Philosophy and Religion / Sacred Laws of the Âryas

    The Sacred Laws of the Âryas: Gautama - Chapter XXII

    1. (Now follows the description of the) penances.1

    2. He who has (intentionally) slain a Brâhmana shall emaciate himself, and thrice throw himself into a fire,2

    3. Or he may become in battle a target for armed men,3

    4. Or, remaining chaste, he may, during twelve years, enter the village (only) for the purpose of begging, carrying the foot of a bedstead and a skull in his hand and proclaiming his deed.4

    5. If be meets an Ârya, he shall step out of the road.5

    6. Standing by day, sitting at night, and bathing in the morning, at noon, and in the evening, he may be purified (after twelve years),6

    7. Or by saving the life of a Brâhmana,7

    8. Or if he is, at least, thrice vanquished in (trying to recover) the property (of a Brâhmana) stolen (by robbers),8

    9. Or by bathing (with the priests) at (the end of) a horse-sacrifice,9

    10. Or at (the end of) any other (Vedic) sacrifice, provided that an Agnishtut (sacrifice) forms part of it.10

    11. (The same penances must be performed) even if he has attempted the life of a Brâhmana, but failed to kill him,11

    12. Likewise if he has killed a female (of the Brâhmana caste) who had bathed after temporary uncleanness,12

    13. Also for (destroying) the embryo of a Brâhmana, though (its sex) may be not distinguishable.13

    14. For (intentionally) killing a Kshatriya the normal vow of continence (must be kept) for six14 years; and he shall give one thousand cows and one bull.

    15. For (killing) a Vaisya (the same penance must be performed) during three years; and he shall give one hundred cows and one bull.15

    16. For (killing) a Sûdra (the same penance must be performed) during one year; and he shall give ten cows and one bull.16

    17. And the same (rule applies) if a female (has been killed) who was not in the condition (described in Sûtra 12).17

    18. (The penance for killing) a cow is the same as for (the murder of) a Vaisya,18

    19. And for injuring a frog, an ichneumon, a crow, a chameleon, a musk-rat, a mouse, and a dog,19

    20. And for killing one thousand (small animals) that have bones,20

    21. Also for (killing) an ox-load of (animals) that have no bones;21

    22. Or he may also give something for (the destruction of) each animal that has bones.22

    23. For (killing) a eunuch (he shall give) a load of straw and a mâsha of lead;23

    24. For (killing) a boar, a pot of clarified butter;24

    25. For (killing) a snake, a bar of iron;25

    26. For (killing) an unchaste woman, who is merely in name a Brâhmanî, a leather bag;26

    27. (For killing a woman who subsists) by harlotry, nothing at all.

    28. For preventing that (a Brâhmana) obtains a wife, food, or money, (he must) in each case (remain chaste) during a year,

    29. For adultery two years,27

    30. (For adultery with the wife) of a Srotriya three years.

    31. And if he has received a present (from the woman), he shall throw it away,

    32. Or restore it to the giver.

    33. If he has employed Vedic texts for people (with whom such intercourse is) forbidden, (he shall remain chaste for a year), provided (the portion of the Veda thus employed) contained one thousand words.28

    34. And the same (penance must be performed) by him who extinguishes the (sacred) fires, who neglects the daily recitation of the Veda, or (who is guilty) of a minor offence (upapâtaka),

    35. Also by a wife who violates her duty (to her husband): but, being guarded, she shall receive food.29

    36. For committing a bestial crime, excepting (the case of) a cow, (he shall offer) an oblation of clarified butter, (reciting) the Kûshmânda texts.30

    Footnotes

    1. The text of the Sûtra consists of the single word 'penance' in the singular, which, being the adhikâra or heading, must be taken with each of the following Sûtras down to the end of chapter XXIII.

    2. Manu XI, 74.

    3. Âpastamba I, 9, 25, 11.

    4. Âpastamba I, 9, 24, 11-20. Haradatta says, 'the foot of a bedstead' (khatvâṅga) is known in the case of the Pâsupatas, and indicates thereby that he interprets the term to mean 'a club shaped like the foot of a bedstead,' which the Pâsupatas wear.

    5. Âpastamba I, 9, 24, 13.

    6. Âpastamba I, 9, 25, 10.

    7. Manu XI, 80; Yâgñavalkya III, 244-245.

    8. Âpastamba I, 9, 25, 21.

    9. Âpastamba I, 9, 25, 22.

    10. Haradatta names the Pañkarâtra sacrifice as an instance of a Srauta yagña, of which an Agnishtut forms part. He adds that another commentator explain s the Sûtra to mean, 'or at any other sacrifice, provided that an Agnishtut sacrifice be its final ceremony.' Regarding the Agnishtut sacrifice, see also above, XIX, 10.

    11. Yâgñavalkya III, 252.

    12. Âpastamba I, 9, 24, 9; Manu XI, 88; Yâgñavalkya III, 251.

    13. Âpastamba I, 9, 24, 8; Manu, Yâgñavalkya, loc. cit.

    14. Âpastamba I, 9, 24, 1, 4. 'Prâkrita (normal) means natural (svâbhâvika), i.e. not accompanied by the carrying of the foot of a bedstead and the rest.'--Haradatta.

    15. Âpastamba I, 9, 24, 2, 4.

    16. Âpastamba I, 9, 24, 3, 4.

    17. Âpastamba I, 9, 24, 5; Yâgñavalkya III, 269. Haradatta says that this rule refers to the expiation of the murder of a virtuous Brâhmanî.

    18. Âpastamba, I, 9, 26, 5; Manu XI, 109-116; Yâgñavalkya III, 263. Haradatta thinks that the Sûtra refers to the cow of a virtuous Srotriya or of a poor Brâhmana who has many children.

    19. Âpastamba I, 9, 25, 13. Haradatta explains dahara to mean a small mouse, but gives the meaning assigned to it in the translation as the opinion of others. He states that all the animals named must have been intentionally injured and together.

    20. Manu XI, 142; Yâgñavalkya III, 275.

    21. Âpastamba I, 9, 26, 2.

    22. Haradatta quotes a verse showing that 'something' means eight handfuls (mushti) of grain.

    23. Manu XI, 134; Yâgñavalkya III, 273.

    24. Manu XI, 135.

    25. Manu XI, 34; Yâgñavalkya III, 273. Possibly danda, a bar, denotes here a particular measure, as a danda is said to be equal to four hastas or ninety-six aṅgulis.

    26. Manu XI, 139.

    27. Âpastamba II, 110, 27, 11.

    28. Haradatta says that by the employment of Vedic texts, teaching or sacrificing is meant, but that others refer the Sûtra to the performance of these acts in the company of, not for unworthy people.

    29. Manu XI, 189; Yâgñavalkya III, 297.

    30. Manu XI, 174. Regarding the Kûshmândas, see XIX, 12.




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