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Vishnu-smriti (Vishnu sutra / Vaishnava Dharmasâstra)
Crimes
XXXIII.1
1. Now man has three most dangerous enemies, called carnal desire, wrath, and greed.2
2. They are specially dangerous to the order of householders, because they have (houses, wives, and other) property.
3. Man, being overcome by those (three enemies), commits crimes in the highest degree, high crimes, minor crimes, and crimes in the fourth degree;
4. Also crimes effecting loss of caste, crimes degrading to a mixed caste, and crimes rendering the perpetrator unworthy (to receive alms and the like);
5. And crimes causing defilement, and miscellaneous offences.
6. This is the threefold path to hell, destructive of self: carnal desire, wrath, and greed: therefore must a man shun those three vices.3
XXXIV.
1. Sexual connection with one's mother, or daughter, or daughter-in-law are crimes in the highest degree.
2. Such criminals in the highest degree should proceed into the flames; for there is not any other way to atone for their crime.
XXXV.4
1. Killing a Brâhmana, drinking spirituous liquor, stealing the gold of a Brâhmana, and sexual connection with a Guru's wife are high crimes.
2. And social intercourse with such (criminals is also a high crime).
3. He who associates with an outcast is outcasted himself after a year;
4. And so is he who rides in the same carriage with him, or who eats in his company, or who sits on the same bench, or who lies on the same couch with him.
5. Sexual intercourse, intercourse in sacrificing, and intercourse by the mouth (with an outcast) entails immediate loss of caste.5
6. Such mortal sinners are purified by a horse sacrifice and by visiting all Tîrthas (places of pilgrimage) on earth.
XXXVI.6
1. Killing a Kshatriya or Vaisya engaged in a sacrifice, or a woman in her courses, or a pregnant woman, or a woman (of the Brâhmana caste) who has bathed after temporary uncleanness7, or an embryo of unknown sex, or one come for protection, are crimes equal to the crime of killing a Brâhmana.
2. Giving false evidence and killing a friend: these two crimes are equal to the drinking of spirituous liquor.8
3. Appropriating to one's self land belonging to a Brâhmana or a deposit (belonging to a Brâhmana and not consisting of gold) are crimes equal to a theft of gold (belonging to a Brâhmana).
4. Sexual connection with the wife of a paternal uncle, of a maternal grandfather, of a maternal uncle, of a father-in-law, or of the king, are crimes equal to sexual connection with a Guru's wife;
5. And so is sexual intercourse with the father's or mother's sister and with one's own sister;9
6. And sexual connection with the wife of a learned Brâhmana, or a priest, or an Upâdhyâya, or a friend;
7. And with a sister's female friend (or with one's own female friend), with a woman of one's own race, with a woman belonging to the Brâhmana caste, with a (Brâhmana) maiden (who is not yet betrothed to a man), with a low-caste woman, with a woman in her courses, with a woman come for protection, with a female ascetic, and with a woman entrusted to one's own care.
8. Such minor offenders become pure, like mortal sinners, by a horse-sacrifice and by visiting Tîrthas.
XXXVII.10
1. Setting one's self up by false statements (as by saying, 'I have done this,' or the like).11
2. Making statements, which will reach the ears of the king, regarding a (minor) offence committed by some one;12
3. Unjustly upbraiding a Guru (as by saying 'You have neglected such a household duty');13
4. Reviling the Veda;14
5. Forgetting the Veda texts, which one has studied;
6. (Abandoning) one's holy fire, or one's father, mother, son, or wife;15
7. Eating the food of those whose food may not be eaten, or forbidden food;
8. Appropriating to one's self (grain, copper, or other) goods of another man (but not his gold);
9. Sexual intercourse with another man's wife;
10. Sacrificing for persons for whom it is forbidden to sacrifice (such as Sûdras, persons for whom the initiation has not been performed, and the like);16
11. To live by a forbidden occupation (as, if a Brâhmana lives by the occupation of a Kshatriya, or of a Vaisya).
12. Receiving unlawful presents;17
13. Killing a Kshatriya, or a Vaisya, or a Sûdra, or a cow;
14. Selling articles that ought not to be sold (such as salt, lac, or others);
15. For an elder brother to suffer his younger brother to marry before him;
16. For a younger brother to marry, though his elder brother is not yet married;
17. To give a girl in marriage to either of those two (categories of offenders);
18. Or to perform the nuptial ceremony for them;
19. To allow the proper time for the ceremony of initiation to pass without being initiated;
20. To teach the Veda for a reward (unless it be in an emergency);18
21. To be taught by one who teaches the Veda for a reward (unless it be in an emergency);
22. To be employed (by the king's order) in the working of mines of any sort (whether gold mines, or silver mines, or others, or manufactories);
23. To make large (sharp) instruments (such as instruments for piercing an elephant's car);
24. Cutting trees, shrubs, creepers, long climbing plants (such as vines), or herbs;
25. Living by (prostituting) one's own wife;
26. Trying to overcome another by incantations (tending to kill him), or by forcible means;19
27. Performing the act (of cooking) for one's own sole benefit;
28. Not to have kindled one's own sacred fire;
29. Omitting to pay one's debts to the gods, Rishis, and manes (or sacrificing, study of the Veda, and propagation of one's race);
30. Studying irreligious books;
31. Atheism;20
32. Subsisting by a reprehensible art (such as dancing);
33. Intercourse with women who drink spirits;
34. Thus have the crimes in the fourth degree been enumerated.
35. Such criminals in the fourth degree shall perform the Kândrâyana or Parâka penances, or shall sacrifice a cow (as the case may require).21
XXXVIII.22
1. Causing (bodily) pain to a Brâhmana;
2. Smelling at things which ought not to be smelt (such as excrements), or at spirituous liquor;
3. Dishonest dealing;
4. Sexual connection with cattle;
5. And (sexual connection) with a man (or unnatural intercourse with a woman):
6. Such are the crimes effecting loss of caste.
7. He who has knowingly committed one of the acts effecting loss of caste shall perform the Sântapana23 penance; he who has done so unawares shall perform the Prâgâpatya[1] penance.
XXXIX.24
1. Killing domestic or wild animals are crimes degrading to a mixed caste.
2. He who has committed a crime degrading to a mixed caste shall eat barley-gruel for a month (if he has committed it knowingly), or perform the penance Krikkhrâtikrikkhra (if he has committed it unawares).25
XL.26
1. Receiving anything from a (Mlekkha or other) despicable person (even though not as a present, but in the form of interest, &c.), traffic (even with articles that are not forbidden to sell), subsisting by money-lending (even without exceeding the legitimate rate of interest), telling lies (even though not in giving evidence), and serving a Sûdra (even though without doing servile acts for him) are crimes rendering unworthy to receive alms.
2. He who has committed a crime rendering unworthy to receive alms, is purified by the penance Taptakrikkhra (in case he committed it knowingly), or by the penance Sîtakrikkhra (in case he did it unawares), or by the penance Mahâsântapana (in case it was committed) repeatedly.27
XLI.28
1. Killing birds, amphibious animals, and aquatic animals (such as fish);
2. And worms or insects;
3. Eating (nutmegs or other) plants similar to intoxicating drinks (in their effect upon the system):29
4. Such are the crimes causing defilement.
5. The penance ordained for crimes causing defilement is the Taptakrikkhra penance (if they were committed unintentionally), or they shall be atoned for by the Krikkhrâtikrikkhra penance (if they were committed intentionally).
XLII.
1. Miscellaneous crimes are those which have not been mentioned before.
2. Having committed one out of the number of miscellaneous crimes, a prudent man should always perform a penance, by the advice of a Brâhmana, after the higher or less degree of his guilt has been ascertained.
Footnotes
1. Âpast. I, 8, 23, 4, 5.
2. The mention which has been made in the preceding section, that on or rules of conduct, of the breach of the vow of {footnote p. 132} chastity and the penance for it (see XXVIII, 48, 49), causes him (Vishnu) to discuss the law of penance (Prâyaskitta). This is done in the following section, to which Chapter XXXIV serves as Introduction. (Nand.) The section on Prâyaskitta extends as far as Chapter LVII.
3. This proverb is also found in the Bhagavad-gîtâ, XVI, 21, and in the Mahâbhârata, V, 1036. See Böhtlingk, Ind. Sprüche, 2645.
4. M. IX, 235; XI, 55; Y. III, 227; Âpast. I, 7, 21, 8; Gaut. XXI, 1.--2, 3. M. XI, 181; Y. III, 227, 261; Gaut. XXI, 3.--4. M. XI, 181.
5. 'Intercourse of marriage' means sexual connection with an outcasted man or woman, or giving a damsel in marriage to an outcasted man, 'Intercourse in sacrificing' means sacrificing for, or with, an outcast. 'Mouthly intercourse' means teaching, or being taught by, or studying together with, an outcast. The present rule holds good in cases of voluntary intercourse only; if the intercourse was involuntary, the loss of caste does not follow till after a year. Others assert that the immediate loss of caste is entailed by particularly intimate intercourse only. (Nand.)
6. M. XI, 88; Y. III, 251; Âpast. I, 9, 24, 6, 8, 9.--2-7. M. XI, 57-59, 171, 172; Y. III, 228-233.--2. Gaut. XXI, 10.--5. Gaut. XXI, I.--7. Âpast. I, 7, 21, 9.
7. The term âtreyî (atrigotrâ) has been translated here and in {footnote p. 134} other places in accordance with that interpretation which is sanctioned by the majority among the commentators of law works. Nand., on the other hand, gives the preference to the opinion of those who tender it by 'a woman descended from or married to a man of the race of Atri.'
8. 'The term etau, "these," is used in order to include the forgetting of Veda texts and other crimes, which are mentioned as equal to drinking spirituous liquor by Manu (XI, 57) and Yâgñavalkya (III, 229).' (Nand.)
9. 'The particle ka in this Sûtra refers to little girls, as ordained by Manu, XI, 59.' (Nand.)
10. 1-34. M. XI, 56, 57, 60-67; Y. III, 228-230, 234-242; Âpast. I, 7, 21, 12-17; Gaut. XXI, 11.--35. M. XI, 118; Y. III, 265.
11. 'But if a man who does not know all the four Vedas says, in order to procure a valuable present or some other advantage, 'I know the four Vedas,' or if he says of another, his superior in caste or sacred knowledge, in order too prevent his receiving a valuable present, 'This man is no Brâhmana,' or 'He does not know anything,' in all such cases his crime is equal to the killing of a Brâhmana.' (Nand.)
12. 'But giving information of a heavy crime constitutes a crime equal to the killing of a Brâhmana.' (Nand.)
13. Guru means 'father' here. Heavy reproaches, as e. g. if a son says to his father, 'You have made unequal shares in dividing the patrimony,' are equal to killing a Brâhmana. (Nand.)
14. 'But atheistical detracting from the authority of the Veda constitutes a crime equal to the drinking of spirituous liquor.' (Nand.)
15. The use of the particle ka indicates that distant relatives are also intended here, as Yâgñavalkya, III, 239, states.' (Nand.)
16. 'But sacrificing for an outcast is a high crime.' (Nand.)
17. This rule refers to receiving presents from an outcast or other person, whose gifts must not be accepted, to receiving improper gifts, such as a ram, or a black antelope, and to receiving presents at an improper place, such as Kurukshetra, or at an improper time, such as during an eclipse of the sun. The particle ka further refers to giving instruction to those who are not entitled to receive it, as Yama mentions. (Nand.)
18. It is true that the above definition of an Upâdhyâya (XXIX, 2) implies that teaching the Veda for a fee is no reprehensible act; but that permission has reference to cases of distress only. (Nand.)
19. Nand. asserts that the particle ka is used here in order to include the performance of an Ahîna sacrifice and of the other sinful acts mentioned by Manu, XI, 198.
20. Atheism (nâstikatâ) consists in denying the existence of another life. (Nand.)
21. Regarding the penances called Kândrâyana and Parâka see below, XLVIII and XLVII, 18.
22. 1-6, M. XI, 68.
23. See XLVI, 19, 10.
24. M. XI, 69.
25. Regarding the penance Krikkhrâtikrikkhra, see XLVI, 13. 'The use of the causative form kârayet indicates that he may {footnote p. 139} perform the penance mentioned here through a substitute, if unable to perform it himself. (Nand.)
26. M. XI, 70.
27. Regarding the penances mentioned here, see XLVI, II, 12, 20.
28. 1-4. M. XI, 71.
29. 'Or the term madyânugata means hemp and the like.' (Nand.) Kullûka (on M. XI, 71) interprets it by 'what has been brought in the same basket or vessel with spirituous liquor;' by the same, by 'what has been defiled by spirituous liquor.' The rendering given in the text agrees with the first interpretation proposed by Nand.
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