that this rule refers to sons equal by caste, origin, and virtue.
4. Colebrooke, loc. cit.; Vishnu XVIII, 37.
5. Taittirîya Samhitâ II, 5, 2, 7. See also the discussion on this text, Âpastamba II, 6, 14, 10-13.
6. Colebrooke, loc. cit.; Vasishtha XVII, 43.
7. Colebrooke, loc. cit.; Gautama XXVIII, 8.
8. Colebrooke V, Dig. XXII; Dâyabhâga II, 8. In C.'s Digest the first clause is omitted and connected with the following Sûtra. Govinda agrees with Gîmûtavâhana.
9. Colebrooke V, Dig. XLIX. The rule is an explanation of the term varam rûpam, 'the most excellent chattel,' in Sûtra 4. The meaning probably is, as the Digest states, that among Brâhmanas it is usual to give to the eldest a bull, among Kshatriyas a horse, and so forth.
10. Vasishtha XVII, 48-50; Vishnu XVIII, 2-40 where the several cases that can arise have been fully worked out.
11. I translate according to the reading of K., M., and the two MSS. of the commentary, aurase tûtpanne savarnâs [°nas, M., K.] trittyâmsaharâh [°yâmsam haret, K.] The other MSS. omit the last two words of the Sûtra. The sense of the Sûtra seems to be, that subsidiary sons of equal caste obtain a third of the estate when a legitimate son of the body is born to their father; see also Kâtyâyana V, Dig. CCXVIII. Govinda gives the following explanation: aurasah savarnaputrâs ka vakshyante | aurasah savarnâyâm samskritâyâm svayam utpâditah [Sûtra 14] | tasminnutpanne savarnâs tritîyâmsaharâ bhaveyuh | sarvam dhanagâtam tredhâ vibhagya teshâm ekam shodasa sampâdya trîn dvâvekam iti kalpayet || 'The legitimate son and the sons of equal caste will be described (below). He is called a legitimate son who is begotten by the husband himself on a wedded wife of equal caste. When such a one is born, the (other) sons of equal caste shall obtain one third share. Dividing the whole property into three parts, and making one of them sixteen (?), he shall give three, two, one.'--Govinda.
12. Colebrooke V, Dig. CLVII; Dâyabhâga IX, 15.
13. Colebrooke, loc. cit.
14. Colebrooke V, Dig. CXCVI; Vasishtha XVII, 13. The verse is found in the Mahâbhârata and elsewhere.
15. Colebrooke V, Dig. CCXIII; Vasishtha XVII, 15-17.
16. Colebrooke V, Dig. CCXXXVII; Dâyabhâga II, 60; Vasishtha XVII, 14.
17. Colebrooke Dig., loc. cit.
18. Vasishtha XVII, 28.
19. Colebrooke V, Dig. CCLXXXIV; Gautama XXVIII, 32.
20. Vasishtha XVII, 24.
21. Vishnu XV, 24-25.
22. Colebrooke V, Dig. CCLXI; Vasishtha XVII, 21-23. It must be understood that the father must belong to the same caste as the girl.
23. Vasishtha XVII, 27.
24. Colebrooke V, Dig. CCLXXXI; Vasishtha XVII, 30-32.
25. Vasishtha XVII, 18-20.
26. Vasishtha XVII, 33-35.
27. Colebrooke V, Dig. CCXCIII. Govinda points out that the Pârasava is, according to Baudhâyana, the offspring of a Sûdrâ concubine, not of a Sûdrâ wife. But see also above, I, 9, 17, 4.
28. Colebrooke V, Dig. CLXXX; Vasishtha XVII, 25.
29. Colebrooke V, Dig. CLXXIX; Vasishtha XVII, 26.
30. Aupagandhani is one of the ancient teachers of the White Yagur-veda, mentioned in the lists incorporated in the Satapatha-brâhmana XIV, 5, 5, 21; 7, 3, 26. The legends of the White Yagur-veda frequently mention king Ganaka of Videha, and assert that that philosopher king had frequent and intimate intercourse with Yâgñavalkya and other teachers of the Veda which Âditya revealed. It seems to me, therefore, highly probable that Govinda is right in taking the vocative ganaka in Sûtra 34 as a proper name, and in asserting that the verse belongs to a conversation between Aupagandhani and Ganaka. This explanation, which possibly may be based on an ancient tradition of Baudhâyana's school, is certainly preferable to Haradatta's statement on Âpastamba II, 6, 13, 7, that these verses express the sentiments of a husband who had neglected to watch his wives, and later learned that he would not derive any spiritual benefit from their offspring. In the text of Sûtra 34 I read with the Dekhan MSS. and Âpastamba, loc. cit., îrshyâmi, instead of ishyâmi, which M. and the commentary give.
31. Colebrooke V, Dig. CCCCLII; Vasishtha XVI, 8, 9. 'The increments, i.e. the proper interest. Thus the money of minors shall bear interest,'--Govinda.
32. Colebrooke V, Dig. CCCXXVIII; Dâyabhâga V, 12; Vyavahâramayûkha IV, 11, so; Vasishtha XVII, 52-54.
33. Colebrooke and Mayûkha, loc. cit. 'The expression "and so forth" includes hunchbacks and other (disabled) persons.'--Govinda. Vyasanin, 'immersed in vice,' may also mean 'afflicted by calamities,' and is perhaps intended to be taken both ways.
34. Colebrooke and Mayûkha, loc. cit. Akarminas, 'those who neglect their duties and occupations,' I.e. those who though able (to fulfil their duties are) indolent.--Govinda.
35. Colebrooke and Mayûkha, loc. cit.; Burnell, Dâyabhâga 49. 42, Gautama XXI, 15, and note.
36. Colebrooke V, Dig. CXXX; Vasishtha XVII, 46. 'Sâmpradâyikam (literally "customary") qualifies (the word) ornaments; sâmpradâyikam (means) what is obtained according to custom; what is given to their mother by the maternal grandfather and grandmother, that (is called) sâmpradâyikam. "Or anything else," (viz.) presented according to custom, (e.g.) a bedstead and the like, a couch, and an outer garment, and the like. So much and nothing else shall the daughters receive.'--Govinda.
37. Vasishtha V, s. All the MSS. of the text read na strîsvâtantryam vidyate, while the text given by the two copies of the commentary has na strî svâtantryam vindate. Govinda asserts that the Sûtra is intended to forbid the independent action of women with respect to things inherited. The correct view probably is that with this Sûtra the topic of the duties and rights of women begins, and that the rule contains a general maxim.
38. Vasishtha V, 2.
39. Colebrooke V, Dig. CXXXI. The text is in great confusion. The Dekhan and Gugarât MSS., except K., read, na dâyam nirindriyâ hyadâyâs ka striyo matâ iti srutih; K. has, tasmât[n]nirindriyâ hy. st. m. i. sru. || tasmât striyo nirindriyâ adâyâdîr api pâpât; while M. and the I. O. copy of the commentary have, tasmânnirindriyâ adâyâs ka striyo matâ iti srutih [sûtih, M.] The Telugu copy is mutilated, and reads nâdayantiriti srutih. Though the reading of the Dekhan MSS. is supported by Mitramisra Vîramitrodaya, fol. 209, p. I, 1. 3, it is certainly not the original one, for there is no verb by which the accusative 'dâyam' is governed. Mitramisra's attempt to make it depend on 'arhati' in the verse quoted in Sûtra 45 is futile, because, according to the usage of the Sûtrakâras, a Sûtra may be completed by a verb taken frost another original aphorism of the author, but cannot be connecter with a portion of a quotation taken from some other work. This same principle, of course, applies not only to Sûtras, but to the writings of all other authors, whether Indian or European. The reading of K., M., and of the I. O. copy of the commentary is not open to the objection just mentioned, and therefore preferable. But it seems to me highly probable that, nevertheless, it is not quite genuine; for the word 'tasmât,' with which it begins, is not required, because its sense is already expressed by the following hi,' and because the Sûtra apparently contains half an Anushtubh Sloka, which the insertion of tasmât destroys. It is also easy to see how it came to be inserted. Every Yagurvedî who read the passage would be reminded of the analogous passage of the Taittirîya Samhitâ VI, 5, 8, 2, 'tasmât striyo nirindriyâ adâyâdîr api pâpât pumsah upastitaram,' which in K. has actually been inserted after our Sûtra. In the Vedic Mantra 'tasmât' is required, and is certainly the genuine reading. Hence it seems to have been transferred into Baudhâyana's text, possibly by the mistake of some scribe who, according to the habit of his kind, took a marginal reference to the beginning of the Vedic passage for a correction of the text. In my opinion it must be thrown out. The sense of the half verse remains exactly the same. It corresponds to Manu IX, 18. According to Govindasvâmin and others its object is to show that women are incapable of inheriting, and the word dâya, 'portion,' must be taken in the sense of 'a share of the inheritance.' For a full discussion of this point, I refer to the Introductory Note on Book I, Chapter II, Sect. 14 of West and Miller's Digest of H. L. C., third edition.
40. Vishnu XXV, 15, 17; Vasishtha XXI, 14.
41. Vasishtha XXI, 6-13.
42. Govinda points out that this rule refers to adultery with women of equal caste, and thinks that the word 'chastity' indicates that Krikkhra penances are to be performed; Vasishtha XXI, 16, 17; Vishnu LIII, 2. But see Gautama XXII, 29.
43. Vasishtha XXI, 1, 5.
44. Âpastamba II, 10, 26, 20; 10, 27, 11. Govinda thinks that non-Brâhmanical offenders should be burned, in accordance with Vasishtha XXI, 2-3. But mutilation may also be intended. Samgrahana, 'adultery,' probably includes all those acts mentioned Manu VIII, 354-358.
45. Manu VIII, 359.
46. Manu VIII, 362. I read conjecturally, 'samsargayanti tâ hyetâ niguptâs kâlayantyapi,' basing my emendations on Manu's text. The MSS. and Govinda have, samsargayanti tâ hyetân niguptâms kâlayanty api, which gives no good sense. Govinda explains kâranadârâh, 'the wives of minstrels,' by devadâsyah, 'temple-slaves.'
47. Vasishtha XXVIII, 4.
48. Vasishtha XXVIII, 6.
49. Manu IX, 81.
50. Vasishtha XVII, 55. The word madya, 'spirituous liquor,' occurs in M. and the I. O. copy of the commentary. The MSS. from the Dekhan and Gugarât, including K., read maggana or maddâna, the compound letter being very indistinct.
51. Vasishtha XVII, 56, where the term 'Gurus' is fully explained.
52. Vasishtha XVII, 57-59. M. and the two copies of the commentary read pisâkotpannaputrâ ka instead of vasâ kotpannaputrâ ka, 'a barren woman and one who has borne sons.' I follow the Dekhan and Gugarât MSS., which undoubtedly give the genuine reading. Perhaps the term avasâm, Vasishtha XVII, 57, should be corrected to vasâm.
53. These two Sûtras are additions to II, 1, 2, 13. See also Nârada XII, 73-74; Vasishtha XXI, 16.
54. Vasishtha XXIII, 41; Vishnu LIII, 5-6.
55. Manu XI, 176.
56. Govinda thinks that the penance intended is that mentioned in Sûtra 12. Probably a severer one is meant. The verse is interesting, as it clearly is a quotation from some metrical work on law, not merely of traditional detached slokas.
57. Vasishtha II, 22. The Sûtra 'adhyâpanayâganapratigrahair asaktah kshatradharmena gîvet pratyanantaratvât' occurs in the two copies of the commentary only. The I. O. copy of the commentary has, however, before it the following words: [dharmya] svâdhyâyapravakane evety adhikânâm [kâram] darsayati pratigrihîtâ tâdrik pratigrahîtâram gridhnuvanti [târa ridhnu°] ritvigyagamânâ yâginau [°gane] tadasaktau kshatradharmau. M. reads, dharmanasvâdhyâyapravakana [ne] ityadhikâran darsayati pratigrahîtâdrik pratigrahîtâra ridhnuvanti ritvigyagamâna yâganau tadasaktau svâdhyâyadhyâ [°yâdhya] panayagñayâganapratigrahair asaktama [tah] kshatradharmmena gîvet. The Dekhan and Gugarât MSS. read, dhârmye svâdhyâyapravakane ityadhikâram darsayati | pratigrahe dâtâ pratigrahîtâ[ra] ridhnuvanti | ritvigyagamânâ yâgane | tadasaktau kshatradharmena gîvayet, or have corruptions of this passage. I cannot come to any other conclusion than that the passage which precedes the words translated by me are a very ancient interpolation, caused by the embodiment of a portion of an old Bhâshya with the text, and that all our MSS., however much they may differ, go back to one codex archetypus.
58. Gautama Introduction, p. lii.
59. Gautama VII, 25.
60. Vasishtha II, 24.
61. Vasishtha II, 32.
62. Vasishtha VIII, 3. The religious ceremonies to be performed with the sacred domestic fire, which, according to Baudhâyana, should be kindled at the wedding, not on the division of the paternal estate (Gautama V, q), are the so-called Grihya ceremonies (Gautama V, 8-9).
63. Vasishtha XI, 46. The sacrifices enumerated in this Sûtra require three fires, and belong to the srauta or vaitânika yagñas. The Shaddhotri mentioned here seems to be the animal sacrifice mentioned in the commentary on Kâtyâyana Srauta-sûtra VI, 1, 36.
64. An ârûdhapatita, 'he who falls from a height to which he has climbed,' is, according to Govinda, an ascetic who slides back into civil life.
65. Vasishtha VI, 40; X, 30. Govinda explains sâthyam, 'hard-heartedness,' by saktau satyâm api paropakârâkaranam, 'not doing a kindness to others though one is able to do so.'
66. The dialogue mentioned is that between Sarmishthâ and Devayânî, which occurs Mahâbhârata I, 78. The verse quoted is the tenth of that Adhyâya, and agrees with ours, except that sutâham is read for athâham in the beginning of the second half verse.
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