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THE
SACRED BOOKS OF THE EAST
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HENRY FROWDE
Oxford University Press Warehouse
Amen Corner, E.C.
LAWS OF MANU
LAWS OF MANU.
Chapter I.
i. The great sages approached Manu, who was
seated with a collected mind, and, having duly
worshipped him, spoke as follows :
- ‘ Deign, divine one, to declare to us precisely
and in due order the sacred laws of each of the (four
chief) castes (vama) and of the intermediate ones. - ‘ For thou, O Lord, alone knowest the purport,
(i. e.) the rites, and the knowledge of the soul,
(taught) in this whole ordinance of the Self-existent
(Svayambhu), which is unknowable and unfathom-
able.’ - 1. Kull. thinks that pratipu^y a, ‘ having worshipped,’ may also
mean ‘ after mutual salutations/ and he connects, against the opinion
of the other commentators, ‘duly’ with ‘ spoke.’ Gov., Nar., Ragh.,
and K., as well as various MSS. (Loiseleur I, p. 313 ; Bikaner Cat.
p. 419), begin the Sawhita with the following verse, omitted by
Medh., Kull., and Nand. : ‘ Having adored the self-existent Brahman,
possessing immeasurable power, I will declare the various eternal
laws which Manu promulgated/ - After this verse Nand. inserts four lines, the first and last of
which are also found in K. : (a) ‘ The origin of the whole multi-
tude of created beings, of those born from the womb, of those
born from eggs, of those produced from exudations and from ger-
minating seeds, and their destruction;’ (b) ‘The settled rule of all
customs and rites deign to describe at large, according to their
times and fitness/ - ‘The ordinance of the Self-existent,’ i.e. ‘the Veda’ (Kull.,
Nar., and Ragh.), or ‘the Veda or the prescriptive rules (vidhi)
** I [25] B
LAWS OF MANU.
1,4-
- He, whose power is measureless, being thus
asked by the high-minded great sages, duly honoured
them, and answered, ‘ Listen !’ - This (universe) existed in the shape of Dark-
ness, unperceived, destitute of distinctive marks,
unattainable by reasoning, unknowable, wholly im-
mersed, as it were, in deep sleep.
contained in it’ (Medh.), or ‘ the institutes’ (Gov.). A&ntya, ‘ un-
knowable/ i.e. ‘the extent of which is unknowable’ (Kull. and
Ragh.), or ‘ unknowable on account of its depth’ (Gov.), or ‘ the
meaning of which cannot be known by reasoning’ (Nar.), or ‘not
perceptible by the senses’ (Medh.), or ‘ difficult to understand’
(Nand.). Aprameya, ‘unfathomable,’ i.e. ‘not to be understood
without the help of the Mimawsa and other methods of reasoning’
(Kull.), or ‘ unfathomable on account of its extent’ (Gov., Nand.),
or ‘ unfathomable on account of its extent, or not directly know-
able but to be inferred as the foundation of the Smrzti’ (Medh.),
or ‘ difficult to understand’ (Ragh.). Kull. and Ragh. explain karya-
tattvartha by ‘ the purport, i.e. the rites, and the nature of the soul;’
Medh., Gov., and Nand. by ‘ the true purport, i.e. the rites.’ Nand.
takes sarvasya, ‘ whole,’ as depending on ‘ ordinance/ and in the
sense of ‘ prescribed for all created beings/
In the commentary on verse 1 1 Medh. gives still another explana-
tion of this verse, according to which it has to be translated as
follows : ‘ For thou, O Lord, alone knowest the nature and the object
of the products employed in the creation of this universe, which is
unthinkable on account of its greatness, and unknowable/ This
version belongs to ‘other’ commentators, who explain Manu’s whole
account of the creation purely on Sawkhya principles.
- The account of the creation given in verses 5-13 bears, as
Dr.Muir remarks (Sanskrit Texts, IV, p. 2 6), some resemblance to that
contained in some passages of the -Satapatha-brahmawa, especially
XI, 1, 6, 1 seqq., and is probably founded on some Vedic work,
1 with an intermixture of more modern doctrines/ In explanation
of the wording of verse 5, Medh. and Kull. point to passages like Rv.
X, 129, 3, and Taittiriya-brahmawa II, 8, 9, 4. Sayawa, too, quotes
the verse in his commentary on the latter passage.
The commentators Medh. and Gov. explain the fact that Manu,
being asked to expound the law, gives an account of the creation,
1,6. THE CREATION.
- Then the divine Self-existent (Svayambhu,
himself) indiscernible, (but) making (all) this, the
great elements and the rest, discernible, appeared
with irresistible (creative) power, dispelling the
darkness.
by the supposition that it is intended to show what a great scope
the work has, and how necessary its study is, as the production of
the various created beings depends on merit and demerit. Kull.,
on the other hand, tries to prove that the account of the creation,
which belongs to the knowledge of the supreme soul, is part of the
sacred law, and hence properly finds its place here. All the com-
mentators, with the exception of Ragh., explain tama^, ‘ darkness,’
by mulaprakrzti-6, ‘the root-evolvent’ of the Sawkhya philosophy,
and tamobhutam, ‘ in the shape of darkness,’ by * absorbed in the
root-evolvent.’ Ragh., who throughout explains Manu’s sayings in
the sense of the Vedanta school, takes it for an equivalent of
avidya, ‘ ignorance.’ The explanation of the four adjectives, which
express in different terms the impossibility of knowing the mula-
prakrz’ti, differs very much in the six commentaries. The most
reasonable appears to be Kulluka’s view, who assumes that the four
words refer to the impossibility of attaining a knowledge of the
prakn’ti by the three means mentioned below, XII, 105, and ‘by
reasoning’ (tarka). He paraphrases apra^Tiata, ‘ unperceived,’ by
‘imperceptible by the senses;’ alakshawa, ‘destitute of marks,’
by ‘ uninferrible ;’ avig-weya, ‘ unknowable,’ by ‘ undefinable by words
or authoritative statement.’
- The above translation follows Gov., Nan, and Kull. The other
three commentators take mahabhutadivmtau^a^ as a relative com-
pound. On this supposition the translation would run as follows :
‘ Then the divine Self-existent, (himself) undiscernible, (but) making
this (universe) discernible, appeared, — he whose (creative) power
works in the great elements and the rest, and who dispels the
darkness.’
‘ Then,’ i. e. at the end of the period of destruction. AvyaktaA,
‘ (himself) undiscernible,’ i. e. ‘ not to be known except by Yogins’
(Medh.), or ‘ not perceptible by the external senses’ (Gov., Kull.,
Nar.), or ‘ not to be known except through the texts of the Upani-
shads ‘ (Ragh.), or ‘ difficult to know ‘ (Nand.). Medh. would prefer to
read avyaktam, ‘ this indiscernible (universe).’ ‘ The great elements
and the rest,’ i.e. ‘ the other principles, the great one and so forth’
B 2
4
LAWS OF MANU.
1,7-
- He who can be perceived by the internal organ
(alone), who is subtile, indiscernible, and eternal,
who contains all created beings and is inconceivable,
shone forth of his own (will).
(Medh., Gov., Nar., Kull., Nand.), or ‘ egoism’ (Ragh.). ‘Appeared/
i. e. ‘ assumed a body of his own free will, not in consequence of
His karman, his acts in a former existence’ (Medh., Gov., Kull,
Nand.), or ‘ became discernible’ (vyakta), (Nar.), or ‘ became ready
to create’ (karyonmukha), (Ragh.). Gov. explains vrz’ttau^sU,
‘ with irresistible power,’ by ‘ who obtained power’ (praptaw balaw
yena). Kull. explains tamonuda^, ‘dispelling the darkness (i.e. of
destruction),’ by ‘giving an impulse to the root-evolvent,’ and Ragh.
takes it in a similar way.
The commentators whose opinion Medh. adduces under verse 1 1,
explained this verse also as a description of the self-evolution which
the praknti performs according to the Sawkhyas. They took sva-
yambhu/z, ‘ the self-existent,’ in the sense of ‘ which modifies itself of
its own accord ;’ bhagavan, ‘divine,’ in the sense of ‘which is power-
ful enough to perform its business’ (svavyapara lsvara/i). The other
words presented, of course, no great difficulties.
- ‘By the two pronouns yo ‘sau, “he who,” he indicates the
supreme soul, known in the whole world, in the Vedas, Pura/zas,
Itihasas, and so forth’ (Kull. in accordance with Medh.). The latter
proposes, besides the explanation of atindriyagrahya^, ‘ who can be
perceived by the internal organ (or the mind alone),’ which Gov.,
Kull., and Nand. adopt, another one, ‘ who, being beyond the cog-
nisance of the senses, can be perceived by Yoga-knowledge alone.’
Nar. and Ragh., too, differ from the interpretation given above.
‘Subtile,’ i.e. ‘who is beyond all distinctions, such as small and
great’ (Medh.), or ‘who is unperceivable by the external senses’
(Kull.), or ‘who is perceivable by subtile understanding only’ (Gov.),
or ‘who is without limbs or parts’ (Ragh.). Nand. points to the
common epithet of the supreme soul, ‘ smaller than small’ (Ka/Vi
Up. II, 20; Bhagavadgita VIII, 9). A vyakta^, ‘indiscernible,’ is
taken by Kull. to mean ‘ destitute of limbs or parts.’ Sarvabhuta-
maya^, ‘who contains all created beings,’ means, according to
Medh., either ‘ that he conceives the idea of creating all beings,’ or
‘ that, in accordance with the Advaita Vedanta, all beings are illusory
modifications of him.’ The latter view seems to be the one adopted
by all the other commentators. ‘ Shone forth,’ i.e. either ‘ assumed
I, 10. THE CREATION. 5
- He, desiring to produce beings of many kinds
from his own body, first with a thought created the
waters, and placed his seed in them. - That (seed) became a golden egg} in brilliancy
equal to the sub ; in that (egg) he himself was born
as Brahman, the progenitor of the whole world. - The waters are called nara^, (for) the waters
are, indeed, the offspring of Nara ; as they were his
first residence (ayana), he thence is named Nara-
ya;/a.
a visible body* or ‘was self-luminous’ (Medh.), ‘assumed a body’
(Gov.), ‘ appeared in the form of the evolutes, the great one, and
so forth’ (Kull.), ‘became discernible’ (Nand.).
- Besides the passages quoted under verse 5, compare also the
Paura;/ik story of the mundane egg, Wilson, Visrmu-pura/za I,
pp. 39-40 (ed. Hall). ‘He’ is according to Medh. and Ragh. ‘Hira-
rcyagarbha,’ according to the other commentators, ‘the supreme
soul/ Medh. refers to Rig-veda X, 121, 1. According to Medh.
(verse 11) those who understood the whole passage to refer to the
unintelligent prakr/ti, explained abhidhyaya, ‘with a thought,’ to
mean ‘ independently of all external action, just as a man performs
an act merely by a thought.’ They also asserted that the waters
were produced as the first element only, but not before the great
one and the other principles. Kull., on the other hand, sees in the
expressions, used in this verse, the proof that Manu was an
adherent of the non-dualistic Vedanta. - Medh., Kull., and Raghava take the epithet ‘golden’ figura-
tively, and consider it to be intended to convey the idea of purity or,
as Ragh. also proposes, of brilliancy. Instead of ‘ he himself was
born as Brahman (masc.),’ the translation may also be ‘ Brahma
himself was born.’ Medh. gives both explanations. The other
commentators adopt that given in the text. The being produced
is, according to all except Ragh., Hirawyagarbha. Ragh., as a
strict Vedantin, thinks that it is Vira/. All the commentators
point out that pitamaha, ‘ the progenitor/ lit. the grandfather, is
a common name of Brahman (masc). - This punning explanation of Brahman’s name Narayawa
occurs in most of the Purarcas, see Wilson, Vish«u-pura«a I, p. 56
(ed. Hall). Both Medh. and Gov. seem to have read apo nara//,
LAWS OF MANU.
£
1 1. From that (first) cause, which is indiscernible,
eternal, and both real and unreal, was produced that
male (Purusha), who is famed in this world (under
the appellation of) Brahman.
- The divine one resided in that egg during
a whole year, then he himself by his thought (alone)
divided it into two halves ; - And out of those two halves he formed
heaven and earth, between them the middle sphere,
the eight points of the horizon, and the eternal
abode of the waters. - From himself (atmana^) he also drew forth
the mind, which is both real and unreal, likewise
from the mind egoism, which possesses the function
of self-consciousness (and is) lordly ; - Moreover, the great one, the_£auly. and all
1 the waters are called nara^.’ Nara is another name of the supreme
soul.
- All our commentators except Ragh., whose explanation is
wide off the mark, understand by the ‘ (First) cause ‘ the supreme
soul. Sadasadatmaka, ‘ who is both real and unreal,’ means ac-
cording to Medh., Gov., and Kull. ‘ who is existent or real, because
he can be known through the Veda and Vedanta, but non-existent
or unreal, as it were, because he cannot be perceived by the senses.’
Nand.’s explanation, ‘who is both the real, the efficient cause and the
unreal the products, matter and the rest,’ seems, however, preferable.
He says, sad iti karawam asad iti prakrz’tyadi karyam. Regarding
the ancient Vedic term Purusha, • the male ‘ or ‘ spirit,’ see Muir,
Sanskrit Texts, V, pp. 367-377.
1 2. Kull. explains the term * a year ‘ by ‘ a year of Brahman.’ But
Medh. and Gov., who say that a human year is meant, are in
accordance with -Satapatha-brahma«a XI, 1, 6, 2.
1 3. The number ‘ eight ‘ is obtained by adding to the four cardinal
points, ‘ the intermediate ones/ north-east, south-east, &c.
14-15. The commentators offer two entirely different explana-
tions of these two difficult verses. According to Medh., Gov.,
Kull., and Ragh. they describe the production of the Tattvas, the
1,15. THE CREATION.
(products) affected by the three qualities, and, in
their order, the five organs, which perceive the
objects of sensation.
principles of the Sa/rckhya system, the first three of which, Mahat,
Ahawkara, and Manas, have been placed in an inverted order.
Though Manu clearly states (verse 14) that the creator drew the
Manas (which they take to mean the internal organ) from the
atman (i. e. according to Medh. and Gov. ‘ from the Pradhana,’
which is his own shape [tatpradhanad atmana^ svasvarupat,
Medh.], or according to Gov., Kull., and Ragh. ‘ from the Paramat-
man,’ the supreme soul, or according to another explanation of
Ragh. ‘from himself [svasmat | ^fvasya bhogarthaw va]), that he
drew the Aha/rckara, egoism, from the Manas, and that he after-
wards created the mahantam atmanam, ‘the great one, the soul;’
(i. e. according to Medh. the Mahat which is called the soul
because like the soul it is found in all bodies, or according to Kull.
the Mahat which is called the soul because it is rroduced from
the soul or is useful to the soul), yet they think that it must be
understood that the Mahat was produced first, from it the
Ahawkara, and from the latter the Manas. The next term sarvam
triguwani, ‘ all the products modified by the three qualities,’ they
refer to all products or evolutes named and to be named hereafter.
They are thus obliged to disregard the ^a,’ and,’ at the cad of
verse 15 a, and Ragh. states distinctly that £a indicates there a
stress to be laid on the preceding word (/fcakaro ‘vadharawartha^).
Finally, Gov., Kull., and Ragh. are of opinion that the third ka,
‘and,’ at the end of verse 15 3 indicates that the organs of action
and the subtile elements have to be added in accordance with
the doctrine of the Sa^khya, while Medh. holds that the subtile
elements alone have to be understood.
Nand. and, to judge from the fragments of his commentary,
Nar. also give a far different explanation. According to them the
first created Manas is another name for the principle usually called
Mahat. In proof of this assertion Nand. adduces a passage from
a Pura;za, which Medh. quotes on verse 74, where Manas is given
as a synonym of Mahat (see also Cowell, Sarvadanuna-sawgraha,
p. 222, note 1). They farther take mahantam atmanam, ‘the
great one, the soul,’ to denote the Manas or internal organ
([mahantam] k& mano nama tattvam atmanam atmano ^ivasya-
va^Aedakatvad vyapade.ra/2, Ragh.). By the expression sarvam tri-
gu;/ani Nand. seems to understand the subtile elements (tanmatra),
8 LAWS OF MANU.
.
- But, joining minute particles even of those six,
which possess measureless power, with particles of
himself, he created all beings.
and he too believes that the particle ka. at the end of verse 1 5 b
shows that the organs of action have to be understood. The object
of the two verses is, according to Nand., not to give an account of
the actual order of creation, but to show that the material cause
of all created beings consists of portions of the creator’s body, of
the Mahat, Aha^kara, the Manas, the Tanmatras, and the organs
of sensation and action which belong to him; (anena dokadva-
yenaitad ukta;;z bhavati | atmiyanam mahadaha^karamanastan-
matra^anakarmendriyawam 2msVi sarvabhutopadanam iti H) It
would seem that Nand. and Nar/s view, as regards the explana-
tion of Manas (verse 14), is correct, but it may be doubted
whether, with respect to the terms in verse 15, mahan atma
and sarvam triguwani, they have been equally lucky. The
explanation of the first four commentators seems altogether
inadmissible. In conclusion, it may be stated that Nand. gives
also the most acceptable explanation of the epithet of the Manas,
sadasadatmakam, which, he says, means ‘ partaking of the nature
of an evolvent and of an evolute ‘ (prakn’tivikrz’tyatmakam), and of
lyvaram, ‘lordly,’ ‘which causes all actions to be done’ (sarva-
karmapravartakam).
- The translation follows Nand., Ragh., and Vi^wanabhikshu
(Saz/zkhyasara, p. 19, ed. Hall), who agree that the verse derives
the subtile or rudimentary bodies of individual beings from the
subtile body of the creator, and the individual souls from his soul.
They explain atmamatrasu by apari/£Minnasyaikasyatmana upa-
dhiva^ad avayavavatpratiyamaneshu atmasu (Ragh.), svag-ivaiweshu
(Nand.), and svawsa^etaneshu (Vign.). But they differ with respect
to the meaning of ‘ the particles of those six/ ‘ Those six ‘ are,
according to Ragh. and Vign., ‘the six senses/ i.e. the five organs
of sensation and the mind (which by implication indicate the whole
subtile body, Vign.) ; according to Nand., the six classes of tattvas,
which he believes to be mentioned in the preceding two verses, viz,
(1) the great one, (2) egoism, (3) mind, (4) the subtile or rudi-
mentary elements, (5, 6) the organs of sensation and action.
Medh., Gov., and Kull., on the other hand, take the verse as
follows: ‘Joining minute particles of those six (i.e. of egoism and of
the five subtile elements) which possess immeasurable power to par-
ticles of the same (i.e. of evolutes from the same six [Gov., Kull.],
i.e. of the gross elements produced from theTanmatras and the organs
I, 17. THE CREATION.
- Because those six (kinds of) minute particles,
which form the (creator’s) frame, enter (a-m) these
(creatures), therefore the wise call his frame sarira,
(the body.)
produced from egoism [Medh.]), he framed all beings.’ It would
seem that Nand.’s explanation comes nearest to the truth, though,
as stated above, his manner of showing that six principles or classes
of principles are mentioned in the preceding verses is not altogether
satisfactory. But, at all events, he has seen that the expression ‘ those
six’ must refer to the enumeration in the preceding two verses.
- The translation again follows Nand., with whom Nar. seems
to have agreed. He says, ‘ Because six (kinds of) particles of his
frame, i.e. the six before-mentioned portions of the body of Brah-
man, the Mahat, and the rest, enter, i.e. pervade these — all the
creatures mentioned in the preceding verse are referred to — on
account of that entering (^rayawat), they call the body of that, i.e.
of Brahman, jarira. The meaning is as follows: The body of
Hira?/yagarbha is called jarira, because it enters (jrayati) all beings
by means of its portions, being (their) material cause ; but it is not
destroyed (rfryate) like a common body.’ Nand. thinks, therefore,
that the punning explanation of the word jarira from shad am, or
sri, is given in order to show that the other etymology, which derives
it from srf, * to destroy/ is not applicable to the body of Brahman.
Medh.. Gov., and Kull. take the verse very differently. They agree
in supposing that the body is called jarira, because the six elements
mentioned enter into or produce the gross elements and the organs.
Medh. reads tanimani for tasyemani, and according to his interpre-
tation the translation would be, ‘ Because the six (kinds of) minute
particles producing the body enter into (being their cause) or produce
these (i. e. because egoism, the before-mentioned organs and the sub-
tile elements enter the gross elements which will be mentioned here-
after), therefore the wise call the body, which is the visible shape of that
(Pradhana), jarira.’ Kull., who reads tasya, differs from this version
only therein that he refers tasya to Brahman. Ragh. finally gives,
in accordance with his explanation of ‘ those six,’ the following ver-
sion, ‘Because the six (kinds of) fine particles constituting the
subtile frame of that (Hirawyagarbha, i.e. the mind and the rest)
enter these (gross bodies as their place of enjoyment), therefore
the wise call the visible frame of that (i. e. of the individual soul) the
jarira.’ He agrees, therefore, with Medh., Gov., and Kull. so far that
he, too, refers the verse to the gross bodies.
IO LAWS OF MANU. I, 18.
1 8. That the great elements enter, together with
their functions and the mind, through its minute
parts the framer of all beings, the imperishable one.
1 8. The commentators give five different versions of this verse :
(i) Meclh., ‘That (i.e. the Pradhana is) the producer of all beings
and imperishable, because these, (viz.) the gross elements with their
functions (and before them) the mind with its minute particles (i.e.
the subtile elements, intelligence, egoism, and the organs), enter it.’
(2) Gov. and Kull., ‘From that (i.e. the Brahman, which has the
form of the subtile elements and of egoism) are produced the gross
elements, together with their functions and the mind, which is the
producer of all beings through its minute (i.e. imperceptible) portions
(i. e. its products, good and bad thoughts, pleasure and pain, and so
forth, the world being produced by the good and evil actions origi-
nating in the mind) and imperishable.’ (3) Righ., ‘That (i.e. the
gross body) the gross elements enter (as pr cers [or produce])
and the mind, which is the producer of all beings and imperishable,
together with the actions (i.e. merit and so forth) and with the
(organs which are chiefly) limbs.’ (4) Nand., ‘ (As) that (body of
Hira^yagarbha), though through its small portions it produces all
beings, yet is imperishable, (even thus) the great b ;:• (egoism,
mind, the trigu«as, the organs of sensation and action) and the
mind (i.e. the principle, called the great one), with the actions (i.e.
the individual souls) enter it.’ (5) Nar.’s explanation is mutilated,
but seems to have been as follows, ‘That (i.e. the subtile body)
the gross elements (which produce the gross body) enter, together
with the karman (i.e merit and demerit) and the mind, (which is)
the producer of all beings and imperishable, together with (its
functions, knowledge, desire, hatred, &c, which are, as it were, its)
minute portions.’
It seems to me that not one of the above explanations can be
accepted in its entirety. I agree with Nar. in thinking that the
word ‘that’ refers to the subtile body and that the verse describes
the origin of the gross body as the result of the union of the
great, i.e. the gross elements and of the manas with the subtile
body. If the mahanti bhutani are the gross elements, it will, how-
ever, be necessary to understand by karmabhi^, ‘ their functions,’
which, as Medh. and Kull. mention, are ‘ the function of supporting
for the earth, of ripening or cooking for fire and so forth.’ By
manas I understand here the internal organ which forms the con-
I, 20. THE CREATION. I I
- But from minute body(-framing) particles of
these seven very powerful Purushas springs this
(world), the perishable from the imperishable. - Among them each succeeding (element) ac-
quires the quality of the preceding one, and whatever
place (in the sequence) each of them occupies, even
so many qualities it is declared to possess.
necting link between the gross senses or the gross body and the
individual soul, and thus may be said to frame or fashion all beings.
As its nature is atomic, it is necessary to connect avayavai^ suksh-
mai^ with sarvabhutakn’t and to take avayava either in the manner
proposed by Kull, or to assume that the several mind-atoms are
referred to, which belong each to a different individual.
- With respect to the explanation of the expression ‘the
seven Purushas.’ the commentators differ as much as regarding
‘the six’ in ver. 16. .Medh., Gov., and Kull. aGu. the great one ‘ or
the Mahat to their previous enumeration, ‘egoism and the five
subtile elements/ while Nar. and Nand. add the ‘portions of the
Atman’ (ver. 16) to those elements which they understand to be com-
prised by ‘ the six.’ That is, probably, the meaning of R&gh, also,
who says, purusha^aw manaadipurushantanam saptsL/ , ‘of the
Purushas, i. e. of those seven, the first of which is the mind, and the
last of which is the Purusha.’ All the commentators agree that the
term Purusha, ‘male or spirit,’ is applied to the principles in a
metaphorical sense, but they give various reasons for the fact,
‘because they are for the sake of the soul/ purusha (Medh.), or
‘ because they were produced by the Purusha, the Atman’ (Kull.).
Nar. understands ‘and’ with avyayat and says, ‘and from the im-
perishable, i.e. from Prakrni.’ ‘The perishable’ designates, of
course, ‘the gross bodies.’ - This verse expresses the doctrine that the first element
ether (ak&ra) possesses one quality, sound, alone ; the next, wind
two, sound and tangibility ; the third, fire or light, three and so forth ;
see also Sa/rckhyasara, p. 18. Nand. places ver. 27 before this verse,
and asserts that ‘ if some read the latter seven verses further on,
that is only due to an error of the copyists.’ Though vers. 20 and
27 are without any connexion with what precedes and follows, I do
not think it advisable to adopt Nand.’s proposal, which I fear is
based on nothing but a clever guess, against the authority of all
the other commentators. If it were permissible to transpose the
12 LAWS OF MANU.
- But in the beginning he assigned their several
names, actions, and conditions to all (created beings),
even according to the words of the Veda. - He, the Lord, also created the class of the
^god§, who are endowed with life, and whose nature
is action ; and the subtile class of the Sadhyas, and
the eternal sacrifice. - But from fire^ wind, and the sun he drew forth
the threefold eternal Veda, called Rik, Ya^us, and
Saman, for the due performance of the sacrifice. - Time and the divisions of time, the lunar
mansions and the planets, the rivers, the oceans,
the mountains, plains, and uneven ground, - Austerity, speech, ‘pleasure, desire, and anger,
this whole creation he likewise produced, as he
desired to call these beings into existence.
verses, I would propose to insert here ver. 27 and to place this verse
(20) after ver. 78.
- The commentators differ very much regarding the explana-
tion of this verse. Medh. proposes, ‘ And the Lord created (for
the sake) of men who are intent on performing sacrificial rites (the
multitude) of the gods, the subtile class of the Sadhyas and the
eternal sacrifice/ ‘ Others’ mentioned by him, Gov. and Kull, insert
another ‘and’ between karmatmanam and pramnam, and explain,
‘ The Lord created the multitude of the gods whose nature is the
sacrifice and of those endowed with life.’ By the ‘gods whose
nature is the sacrifice’ they understand the inanimate implements,
used at sacrifices, but frequently addressed in the Veda as divine
beings, while the gods endowed with life are said to be Indra, and
so forth. Ragh., with whom Nar. seems to have agreed, says,
‘And the Lord created among beings endowed with life the to us
invisible multitude of the gods, who by the results of their actions
have obtained their divine station, or who subsist on offerings.’
None of these speculations is of much use. But it may be that
karman means ‘ sacrificial rites,’ and karmatmanam may be trans-
lated by ‘ whose nature is the sacrifice/ or ‘ whose divinity depends
on the performance of sacrifices/ Regarding the Sadhyas, see
Wilson, Vish;m-pura«a II, p. 22 (ed. Hall).
I, 31. THE CREATION. 1 3
- Moreover, in order to distinguish actions, he
separated merit from demerit, and he caused the
creatures to be affected by the pairs (of opposites),
such as pain and pleasure.
.27. But with the minute perishable particles of
the five (elements) which have been mentioned, this
whole (world) is framed in due order.
- But to whatever course of action the Lord
at first appointed each (kind of beings), that alone
it has spontaneously adopted in each succeeding
creation. - Whatever he assigned to each at the (first)
creation, noxiousness or harmlessness, gentleness or
ferocity, virtue or sin, truth or falsehood, that clung
(afterwards) spontaneously to it. - As at the change of the seasons each season
of its own accord assumes its distinctive marks, even
so corporeal beings (resume in new births) their
(appointed) course of action. - But for the sake of the prosperity of the
- Other pairs of opposites are desire and anger, passionate
attachment and hatred, hunger and thirst, sorrow and delusion,
and so forth (Kull.). - ‘The minute perishable particles of the five (elements)’ are
according to Medh., Gov., and Kull. the subtile or rudimentary ele-
ments which may be called ‘ perishable,’ because they are changed
to gross elements. Ragh. explains the epithet ‘perishable’ by
adding \ because they have been produced.’ The commentators
offer various explanations in order to account for the insertion of
this verse which interrupts the continuity of the text. Medh. thinks
that it is a r£sume\ Gov. and Kull. state that it is meant to remove
the doubt, whether Brahman’s mental creation was effected without
the help of the ‘ principles,’ and Nar. asserts that it is meant to teach
that atoms are not eternal. Nand., as stated above, note on ver. 20,
places the verse immediately after ver. 19. - Nar. explains lokavivrz’ddhyartham, ‘for the sake of the
14 LAWS OF MANU,
worlds, he caused the Brdhma^a, the Kshatriya,
the Vaisya, and the .Sudra to proceed from his
mouth, his arms, his thighs, and his feet.
- Dividing his own body, the Lord became
half male and half female ; with that (female) he
produced Vira^*. - But know me, O most holy among the twice-
born, to be the creator of this whole (world), whom
that male, Vira^”, himself produced, having per-
formed austerities. - Then I, desiring to produce created beings,
performed very difficult austerities, and (thereby)
called into existence ten great sages, lords of created
beings, - Marl/£i, Atri, Ahgiras, Pulastya, Pulaha, Kratu,
Pra^etas, VasishMa, Bhrzgu, and Narada. - They created seven other Manus possessing
great brilliancy, gods and classes of gods and great
sages of measureless power,
prosperity of the worlds/ by varwair lokarakshawasawvardhanartham,
‘ in order to protect the world by means of the castes and to make
it prosperous/ Medh., Gov., and Kull., who interpret the compound
by ‘ in order that (the inhabitants of) the worlds might multiply/
point to the benefits conferred by sacrifices of householders, III,
- Nand. says with reference to the bearing of the verse, ‘ Now
he speaks of the creation of the deities representing the four
castes/ Regarding the origin of the castes, see Rig-veda X, 90, 12.
32-33. ‘ Produced/ i. e. ‘ begat ‘ (Medh., Kull.), Wilson, Vishmi-
purawa I, p. 104, note 2 (ed. Hall).
34-35. Wilson, Vishmi-pura«a I, p. 100, note 2 (ed. Hall).
- ‘Manus/ i.e. ‘creators in the several Manvantaras’ (Medh.,
Gov., Kull., Ragh.). ‘ Gods/ i.e. ‘such gods as had not been created
by Brahman’ (verse 22, Medh., Kull.); devanikayan, ‘ classes of
gods ‘ (Nand., Nar.), means according to Medh., Kull., and Ragh.
- the abodes of the gods ‘ (devasthanani). Ragh. gives also the
meaning ‘ the servants of the gods/
I
I, 44. THE CREATION. 1 5
3 J. Yakshas (the servants of Kubera, the demons
called) Rakshasas and Pi^a^as, Gandharvas (or
musicians of the gods), Apsarases (the dancers of
the gods), Asuras, (the snake-deities called) Nagas
and Sarpas, (the bird-deities called) Supar/zas and
the several classes of the manes,
- Lightnings, thunderbolts and clouds, imperfect
(rohita) and perfect rainbows, falling meteors, super-
natural noises, comets, and heavenly lights of many
kinds, - (Horse-faced) Kinnaras, monkeys, fishes, birds
of many kinds, cattle, deer, men, and carnivorous
beasts with two rows of teeth, - Small and large worms and beetles, moths,
lice, flies, bugs, all stinging and biting insects and
the several kinds of immovable things. - Thus was this whole (creation), both the im-
movable and the movable, produced by those high-
minded ones by means of austerities and at my
command, (each being) according to (the results of)
its actions. - But whatever act is stated (to belong) to (each
of) those creatures here below, that I will truly
declare to you, as well as their order in respect to
birth. - Cattle, deer, carnivorous beasts with two
rows of teeth, Rakshasas, PLsa^as, and men are
born from the womb. - From eggs are born birds, snakes, crocodiles,
- The several classes of manes are enumerated below, III,
194-199. - Rohita is said to be an imperfect rainbow which appears
to be straight, known according to Gov. by the name jastrotpata.
1 6 LAWS OF MANU.
fishes, tortoises, as well as similar terrestrial and
aquatic (animals).
- From hot moisture spring stinging and biting
insects, lice, flies, bugs, and all other (creatures) of
that kind which are produced by heat. - All plants, propagated by seed or by slips,
grow from shoots ; annual plants (are those) which,
bearing many flowers and fruits, perish after the
ripening of their fruit ; - (Those trees) which bear fruit without flowers
are called vanaspati (lords of the forest) ; but those
which bear both flowers and fruit are called vr/ksha. - But the various plants with many stalks,
growing from one or several roots, the different
kinds of grasses, the climbing plants and the creepers
spring all from seed or from slips. - These (plants) which are surrounded by multi-
form Darkness, the result of their acts (in former
existences), possess internal consciousness and expe-
rience pleasure and pain. - The (various) conditions in this always terrible
and constantly changing circle of births and deaths
to which created beings are subject, are stated to - I read, with Medh., Gov., Nand., and Kull., tarava^ instead
of the sthavara^ of the editions, and translate it, as required by the
context, by ‘plants.’ - My translation of ubhayata^, ‘both/ is based on Gov.’s com-
ment ‘vriksha/i puna£ pushpaphalenobhayenapi yukta bhavanti/
with which Nar. and Nand. agree. The latter, however, proposes
to read ‘ ubhayatha/ - ‘Multiform Darkness/ see below, XII, 42.
- Bhuta, ‘ created beings/ means according to Gov. and Kull.
kshetra^na, ‘ embodied souls/ According to Gov. and Nar. nityam,
‘always/ must be construed with ghore, ‘terrible/ Nar., however,
considers nitye, ‘in this eternal/ to be a better reading, which Nand.
also gives.
1,55- THE CREATION. 1 7
begin with (that of) Brahman, and to end with (that
of) these (just mentioned immovable creatures).
- When he whose power is incomprehensible,
had thus produced the universe and me, he dis-
appeared in himself, repeatedly suppressing one
period by means of the other. - When that divine one wakes, then this world
stirs ; when he slumbers tranquilly, then the universe
sinks to sleep. - But when he reposes in calm sleep, the cor-
poreal beings whose nature is action, desist from
their actions and mind becomes inert. - When they are absorbed all at once in that
great soul, then he who is the soul of all beings
sweetly slumbers, free from all care and occupation. - When this (soul) has entered darkness, it
remains for a long time united with the organs (of - ‘ Disappeared in himself/ i.e. ‘he divested himself of the body
which he had assumed at his own will’ (Medh., Gov., Kull.).
‘One period by means of the other,’ i.e. ‘the period of creation by
means of the period of destruction’ (Medh., Gov., Kull.). - Instead of the figurative nimilati, ‘closes the eyes, sinks to
sleep/ Gov. and K., read praliyate, ‘ is absorbed.’ - .Sarirmah, ‘corporeal beings/ means according to Medh.,
Gov., and Kull. ’embodied souls/ Karmatmana^, ‘whose nature
is action/ i.e. who are endowed with actions (Nand., Nar.), means
according to Medh., Gov., and Kull. ‘ who in consequence of their
actions became incorporate/ - According to Gov. and Kull., this verse describes the maha-
pralaya, the great or total destruction at the end of a kalpa, while
the preceding referred to the antaralapralaya, the intermediate or
incomplete destruction. Medh. explains ‘he who is the soul of all
beings ‘ by the S&zwkhya term Pradhana, ‘ the chief cause or Nature/
while Gov. and Kull. refer this expression as well as mahatman ‘ to
the supreme soul or supreme lord ‘ of the Vedanta.
55-56. The commentators offer three different explanations of
these two verses. Medh., Gov., and Kull., whom the translation
1 8 LAWS OF MANU. I, 56
sensation), but performs not its functions ; it then
leaves the corporeal frame.
- When, being clothed with minute particles
(only), it enters into vegetable or animal seed, it
then assumes, united (with the fine body), a (new)
corporeal frame. - Thus he, the imperishable one, by (alter-
nately) waking and slumbering, incessantly revivifies
and destroys this whole movable and immovable
(creation).
given above follows, think that ayatn, ‘this (soul),’ refers to the
individual soul, and that the two verses incidentally mention what
happens to it on the death of the individual in which it re-
sides. First, they say, it enters darkness, i.e. knowledge (gwana)
ceases, and, though for some time the soul’s connection with
the organs continues, it does not perform its functions of
breathing, and so forth. Next it leaves the old body. It then is
enveloped by the elementary body, consisting of the puryash/aka,
the eight constituents, i.e. the rudimentary elements (bhuta) and
organs (indriya), mind (manas), intelligence (buddhi), memory of
past actions (v&sana), merit or demerit (karman), the vital airs
(vayu), and avidya. In this condition it enters the seed of some
plant or the embryo of some animal and then assumes a new gross
body. Nar., on the other hand, considers that the first verse gives
a description of the fate of the individual soul during a swoon
(murk/ia), and the second alone refers to its migration after death.
Under this supposition verse 56 must be translated as follows :
1 Being of atomic size (the soul) enters vegetable or animal seed
and, united (with the rudimental body), leaves its (former) corporeal
frame.’ Nand. finally understands by ayam, ‘ this (soul),’ the creator
(bhagavan), and thinks that the first verse describes his behaviour
during the time of destruction, while the second refers to a new
creation. He says, ‘When he has entered darkness,’ i.e. the root-
evolvent or nature, ‘ and has remained there for a long time,’ i. e. as
long as the period of destruction lasts, ‘ then, endowed with organs,
he assumes a visible shape/ i.e. he appears in the shape of the
creation. His note on verse 56, where he reads sawsrz’sh/au for
sawsn’sh/a^, is too short to make it intelligible how he gets over
the difficulties opposed to his interpretation.
I, 64. THE CREATION. 1 9
- But he having composed these Institutes
(of the sacred law), himself taught them, according
to the rule, to me alone in the beginning ; next I
(taught them) to Mari/^i and the other sages. - Bhrzgu, here, will fully recite to you these
Institutes ; for that sage learned the whole in its
entirety from me. - Then that great sage BhWgu, being thus
addressed by Manu, spoke, pleased in his heart, to
all the sages, ‘Listen!’ - Six other high-minded, very powerful Manus,
who belong to the race of this Manu, the descendant
of the Self-existent (Svayambhu), and who have
severally produced created beings, - (Are) Svaro/£isha, Auttami, Tamasa, Raivata,
A^akshusha, possessing great lustre, and the son of
Vivasvat. - These seven very glorious Manus, the first
among whom is Svayambhuva, produced and pro-
tected this whole movable and immovable (creation),
each during the period (allotted to him). - Eighteen nimeshas (twinklings of the eye, are
one kash/M), thirty kash/^as one kala, thirty kalas
one muhurta, and as many (muhurtas) one day and
night. - ‘According to the rule,’ i.e. ‘with the subsidiary ceremonies
enjoined in the -Sastra’ (Kull.), or ‘with due attention, carefully’
(Medh., Gov.).
61.’ Who belong to the race Of this Manu Svayambhuva/ i. e. ‘ who
were born in the same race or family, for they were all immediately
created by Brahman and thus belong to one race’ (Medh.).
- As tavata^, ‘ as many/ stands in the accusative, Medh., Gov.,
and Kull. understand vidyat ‘ one should know to be.’ But Nar.
is probably right in assuming a vibhaktivyatyaya, i.e. that the author
used the accusative because the nominative did not suit the metre.
C 2
20 LAWS OF MANU. 1,65.
- The sun divides days and nights, both human
and divine, the night (being intended) for the repose
of created beings and the day for exertion. - A month is a day and a night of the manes,
but the division is according to fortnights. The
dark (fortnight) is their day for active exertion, the
bright (fortnight) their night for sleep. - A year is a day and a night of the gods ; their
division is (as follows) : the half year during which
the sun progresses to the north will be the day, that
during which it goes southwards the night. - But hear now the brief (description of) the
duration of a night and a day of Brahman and of the
several ages (of the world, yuga) according to their
order. - They declare that the Krzta age (consists of)
four thousand years (of the gods) ; the twilight pre-
ceding it consists of as many hundreds, and the
twilight following it of the same number. - In the other three ages with their twilights
preceding and following, the thousands and hundreds
are diminished by one (in each). - These twelve thousand (years) which thus
have been just mentioned as the total of four
(human) ages, are called one age of the gods. - But know that the sum of one thousand ages
of the gods (makes) one day of Brahman, and that
his night has the same length. - Those (only, who) know that the holy day of
Nand., who merely substitutes ‘ tavanta^ ‘ for ‘ tavata^/ seems to
have held the same opinion.
- Thus the moon regulates time for the manes.
69-71. Wilson, Vishwu-purawa I, pp. 49-50 (ed. Hall).
- According to ihe commentators the word pu«ya, ‘ holy/ is
1,77- THE CREATION. 21
Brahman, indeed, ends after (the completion of) one
thousand ages (of the gods) and that his night lasts
as long, (are really) men acquainted with (the length
of) days and nights.
- At the end of that day and night he who was
asleep, awakes and, after awaking, creates mind,
which is both real and unreal. - Mind, impelled by (Brahman’s) desire to
create, performs the work of creation by modifying
itself, thence ether is produced; they declare that
sound is the quality of the latter. - But from ether, modifying itself, springs the
pure, powerful wind, the vehicle of all perfumes ; that
is held to possess the quality of touch, - Next from wind, modifying itself, proceeds
the brilliant light, which illuminates and dispels
used in order to indicate that the knowledge of the duration of
Brahman’s day is ‘ meritorious.’
- Two explanations of the second half of the verse are offered
by the commentators. It may mean either that Brahman on
awaking from his sleep first creates the great principle (mahat),
which here, as elsewhere, is called manas, ‘ mind/ or that he
appoints (srz^ati) his own internal organ or mind (manas), which
at an intermediate destruction (avantara or antaralapralaya) remains
in existence, to create the world. Medh. and Kull. give both
explanations, and prefer the former. Gov. gives the second alone,
while Nar. and Nand. adhere to the first. The latter takes manas
as denoting the three principles, the great one, egoism, and mind,
and explains sadasadatmakam, ‘which is both real and unreal/
as in verse 14, by prakrz’tivikrz’tyatmakam, ‘being both an evolvent
and an evolute.’ - ‘Thence/ i.e. ‘from mind changed to egoism/ Nar. (simi-
larly Kull.), or ‘ from Brahman.’ - As the Sawkhya doctrine (Sawkhyakarika, ver. 25) makes all
the rudimentary elements proceed from egoism, Medh. takes the
first words of the verse to mean, ‘ But from egoism which modifies
itself, wind springs next after ether.’ He, of course, adopts the
same trick of interpretation in the following three verses.
2 2 LAWS OF MANU. I, 78
darkness; that is declared to possess the quality
of colour;
yS. And from light, modifying itself, (is produced)
water, possessing the quality of taste, from water
earth which has the quality of smell; such is the
creation in the beginning.
- The before-mentioned age of the gods, (or)
twelve thousand (of their years), being multiplied by
seventy-one, (constitutes what) is here named the
period of a Manu (Manvantara). - The Manvantaras, the creations and destruc-
tions (of the world, are) numberless ; sporting, as it
were, Brahman repeats this again and again. - In the Kr/ta age Dharma is four-footed and
entire, and (so is) Truth ; nor does any gain accrue to
men by unrighteousness. - In the other (three ages), by reason of (unjust)
gains (agama), Dharma is deprived successively of - ‘In the beginning,’ i.e. ‘after a total destruction’ (maM-
pralaya), (Kull.); ‘ after an intermediate destruction’ (Gov., Nar.);
‘before the creation of the mundane egg1 (Nand.). - The reason why Dharma, ‘justice or law,’ is said to be
^atushpat is explained, as Kull. points out, by Manu VIII, 16. Re-
garding the ulterior signification of the myth which represents
Dharma as a four-footed animal, the following opinions are ad-
vanced: 1. The four feet represent the four principal priests
at the sacrifice (Medh.) ; 2. or the four chief castes (Medh., Nand.) ; - or the four chief means of gaining merit, austerities, knowledge,
sacrifices, and liberality, see below, verse 86 (Medh., Kull., Nar.,
K.) ; 4. or finally the four kinds of speech, mentioned Rig-veda I,
164, 45 (Medh.). All the commentators agree in stating that
Truth, though comprised in the Dharma, is mentioned specially
in order to show its paramount importance. Nand. reads the last
words nadharmo n&gama^ kask’m, &c, and explains, ‘ Neither any
demerit nor any sacred lore, »Sastra, approached men, i. e. no
Institutes of the law were necessary.’ - Medh. explains the first half-verse differently, ‘In the other
three ages, Dharma, the sacred law, (which is derived) from the
,
1,85. THE CREATION. 23
one foot, and through (the prevalence of) theft,
falsehood, and fraud the merit (gained by men) is
diminished by one fourth (in each).
- (Men are) free from disease, accomplish all
their aims, and live four hundred years in the Knta
age, but in the Treta and (in each of) the succeeding
(ages) their life is lessened by one quarter. - The life of mortals, mentioned in the Veda,
the desired results of sacrificial rites and the (super-
natural) power of embodied (spirits) are fruits pro-
portioned among men according to (the character
of) the age. - One set of duties (is prescribed) for men in
the Krz’ta age, different ones in the Treta and in the
sacred lore (agama), i.e. the Veda, is made to withdraw one foot
after the other, one foot in each age, i.e. disappears (gradually)
because the power of men to learn and to remember the sacred
texts diminishes.’ Gov. says, ‘But in the Treta and the other
ages, Dharma, the sacred law, (derived) from the sacred lore
(agama), the -Sastra, i. e. the performance of sacrifices and so forth,
is made to withdraw, i.e. is diminished successively by one
quarter in each age, through (the prevalence of) theft, falsehood,
and fraud/ Nand. finally differs still more, ‘ In the other three
ages, i.e. the Treta and the rest, Dharma, (virtue or justice is
determined) by means of the sacred lore (agama)/ the -Sastra, but
this Dharma is lessened by one quarter in each; ‘lessening the
Dharma ‘ is intended to convey the meaning of ‘ lessening the
determination of the Dharma/ The translation follows Kull., Nar.,
and Ragh.
- In order to reconcile this statement regarding the age of
men in the Krz’ta age with various passages of the Mahabharata
and the Pura/zas, which attribute to certain heroes and sages lives
of many thousand years, the commentators explain our passage
as meaning that four hundred years were the natural term of
life, which, however, might be lengthened through the performance
of austerities. They further assert that in the passage Kanaka
34, 5, which names one hundred years as the term of human
existence, the numeral is used in the sense of ‘ many/
s
A
24 LAWS OF MANU. 1,86.
Dvapara, and (again) another (set) in the Kali, in
proportion as (those) ages decrease in length.
- In the Krzta age the chief (virtue) is declared
to be (the performance oO austerities, in the Treta
(divine) knowledge, in the Dvapara (the performance
of) sacrifices, in the Kali liberality alone. - But in order to protect this universe He, the
most resplendent one, assigned separate (duties and)
occupations to those who sprang from his mouth,
arms, thighs, and feet. - To Brahma^as he assigned teaching and
studying (the Veda), sacrificing for their own benefit
and for others, giving and accepting (of alms). - The Kshatriya he commanded to protect the
people, to bestow gifts, to offer sacrifices, to study
(the Veda), and to abstain from attaching himself to
sensual pleasures ; - The Vaisya to tend cattle, to bestow gifts, to
offer sacrifices, to study (the Veda), to trade, to lend
money, and to cultivate land. - One occupation only the lord prescribed to
the 6udra, to serve meekly even these (other) three
castes. - Man is stated to be purer above the navel
(than below) ; hence the Self-existent (Svayambhu)
has declared the purest (part) of him (to be) his
mouth. - As the Brahma^a sprang from (Brahman’s)
- See above, verse 31.
88-91. See below, X, 75-79, 99. - I read with Medh., Ragh., and K. samadwat, ‘he com-
manded/ for samasata/^, ‘ briefly.’ Nand. reads akalpayat. - See below, V, 132.
- Dharmata/fc prabhii/$, ‘ by right the lord/ agrees with Nar.’s
and Nand/s glosses. Medh., Gov., Kull, and Ragh. say, ‘ he is with
1,98. THE CREATION. 25
mouth, as he was the first-born, and as he possesses
the Veda, he is by right the lord of this whole
creation.
- For the Self-existent (Svayambhu), having
performed austerities, produced him first from his
own mouth, in order that the offerings might be
conveyed to the gods and manes and that this
universe might be preserved. - What created being can surpass him, through
whose mouth the gods continually consume the
sacrificial viands and the manes the offerings to
the dead ? - Of created beings the most excellent are said
to be those which are animated ; of the animated,
those which subsist by intelligence; of the intel-
ligent, mankind ; and of men, the Brahma;ias ; - Of Brahma^as, those learned (in the Veda);
of the learned, those who recognise (the necessity and
the manner of performing the prescribed duties) ; of
those who possess this knowledge, those who per-
form them ; of the performers, those who know the
Brahman. - The very birth of a Brahma^a is a^ri^etexnal
incarnation of the sacred lawj for he is born to
(fulfil) the sacred law, and becomes one with
Brahman.
respect to the law the lord, i.e. entitled to prescribe their duties to
this whole creation.’
- Tapas taptva, ‘having performed austerities,’ is added, as
Nand. says, in order to show ‘ particularly great consideration’ (tapas
taptvety adarati^aya^). See above, verses 33, 34, 41. - Medh., Nar., and Nand. explain kn’tabuddhaya^,’who recog-
nise (the necessity and the manner of performing the prescribed
duties),’ by ‘who know the meaning of the Veda.’ ‘ Those who know
the Brahman,’ i.e,’ the sacred lore which leads to final emancipation/
26 LAWS OF MANU. 1,99.
- A Brahma^a, coming into existence, is born as
the highest on earth, the lord of all created beings,
for the protection of the treasury of the law. - Whatever exists in the world is the property
of the Brahma^a ; on account of the excellence of
his origin the Brahma^a is, indeed, entitled to it all.
10 1. The Brahma^a eats but his own food, wears
but his own apparel, bestows but his own in alms ;
other mortals subsist through the benevolence of
the Brahma/za.
- In order to clearly settle his duties and those
of the other (castes) according to their order, wise
Manu sprung from the Self-existent, composed these
Institutes (of the sacred law). - A learned Brahma^a must carefully study
them, and he must duly instruct his pupils in them,
but nobody else (shall do it). - A Brahma/za who studies these Institutes
(and) faithfully fulfils the duties (prescribed therein),
is never tainted by sins, arising from thoughts,
words, or deeds. I - He sanctifies any company (which he may
enter), seven ancestors and seven descendants, and
he alone deserves (to possess) this whole earth. - (To study) this (work) is the best means of
securing welfare, it increases understanding, it pro-
cures fame and long life, it (leads to) supreme bliss. - ‘ On account of the excellence of his origin,’ i.e. because he
sprang from Brahman’s mouth. - The verse is not intended to exclude Kshatriyas and Vaisyas
from the right of studying the Manusawhita, but merely from
teaching it. - Samitavrata^, ‘ who faithfully fulfils the duties,’ is based on
Gov.’s full explanation etadarthavabodhena samitavrato vmsh/a-
yamaniyama^ san, with which Medh. closely agrees.
I, in. SUMMARY OF THE CONTENTS. 2 J
- In this (work) the sacred law has been fully-
stated as well as the good and bad qualities of
(human) actions and the immemorial rule of conduct,
(to be followed) by all the four castes (var/za). - The rule of conduct is transcendent law,
whether it be taught in the revealed texts or in the
sacred tradition ; hence a twice-born man who pos-
sesses regard for himself, should be always careful
to (follow) it. - A Brahma^a who departs from the rule of
conduct, does not reap the fruit of the Veda, but he
who duly follows it, will obtain the full reward.
no. The sages who saw that the sacred law is
thus grounded on the rule of conduct, have taken
good conduct to be the most excellent root of all
austerity.
in. The creation of the universe, the rule of
the sacraments, the ordinances of studentship, and
the respectful behaviour (towards Gurus), the most
excellent rule of bathing (on return from the teachers
house),
- ‘The good and bad qualities of (human) actions,’ i.e. ac-
cording to Medh., Gov., Kull, and Nand. ‘ the good and the bad
results of actions,’ or according to Ragh. and Nar. ‘ the prescribed
actions which are good and the forbidden ones which are bad/ - My translation of atmavan, ‘who possesses regard for him-
self,’ follows Medh. and Kull. Gov. explains it by ‘ of excellent
disposition,’ Nar. by ‘ endowed with firmness,’ and Ragh. by ‘ who
believes in a life after death/ - Vedaphalam, ‘ the fruit of the Veda/ i.e. ‘ the rewards for the
acts prescribed by the Veda’ (Medh., Gov., Kull., and Nar.).
no. Vas. VI, 1-8. ‘The rule of conduct or good conduct’
(a£ara), mentioned here and in the preceding verses, comprises the
numerous usages prescribed partly in the Veda and partly in the
Dharmarastras, such as anointing oneself with butter on the occasion
of particular sacrifices or sipping water on certain occasions.
28 LAWS OF MANU. I,
- (The law of) marriage and the description of
the (various) marriage-rites, the regulations for the
great sacrifices and the eternal rule of the funeral
sacrifices, - The description of the modes of (gaining)
subsistence and the duties of a Snataka, (the rules
regarding) lawful and forbidden food, the purification
of men and of things, - The laws concerning women, (the law) of
hermits, (the manner of gaining) final emancipation
and (of) renouncing the world, the whole duty of a
king and the manner of deciding lawsuits, - The rules for the examination of witnesses,
the laws concerning husband and wife, the law of
(inheritance and) division, (the law concerning)
gambling and the removal of (men nocuous like)
thorns,
1 1 6. (The law concerning) the behaviour of
VaLsyas and .Sudras, the origin of the mixed castes,
the law for all castes in times of distress and the
law of penances,
- The threefold course of transmigrations, the
result of (good or bad) actions, (the manner of at-
taining) supreme bliss and the examination of the
good and bad qualities of actions,
it 8. The primeval laws of countries, of castes
(^ati), of families, and the rules concerning heretics
and companies (of traders and the like) — (all that)
iManu has declared in these Institutes.
- As Manu, in reply to my questions, formerly
promulgated these Institutes, even so learn ye also
the (whole work) from me.
IT, 5- SOURCES OF THE LAW. 29
Chapter II.
1 . Learn that sacred law which is followed by men
learned (in the Veda) and assented to in their hearts
by the virtuous, who are ever exempt from hatred
and inordinate affection.
- To act solely from a desire for rewards is not
laudable, yet an exemption from that desire is not (to
be found) in this (world) : for on (that) desire is
grounded the study of the Veda and the performance
of the actions, prescribed by the Veda. - The desire (for rewards), indeed, has its root in
the conception that an act can yield them, and in con-
sequence of (that) conception sacrifices are performed;
vows and the laws prescribing restraints are all
stated to be kept through the idea that they will
bear fruit. - Not a single act here (below) appears ever to
be done by a man free from desire ; for whatever
(man) does, it is (the result of) the impulse of desire. - He who persists in discharging these (prescribed
duties) in the right manner, reaches the deathless
II. 2. Ap. I, 6, 20, 1-4. ‘ Is not laudable,’ because such a dispo-
sition leads not to final liberation, but to new births’ (Gov., Kull.).
- Nand. takes the beginning of the verse differently, ‘The desire
for rewards is the root of the resolve to perform an act ‘ (sawkalpa).
‘Vows,’ i.e. ‘acts to be performed during one’s whole lifetime, like
those of the Snataka’ (chap. IV), Medh., Gov., Nar.; ‘the vows of
a student,’ Nand.; ‘the laws prescribing restraints/ i.e. ‘the pro-
hibitive rules, e. g. those forbidding to injure living beings/ Medh.,
Gov., Nar.; ‘the rules affecting hermits and Sawnyasins/ Nand.
Kull. refers both terms to the rules in chap. IV. - ‘ In the right manner/ i.e. ‘ as they are prescribed in the Vedas
and without expecting rewards.’ ‘ The deathless state/ i. e. ‘ final
liberation.’
30 LAWS OF MANU. 11,6.
state and even in this (life) obtains (the fulfilment
of) all the desires that he may have conceived.
- 6. The whole Veda is the (first) source of the
sacred law, next the tradition and the virtuous con-
duct of those who know the (Veda further), also the
customs of holy men, and (finally) self-satisfaction.
- Whatever law has been ordained for any (per-
son) by Manu, that has been fully declared in the
Veda : for that (sage was) omniscient. - But a learned man after fully scrutinising all
this with the eye of knowledge, should, in accordance
\ j( with the authority of the revealed texts, be intent on
(the performance of) his duties.
- Ap. I, 1, 1, 1-3; Gaut. I, 1-4 ; XXVIII, 48; Vas. I, 4-6;
Baudh. I, 1, 1, 1-6 ; Yagn. I, 7.
^ila, ‘ virtuous conduct,’ i. e. ‘ the suppression of inordinate affec-
tion and hatred/ Medh., Gov. ; ‘ the thirteenfold jila, behaving as
becomes a Brahmaraa, devotedness to gods and parents, kindli-
ness/ &c, Kull. ; ‘ that towards which many men who know the
Veda naturally incline/ Nar. ; ‘ that which makes one honoured by
good men/ Nand. * Customs/ e. g. such as tying at marriages a
thread round the wrist of the bride (Medh., Gov.), wearing a blanket
or a garment of bark (Kull.). Though the commentators try to
find a difference between jila and aMra, it may be that both terms
are used here, because in some Dharma-sutras, e.g. Gaut. I, 2, the
former and in some the latter (e. g. Vas. I, 5) is mentioned. The
‘self-satisfaction/ i.e. of the virtuous (Medh., Gov., Nand.), is the
rule for cases not to be settled by any of the other authorities
(Nar., Nand.), or for cases where an option is permitted (Medh.,
Gov., Kull.).
- The last clause is taken differently by Gov., who explains it,
‘ for that (Veda) is made up, as it were, of all knowledge.’ Medh.
gives substantially the same explanation. - ‘All this/ i.e. ‘the .Sastras’ (Medh., Gov., Kull); ‘these Insti-
tutes of Manu’ (Nar.) ; ‘ these different authorities’ (Nand.). ‘ With
the eye of knowledge/ i.e. ‘with the help of grammar, of the
Mrmawsa, &c.’ (Medh., Kull.).
IT, 14. SOURCES OF THE LAW. 3 1
- For that man who obeys the law prescribed in
the revealed texts and in the sacred tradition, gains
fame in this (world) and after death unsurpassable
bliss. - But by .Sruti (revelation) is meant the Veda, 1
and by Smrz’ti (tradition) the Institutes of the sacred
law : those two must not be called into question in
any matter, since from those two the sacred law
shone forth. - Every twice-born man, who, relying on the
Institutes of dialectics, treats with contempt those
two sources (of the law), must be cast out by the vir-
tuous, as an atheist and a scorner of the Veda. - The Veda, the sacred tradition, the customs
of virtuous men, and one’s own pleasure, they
declare to be visibly the fourfold means of denning
the sacred law. - The knowledge of the sacred law is prescribed
for those who are not given to the acquisition of
wealth and to the gratification of their desires ; to
those who seek the knowledge of the sacred law the
supreme authority is the revelation (.Sruti). - But when two sacred texts (.Sruti) are con-
- ‘ Relying on the Institutes of dialectics,’ i.e. ‘ relying on the
atheistic institutes of reasoning, such as those of the Bauddhas and
Aarvakas’ (Medh.); ‘relying on methods of reasoning, directed
against the Veda’ (Kull., Nar.). - The first half of this verse agrees literally with Y&gri. I, 7.
- According to ‘another’ commentator, quoted by Medh., and
according to Gov., Kull., and Nar., the meaning of the first half is,
‘ the exhortation to learn the sacred law applies to those only who
do not pursue worldly objects, because those who obey (or learn,
Nar.) the sacred law merely in order to gain worldly advantages,
such as wealth, fame, &c, derive no spiritual advantage from it
(because they will not really obey it,’ Nar.). Medh., on the other
hand, thinks that vidhiyate, ‘ is prescribed,’ means • is found with.’
32 LAWS OF MANU. II, 15.
flicting, both are held to be law ; for both are pro-
nounced by the wise (to be) valid law.
- (Thus) the (Agnihotra) sacrifice maybe (op-
tionally) performed, at any time after the sun has
risen, before he has risen, or when neither sun nor
stars are visible ; that (is declared) by Vedic texts. - Know that he for whom (the performance of)
the ceremonies beginning with the rite of impregna-
tion (Garbhadhana) and ending with the funeral rite
(Antyesh^i) is prescribed, while sacred formulas are
being recited, is entitled (to study) these Institutes,
but no other man whatsoever. - That land, created by the gods, which lies
between the two divine rivers Sarasvati and Dn-
shadvati, the (sages) call Brahmavarta. - The custom handed down in regular succes-
sion (since time immemorial) among the (four chief)
castes (var/za) and the mixed (races) of that country,
is called the conduct of virtuous men. - The plain of the Kurus, the (country of the)
Matsyas, Pa/^alas, and 6urasenakas, these (form),
indeed, the country of the Brahmarshisj(Brahmanical
sages, which ranks) immediately after Brahmavarta. - The Agnihotra, here referred to, consists of two sets of
oblations, one of which is offered in the morning and the other in
the evening. The expression samayadhyushite, rendered in accord-
ance with Kull.’s gloss, ‘ when neither sun nor stars are visible/ is
explained by Medh. as ‘the time of dawn’ (ushasa/z kala^), or ‘as
the time when the night disappears,’ with which latter interpretation
Gov. agrees.
1 6. The persons meant are the males of the three Aryan varzzas.
The sacraments may be performed for women and -Sudras also,
but without the recitation of mantras (II, 66 ; X, 127).
- This tract comprises the Doab from the neighbourhood of
Delhi as far as Mathura, the capital of the ancient -Surasenakas.
I
II, 26. SOURCES OF THE LAW; SACRAMENTS. T>3
- From a Brahma^a, born in that country, let
all men on earth learn their several usages. - That (country) which (lies) between the Hi-
mavat and the Vindhya (mountains) to the east of
Prayaga and to the west of Vinasana (the place where
the river Sarasvati disappears) is called Madhyade^a
(the central region). - But (the tract) between those two mountains
(just mentioned), which (extends) as far as the eastern
and the western oceans, the wise call Aryavarta (the
country of the Aryans). - That land where the black antelope naturally
roams, one must know to be fit for the performance
of sacrifices ; (the tract) different from that (is) the
country of the_311e£4&as~ (barbarians) . - Let twice-born men seek to dwell in those
(above-mentioned countries) ; but a .Sudra, distressed
for subsistence, may reside anywhere. - Thus has the origin of the sacred law been
succinctly described to you and the origin of this
universe; learn (now) the duties of the castes (vama). - With holy rites, prescribed by the Veda, must
the ceremony on conception and other sacraments
be performed for twice-born men, which sanctify the
body and purify (from sin) in this (life) and after
death.
2i. The place where the river Sarasvati disappears lies in the
Hissar districts. Prayaga, i.e. Allahabad.
- Vas. I, 9; Baudh. I, 2, 10.
- Vas. I, 13-15 ; Baudh. I, 2, 12-15; Yagii. I, 2.
- Gov. explains dharma, ‘ the sacred law,’ by ‘ spiritual merit.’
26-35. Gaut. VIII, 14-20; Vi. XXVII, 1-12; Yagii. I, 10-13. - Medh. mentions another explanation for the first words,
‘ With holy rites, accompanied by the recitation of Vedic texts/ and
Gov. thinks that ‘vaidika’ is to be taken in both meanings.
[25] D
34
LAWS OF MANU.
II, 27,
- By burnt oblations during (the mother’s)
pregnancy, by the (Satakarman (the ceremony after
birth), the Aauafa (tonsure), and the Mau/^ibandhana
(the tying of the sacred girdle of Mu^a grass) is
the taint, derived from both parents, removed from
twice-born men. - By the study of the Veda, by vows, by burnt
oblations, by (the recitation of) sacred texts, by the
(acquisition of the) threefold sacred science, by
offering (to the gods, 7^’shis, and manes), by (the
procreation of) sons, by the great sacrifices, and
by (*Srauta) rites this (human) body is made fit
for (union with) Brahman. - Before the navel-string is cut, the Catakarman
(birth-rite) must be performed for a male (child) ;
and while sacred formulas are being recited, he must
be fed with gold, honey, and butter. - ‘The burnt oblations during the mother’s pregnancy’ are the
Putfzsavana, Simantonnayana, and so forth ; see Asv. Grzhya-sutra
\ 13-14-
- ‘By vows/ i.e. ‘the vows undertaken by the student when
he learns particular portions of the Vedas, such as the Savitrivrata’
(Medh., Gov., Nar.) ; ‘ voluntary restraints, such as the abstention
from honey, meat, &c.’ (Kull., Ragh.) ; ‘ vows such as the Pra^apatya
penance’ (Nand.). ‘ By burnt oblations/ i.e. ‘ the daily offerings of
fuel’ (II, 108). Traividyena, ‘by the acquisition of the threefold
sacred science/ i.e. ‘by learning the meaning of the three Vedas’
(Medh., Nand.) ; ‘ by undertaking the vow to study the three Vedas
during thirty-six years’ (III, 1; Gov., Kull., Nar., Ragh.). I^yaya,
‘ by offering to the gods, i?/shis, and manes/ i.e. by performing the
so-called Tarpa/za (Medh., Gov., Kull., Ragh.), or ‘by offering the
Pakaya^was ‘ (Nar., Nand.). Medh. takes brahmi,’ fit for union with
Brahman/ to mean ‘connected with Brahman,’ but gives our version,
which all the other commentators adopt, as the opinion of ‘others.’ - Asv. Grzriya-sfrtra I, 15, 1; Manava Grz’hya-sutra I, 17, 1;
Paraskara Grz’hya-sutra 1, 16, 4. Though the text clearly says that
the child is to be fed with gold, honey, and butter, it appears from
the Grzhya-sutras, as also some of the commentators point out,
II, S3- SACRAMENTS. 35
- But let (the father perform or) cause to be
performed the Namadheya (the rite of naming the
child), on the tenth or twelfth (day after birth), or
on a lucky lunar day, in a lucky muhurta, under an
auspicious constellation. - Let (the first part of) a Brahma/za’s name *
(denote something) auspicious, a Kshatriya’s be con-
nected with power, and a Vaisya’s with wealth, but
a 6udra’s (express something) contemptible. y
- (The second part of) a Brahma^a’s (name)
shall be (a word) implying happiness, of a Ksha-
triya’s (a word) implying protection, of a VaLsya’s
(a term) expressive of thriving, and of a .Sudra’s
(an expression) denoting service.
^^. The names of women should be easy to pro-
nounce, not imply anything dreadful, possess a plain
meaning, be pleasing and auspicious, end in long
vowels, and contain a word of benediction.
that the last two substances only are to be given to the child, after
they have been touched with a piece of gold, or a golden ring.
- Aw. Grz’hya-sutra I, 15, 4-10 ; Paraskara I, 17, 1-6. Nar.
and Nand. are in doubt whether the numerals ‘the tenth or twelfth’
refer to lunar or solar days, because they stand in the feminine
gender and either tithi or ratri may be supplied. Kull. gives an
alternative version of the date, ‘ after the tenth (the last day of im-
purity, i. e.) on the eleventh or twelfth/ which Medh. also mentions,
but rejects. Kull. considers that the third and fourth va, ‘or,’
which stand after muhurta and nakshatra, have the sense of ‘just,’
and do not introduce a third alternative.
31-32. K. omits 31b and 32 a. Nar. and Ragh. think that the
second part of a Brahmaraa’s name must contain the word carman
and no other, while the general opinion of the others is that it may
be carman or some synonym, implying ‘happiness or refuge.’
Medh. expressly rejects the former view, and gives as examples of
correct formations, Svamidatta, Bhavabhuti, Indrasvamin, Indra-
jrama, Indradatta.
- Medh. irreverently, but pertinently, remarks that there is no
D 2
36
LAWS OF MANU.
II, 34-
/
- In the fourth month the Nishkrama/za (the
first leaving of the house) of the child should be
performed, in the sixth month the Annapra^ana
(first feeding with rice), and optionally (any other)
auspicious ceremony required by (the custom of)
the family. - According to the teaching of the revealed
texts, the A”iWakarman (tonsure) must be performed,
for the sake of spiritual merit, by all twice-born men
in the first or third year. - In the eighth year after conception, one should
perform the initiation (upanayana) of a Brahma/za,
in the eleventh after conception (that) of a Kshatriya,
but in the twelfth that of a Vaiiya.
3J. (The initiation) of a Brahma;za who desires
proficiency in sacred learning should take place in
the fifth (year after conception), (that) of a Kshatriya
who wishes to become powerful in the sixth, (and
that) of a Vaisya who longs for (success in his)
business in the eighth.
- The (time for the) Savitri (initiation) of a
difference between ‘ auspiciousness’ (mahgala) and ‘benediction’
(anrvada), and that the latter word has been added merely in order
to complete the verse.
- A^v. Grz’hya-sutra I, 16 ; Paraskara I, 17, 5; 19, 1-6. The
last clause, which permits the adoption of particular family-customs,
refers, according to Medh.,Gov., and Kull., to all sacraments. - Ajv. Grz’hya-sutra I, 17, 1 ; Paraskara II, 1. Nar. and
Nand. explain dharmata^, ‘for the sake of spiritual merit,’ by
‘according to the law of the family’ (see Asv. Grz’hya-sutra,
loc. cit).
36-37. Ap.1, 1,5, 8-21; Gaut. 1,5-14; Vas. II, 3; XI, 49~73;
Baudh. I, 3, 7-12; Vi. XXVII, 15-28; Yagn. I, 14.
- As the commentators point out, the person who has the par-
ticular wish is not the boy, but his father.
38-40. Ap. I, 1, 22-2, 10; Gaut. XXI, 11; Vas. XI, 74-79;
IT, 42. SACRAMENTS; INITIATION. 37
Brahma/za does not pass until the completion of the
sixteenth year (after conception), of a Kshatriya
until the completion of the twenty-second, and of
a Vaisya until the completion of the twenty-fourth.
- After those (periods men of) these three
(castes) who have not received the sacrament at the
proper time, become Vratyas (outcasts), excluded
from the Savitri (initiation) and despised by the
Aryans. - With such men, if they have not been purified
according to the rule, let no Brahma^a ever, even
in times of distress, form a connexion either through
the Veda or by marriage. - Let students, according to the order (of their
castes), wear (as upper dresses) the skins of black
antelopes, spotted deer, and he-goats, and (lower
garments) made of hemp, flax or wool. - The girdle of a Brahma^a shall consist of a
triple cord of Munga, grass, smooth and soft ; (that)
of a Kshatriya, of a bowstring, made of Murva fibres ;
(that) of a Vaisya, of hempen threads.
Baudh. 1, 16, 16; Vi., loc. cit., and LIV, 26; Y$gn. I, 37-38. ‘ Some’
take the preposition a, ‘ until/ in the sense of ‘ until the beginning
of/ Kull.
- ‘ Connexion through the Veda/ i. e. teaching them or study-
ing under them, sacrificing for them, or electing them to be priests,
accepting religious gifts from them or giving them. Ragh. omits
verse 40. - Ap. I, 2, 39-3, 9; Gaut. I, 16, 21; Vas. XI, 61-67 ; Baudh.
I, 3, 14 ; Vi. XXVII, 19-20. Ragh. explains ruru, ‘ a spotted deer/
by ‘ a tiger/ - Ap.I, 2, 33-37; Gaut. 1. 15; Vas. XI, 58-60; Baudh. I, 3, 13;
Vi. XXVII, 18 ; Yagn. I, 29. Medh. and Gov. think that the girdle
of a Kshatriya is not to consist of three separate strings twisted
together, and Kull. apparently holds the same opinion. Ragh. and
Nar. say that every bowstring naturally consists of three strings.
38
LAWS OF MANU.
II, 43-
- If Mu»/a grass (and so forth) be not pro-
curable, (the girdles) may be made of Kara, Asman-
taka, and Balba^a (fibres), with a single threefold
knot, or with three or five (knots according to the
custom of the family). - The sacrificial string of a Brahma/za shall be
made of cotton, (shall be) twisted to the right, (and con-
sist) of three threads, that of a Kshatriya of hempen
threads, (and) that of a Vai^ya of woollen threads. - A Brahma;za shall (carry), according to the
sacred law, a staff of Bilva or Palasa ; a Kshatriya,
of Va/a or Khadira; (and) a VaL?ya, of Pilu or
Udumbara. - The staff of a Brahma/za shall be made of
such length as to reach the end of his hair ; that of
a Kshatriya, to reach his forehead ; (and) that of a
VaLsya, to reach (the tip of his) nose. - Let all the staves be straight, without a
blemish, handsome to look at, not likely to terrify
men, with their bark perfect, unhurt by fire. - Having taken a staff according to his choice,
having worshipped the sun and walked round the - ‘ With a single threefold knot’ seems to mean that each of
the strings of the girdle shall first be knotted, and the three knots
be afterwards tied together in one. Nar. and Ragh., however, take
trivrz’ta, ‘ threefold,’ separately, and refer it to the string. They thus
support Sir W. Jones’ translation, ‘ in triple strings, with one, &c.’ - Ap. II, 4, 22 ; Gaut. I, 36; Vas. XII, 14; Baudh. I, 5, 5;
Vi. XXVII, 19.
45-47. Ap. I, 2, 38; Gaut. I, 22; Vas. XI, 52-57; Baudh. I,
3, 15; Vi. XXVII, 22-24; YSgii. I, 29.
- Anudvegakara^, ‘not likely to terrify anybody’ (Medh., Gov.,
Kull.), means according to Nar. ‘not causing displeasure (to the
wearer) by faults such as roughness.’
48-57. Ap. I, 3, 25-4, 4; Gaut. II, 35-41; Vas. XI, 68-70;
Baudh. I, 3, 16-18; Vi. XXVII, 25; Ya^T. I, 30; 51-57. Ap. II,
IT, 54. INITIATION. 39
fire, turning his right hand towards it, (the student)
should beg alms according to the prescribed rule.
- An initiated Brahma^a should beg, beginning
(his request with the word) lady (bhavati) ; a Ksha-
triya, placing (the word) lady in the middle, but a
VaLrya, placing it at the end (of the formula). - Let him first beg food of his mother, or of his
sister, or of his own maternal aunt, or of (some other)
female who will not disgrace him (by a refusal). - Having collected as much food as is required
(from several persons), and having announced it
without guile to his teacher, let him eat, turning his
face towards the east, and having purified himself
by sipping water. - (His meal will procure) long life, if he eats
facing the east ; fame, if he turns to the south ;
prosperity, if he turns to the west ; truthfulness, if
he faces the east. - Let a twice-born man always eat his food
with concentrated mind, after performing an ablu-
tion ; and after he has eaten, let him duly cleanse
himself with water and sprinkle the cavities (of his
head). - Let him always worship his food, and eat it
without contempt ; when he sees it, let him rejoice,
r> 2-3; 3> Il’f Gaut. IX, 59; Vas. Ill, 69; XII, 18-20; Baudh..
II, 5, 18, 21-6, 2; 13, 12; Vi. LVIII, 34-35, 40-44J Ya^w. I, 27,
31, 112.
- Medh. and Nar. propose for n*tam, ‘truthfulness,’ an alter-
native explanation, ‘ the sacrifice/ - The word nityam, ‘ always/ indicates that this rule refers to
householders also (Gov., Kull., Nar., Nand.). - « Worship/ i.e. ‘ consider as a deity’ (Medh., Gov., Nand.), or
‘ meditate on its being required to sustain life’ (Medh., Gov., Kull.),
or ‘praise it with the verse/ Rig-veda 1, 187, 1 (Nar.).
4Q
LAWS OF MANU.
IT, 55-
show a pleased face, and pray that he may always
obtain it.
- Food, that is always worshipped, gives
strength and manly vigour ; but eaten irreverently,
it destroys them both. - Let him not give to any man what he leaves,
and beware of eating between (the two meal-times) ;
let him not over-eat himself, nor go anywhere with-
out having purified himself (after his meal). - Excessive eating is prejudicial to health, to
fame, and to (bliss in) heaven ; it prevents (the
acquisition of) spiritual merit, and is odious among
men ; one ought, for these reasons, to avoid it
carefully. - Let a Brahma/za always sip water out of the
part of the hand (tirtha) sacred to Brahman, or out
of that sacred to Ka (Pra^apati), or out of (that)
sacred to the gods, never out of that sacred to the
manes. - They call (the part) at the root of the thumb
the tirtha sacred to Brahman, that at the root of the
55- Ur^am, ‘manly vigour’ (Gov., Kull.), or ‘energy’ (Nar.,
Nand.), or ‘bulk’ (Medh.).
- Medh. reads nadyad etat tathantara, and gives, besides the
explanation adopted in the translation, two alternative interpretations:
(1) ‘let him not eat after interrupting his meal;’ (2) ‘let him not
eat taking away his left hand from the dish.’ Nand. reads nadyad
£aitat tathantara, ‘ and let him not eat such a (remnant) given to
him during (a meal by one of the company).’
58-62. Ap. I, 15, 1-16; Vas. Ill, 26-34; Baudh. I, 8, 12-23;
Vi. LXII, 1-9; Ya^l. I, 18-21.
- Though the text speaks of the Brahma/za only, the rule refers,
as the commentators remark, to other Aryans too. - Arigulimule, ‘at the root of the little finger’ (Kull., Nar.,
Ragh.), means according to Medh. and Nand. ‘ at the root of the
fingers.’
11,64. INITIATION. 41
(little) finger (the tirtha) sacred to Ka (Pra^apati),
(that) at the tips (of the fingers, the tirtha) sacred to
the gods, and that below (between the index and the
thumb, the tirtha) sacred to the manes.
- Let him first sip water thrice ; next twice wipe
his mouth ; and, lastly, touch with water the cavities
(of the head), (the seat of) the soul and the head. - He who knows the sacred law and seeks
purity shall always perform the rite of sipping
with water neither hot nor frothy, with the (pre-
scribed) tirtha, in a lonely place, and turning to
the east or to the north. - A Brahma;za is purified by water that reaches
his heart, a Kshatriya by water reaching his throat,
a VaLsya by water taken into his mouth, (and) a
.5udra by water touched with the extremity (of his
lips). - A twice-born man is called upavitin when his
right arm is raised (and the sacrificial string or the
dress, passed under it, rests on the left shoulder) ;
(when his) left (arm) is raised (and the string, or the
dress, passed under it, rests on the right shoulder, he
is called) pra^inavitin ; and nivitin when it hangs
down (straight) from the neck. - His girdle, the skin (which serves as his upper
garment), his staff, his sacrificial thread, (and) his
water-pot he must throw into water, when they
have been damaged, and take others, reciting
sacred formulas. - ‘ (The seat of) the soul,’ i. e/the heart ‘(all except Medh.,who
adds, or ‘ the navel ‘). - ‘ Neither hot,’ i. e. ‘ not boiled or heated on the fire ‘ (Medh.,
Gov., Kull., Nar., Nand.). - Baudh. I, 8, 5-10.
- Baudh. I, 6, 7; Vi. XXVII, 29.
42 LAWS OF MANU. II, 65.
- (The ceremony called) Keranta (clipping the
hair) is ordained for a Brahma^a in the sixteenth
year (from conception) ; for a Kshatriya, in the
twenty-second ; and for a Vai^ya, two (years) later
than that. - This whole series (of ceremonies) must be
performed for females (also), in order to sanctify
the body, at the proper time and in the proper
order, but without (the recitation of) sacred
texts.
6 J. The nuptial ceremony is stated to be the
Vedic sacrament for women (and to be equal to
the initiation), serving the husband (equivalent to)
the residence in (the house of the) teacher, and the
household duties (the same) as the (daily) worship
of the sacred fire.
- Thus has been described the rule for the
initiation of the twice-born, which indicates a (new)
birth, and sanctifies ; learn (now) to what duties they
must afterwards apply themselves. - Having performed the (rite of) initiation,
the teacher must first instruct the (pupil) in (the
rules of) personal purification, of conduct, of the
fire-worship, and of the twilight devotions. - Yagii. I, 36. This is the ceremony also called Godana; Asv.
Grz’hya-sutra I, 18; Paraskara II, 1, 3-7.
66-67. Asv. Gn’hya-sutra I, 16, 16; Vi. XXVII, 13-14; Y&gri.
I, 13. ‘ The Vedic sacrament,’ i.e. ‘the sacrament performed with
sacred texts ‘ (Nand., Ragh.), or ‘ having for its object the study
of Vedic texts’ (Medh., Nar.). Hence women must not be initiated.
As the parallel passage of Asv. shows, the sacraments preceding
the tonsure alone are to be given to them.
- ‘ Which indicates their (real) birth, because an uninitiated
man is equal to one unborn ‘ (Medh., Gov.).
69-73. Gaut. I, 46-56 ; Vi. XXX, 32 ; Yagn. I, 15, 27.
11,74- initiation; studentship. 43
- But (a student) who is about to begin the
study (of the Veda), shall receive instruction, after
he has sipped water in accordance with the Insti-
tutes (of the sacred law), has made the Brahma^fali,
(has put on) a clean dress, and has brought his organs
under due control. - At the beginning and at the end of (a lesson
in the) Veda he must always clasp both the feet of
his teacher, (and) he must study, joining his hands ;
that is called the Brahma^ali (joining the palms for
the sake of the Veda). - With crossed hands he must clasp (the feet)
of the teacher, and touch the left (foot) with his left
(hand), the right (foot) with his right (hand). - But to him who is about to begin studying,
the teacher, always unwearied, must say: Ho, recite !
He shall leave off (when the teacher says) : Let a
stoppage take place ! - Let him always pronounce the syllable Om
at the beginning and at the end of (a lesson in) the
Veda ; (for) unless the syllable Om precede (the
lesson) will slip away (from him), and unless it follow
it will fade away. - Laghuvasa^, ‘ (has put on) a clean dress ‘ (Medh., Kull.), or
c a dress which is not gorgeous’ (Gov., Nar., Nand.), i.e. less valuable
than the teacher’s (Ragh.).
71-72. Ap. I, 5, 19-23; Baudh. I, 3, 28; Vi. XXVIII, 14-16.
- Nar. and Nand. read adhyeshyamawas tu gurum, &c. ‘But
the pupil, desiring to study, shall say to his teacher, Venerable
Sir, recite! &c.,’ and this agrees with Gaut. I, 46. Nar. mentions also
the reading translated above, which the other commentators give. - Ap. 1, 1 3, 6-7 ; Gaut. 1, 57 ; Vi. XXX, 33. Vmryate, translated
according to Kull. by ‘ will fade away/ means according to Medh.
‘ will become useless for practical purposes;’ according to Gov. and
Nar. ‘ will not be properly understood during the lesson/ Medh.
adds that the two terms contain similes, taken from boiling milk,
44 LAWS OF MANU.
I
- Seated on (blades of Kusa grass) with their
points to the east, purified by Pavitras (blades of
Kusa grass), and sanctified by three suppressions of
the breath (Pra^ayama), he is worthy (to pronounce)
the syllable Om. - Pra^apati (the lord of creatures) milked out
(as it were) from the three Vedas the sounds A, U,
and M, and (the Vyahmis) BhM, Bhuva^, Sva^.
yy. Moreover from the three Vedas Pra^apati,
who dwells in the highest heaven (Paramesh^in),
milked out (as it were) that iv^’k-verse, sacred to
Savitrz (Savitri), which begins with the word tad,
one foot from each.
j8. A Brahma/za, learned in the Veda, who recites
during both twilights that syllable and that (verse),
preceded by the Vyahmis, gains the (whole) merit
which (the recitation of) the Vedas confers.
- A twice-born man who (daily) repeats those
three one thousand times outside (the village), will
be freed after a month even from great guilt, as a
snake from its slough. - The Brahma;za, the Kshatriya, and the Vaijya
who neglect (the recitation of) that 7^’k-verse and the
and that one speaks also of the vLraraTza, i.e. the spoiling of boiled
milk.
- Gaut. I, 48-50; Yagn. I, 23. ‘Purified by Pavitras,’ i.e.
‘ having touched the seat of the vital airs with blades of Kara grass’
(Medh., Gov., Nar.) ; see Gaut. I, 48. Medh. mentions another
explanation of Pavitra, adopted by Nand. also, according to which
it means ‘ purificatory texts.’ Regarding the term ‘ suppression of
the breath/ see Vas. XXV, 13; Vi. LV, 9. - Vi. LV, 10.
- Vi. LV, 1 1. The Savitn, i.e. the verse tat savitur varewyam,
, Rig-veda III, 62, 10. - Vi. LV, 12; Baudh. II, 11, 6.
- Vi. LV, 13; Baudh. IV, 1, 29; Vas. XXVI, 4.
- Vi. LV, 14.
TI, 85. STUDENTSHIP. 45
timely (performance of the) rites (prescribed for) them,
will be blamed among virtuous men.
- Know that the three imperishable Mahavya-
hrztis, preceded by the syllable Om, and (followed) by
the three-footed Savitri are the portal of the Veda
and the gate leading (to union with) Brahman. - He who daily recites that (verse), untired,
during three years, will enter (after death) the high-
est Brahman, move as free as air, and assume an
ethereal form. - The monosyllable (Om) is the highest Brah-
man, (three) suppressions of the breath are the best
(form of) austerity, but nothing surpasses the Savitri;
truthfulness is better than silence. - All rites ordained in the Veda, burnt oblations
and (other) sacrifices, pass away; but know that the
syllable (Om) is imperishable, and (it is) Brahman,
(and) the Lord of creatures (Pra^apati). - An offering, consisting of muttered prayers, is
ten times more efficacious than a sacrifice performed - Vi. LV, 15. Brahmawo mukham, literally, ‘ the mouth of
Brahman,’ is probably meant to convey the double sense given in
the translation. Both interpretations are given by Medh., Kull.,
and Ragh., while Gov., Nar., and Nand. explain it merely by ‘the
beginning or portal of the Veda;’ see also Ap. I, 13, 6. - Vi. LV, 16. 83. Vi. LV, 17.
- Vi. LVI, 18. ‘ Pass away/ i.e. ‘ as far as their results are con-
cerned ‘ (Medh., Gov., Kull., Nar.), ‘ as far as their form and their
results are concerned ‘ (Nand.). Sacrifices procure only the perish-
able bliss of heaven, while the constant recitation of the syllable Om
secures union with Brahman. According to Medh., Gov., Kull., and
Ragh., Brahman is here a neuter ; according to Nar. and Nand., a
masculine. The words ‘and (it is) Brahman (and) Pra^apati'(Medh.,
Gov., Nar., Ragh.) are taken by Kull. as ‘ since it is Brahman (and)
Pra^apati,’ by Nand. as ‘ just like Brahman, the Lord of creatures.’ - Vi. LVI, 19; Vas. XXVI, 9. The sacred texts meant are,
of course, Om, the Vyahrz’tis, and the Gayatri.
46
LAWS OF MANU.
II, 86.
according to the rules (of the Veda); a (prayer) which
is inaudible (to others) surpasses it a hundred times,
and the mental (recitation of sacred texts) a thousand
times.
- The four Pakaya^/zas and those sacrifices
which are enjoined by the rules (of the Veda) are
all together not equal in value to a sixteenth part
of the sacrifice consisting of muttered prayers.
8 j. But, undoubtedly, a Brahma^a reaches the
highest goal by muttering prayers only; (whether)
he perform other (rites) or neglect them, he who
befriends (all creatures) is declared (to be) a (true)
Brahma/za.
- A wise man should strive to restrain his organs
which run wild among alluring sensual objects, like
a charioteer his horses. - Those eleven organs which former sages have
named, I will properly (and) precisely enumerate in
due order, - (Viz.) the ear, the skin, the eyes, the tongue,
and the nose as the fifth, the anus, the organ of gene-
ration, hands and feet, and the (organ of) speech,
named as the tenth. - Vi. LVI, 20; Vas. XXVI, 10. ‘The Pakaya^as,’ i.e. ‘the
so-called great sacrifices to gods, manes, goblins, and men (III, 70)
excluding the Brahmaya^na’ (Medh., Kull., Nar., Nand.). Gov. and
Ragh. understand the term as indicating ‘ all Smarta and -Srauta
rites;’ see also Jolly on Vishmi, loc. cit. - Vi. LVI, 2 1 ; Vas. XXVI, 1 1 . Maitra^, ‘ one who befriends
(all creatures),’ i. e. ‘ does not offer animal sacrifices/ Ragh. proposes
also the interpretation ‘ he who worships Mitra, the Sun/ Brah-
ma«a^, ‘a (true) Brahmawa/ i.e. ‘one connected with Brahman,’
‘one who will be absorbed in Brahman’ (Kull.), ‘the best of
Brahmawas ‘ (brahmish/^a/^, Ragh.). Medh. and Gov. take the last
clause differently, ‘ it is declared (in the Veda that) a Brahma«a
(shall be) a friend (of all creatures)/
IT, 97. STUDENTSHIP. 47
- Five of them, the ear and the rest according
to their order, they call organs of sense, and five of
them, the anus and the rest, organs of action. - Know that the internal organ (manas) is the
eleventh, which by its quality belongs to both (sets) ;
when that has been subdued, both those sets of five
have been conquered. - Through the attachment of his organs (to
sensual pleasure) a man doubtlessly will incur guilt ;
but if he keep them under complete control, he will
obtain success (in gaining all his aims). - Desire is never extinguished by the enjoyment
of desired objects ; it only grows stronger like a fire
(fed) with clarified butter. - If one man should obtain all those (sensual
enjoyments) and another should renounce them all,
the renunciation of all pleasure is far better than the
attainment of them. - Those (organs) which are strongly attached to
sensual pleasures, cannot so effectually be restrained
by abstinence (from enjoyments) as by a constant
(pursuit of true) knowledge. - Neither (the study of) the Vedas, nor libera-
- ‘ By its quality,’ i.e. by the quality called sa#zkalpa, the power
of determining or shaping the impressions of the senses. - Dosham, ‘ guilt ‘ (NaT.), is taken by Medh., Gov., and Kull. in
the sense of d/Ysh/adrzsh/aw dosham, ‘ misery and guilt ; ‘ by Ragh.
as sawsarakhyam, ‘ the misery of repeated births.’ ‘ Success (in
gaining all his aims),’ i.e. ‘the rewards of all good works and rites’
(Medh.), or « final liberation ‘ (Nar., Ragh.), or ‘ all the aims of
men, final liberation and the rest’ (Gov., Kull.). - Asevaya, ‘by abstinence from enjoyments’ (Gov., Nar.,
Nand.), means according to Medh. and Kull. ‘ by avoiding places
where enjoyments are to be obtained/ i.e. ‘by dwelling in the
forest’ (Medh.).
48 LAWS OF MANU. II, 98.
lity, nor sacrifices, nor any (self-imposed) restraint,
nor austerities, ever procure the attainment (of re-
wards) to a man whose heart is contaminated (by
sensuality).
- That man may be considered to have (really)
subdued his organs, who on hearing and touching
and seeing, on tasting and smelling (anything) nei-
ther rejoices nor repines. - But when one among all the organs slips away
(from control), thereby (man’s) wisdom slips away
from him, even as the water (flows) through the one
(open) foot of a (water-carrier’s) skin. - If he keeps all the (ten) organs as well as
the mind in subjection, he may gain all his aims,
without reducing his body by (the practice) of Yoga.
10 1. Let him stand during the morning twilight,
muttering the Savitri until the sun appears, but (let
him recite it), seated, in the evening until the constel-
lations can be seen distinctly.
- He who stands during the morning twilight
muttering (the Savitri), removes the guilt contracted
during the (previous) night ; but he who (recites it), - ‘Wisdom,’ i.e. ‘power of control over the senses’ (Medh.,
Gov., Ragh.), or ‘knowledge of the truth’ (Kull.). I read with
Medh., Gov., Nar., Nand., Ragh., K., and the Bombay edition
padat, instead of patrat. The explanation of the simile has
been given correctly by Haughton in his note on Sir W. Jones’
translation.
1 00. Nar. and Nand. take yogata^, ‘ by the practice of Yoga,’
with the chief clause, and Medh. mentions this construction too.
- Ap. I, 30, 8; Gaut. II, 10-11 ; Vas. VII, 16; Baudh. II, 7,
Vi. XXVIII, 2-3; Yzgii. I, 24-25. - Vas. XXVI, 2-3; Baudh. II, 7, 18, 20. Medh. and Gov.
point out that only trifling faults can be expiated in this manner,
otherwise the chapter on penances would be useless.
IT, 107. STUDENTSHIP. 49
seated, in the evening, destroys the sin he committed
during the day.
- But he who does not (worship) standing in
the morning, nor sitting in the evening, shall be
excluded, just like a .5udra, from all the duties and
rights of an Aryan. - He who (desires to) perform the ceremony
(of the) daily (recitation), may even recite the Savitri
near water, retiring into the forest, controlling his
organs and concentrating his mind. - Both when (one studies) the supplementary
treatises of the Veda, and when (one recites) the daily
portion of the Veda, no regard need be paid to for-
bidden days, likewise when (one repeats) the sacred
texts required for a burnt oblation. - There are no forbidden days for the daily
recitation, since that is declared to be a Brahma-
sattra (an everlasting sacrifice offered to Brahman) ;
at that the Veda takes the place of the burnt
oblations, and it is meritorious (even), when (natural
phenomena, requiring) a cessation of the Veda-study,
take the place of the exclamation Vasha£ - For him who, being pure and controlling his
organs, during a year daily recites the Veda according
to the rule, that (daily recitation) will ever cause sweet
and sour milk, clarified butter and honey to flow. - Baudh. II, 17, 15.
- Baudh. II, 1 1, 6. ‘ Even,’ i.e. ‘ if he is unable to recite other
Vedic texts.’
105-106. Ap. I, 12, 1-9 ; Vas. XIII, 7. The last clause of verse
106 finds its explanation by the passage from the »Satapatha-brah-
ma«a, quoted by Ap. 1, 12, 3. Anadhyaya/z (‘ not studying ‘) means
- a cause for the interruption of the study, such as thunder or a
violent wind, which takes the place of the exclamation Vasha/.’
- Vi. XXX, 34-38; Yagii. I, 41-46. Nar. and Nand.
explain the four terms ‘ sweet and sour milk, clarified butter and
[25] E
5o
LAWS OF MANU.
II, ro8.
1 08. Let an Aryan who has been initiated, (daily)
offer fuel in the sacred fire, beg food, sleep on the
ground and do what is beneficial to his teacher, until
(he performs the ceremony of) Samavartana (on re-
turning home).
- According to the sacred law the (following)
ten (persons, viz.) the teacher’s son, one who desires
to do service, one who imparts knowledge, one who
is intent on fulfilling the law, one who is pure, a per-
son connected by marriage or friendship, one who
possesses (mental) ability, one who makes presents
of money, one who is honest, and a relative, may be
instructed (in the Veda).
no. Unless one be asked, one must not explain
(anything) to anybody, nor (must one answer) a per-
son who asks improperly; let a wise man, though
he knows (the answer), behave among men as (if he
were) an idiot.
in. Of the two persons, him who illegally explains
(anything), and him who illegally asks (a question),
one (or both) will die or incur (the other’s) enmity.
honey/ as symbolical of the four objects of human existence, merit,
wealth, pleasure, and liberation. Medh. quotes this interpretation as
the opinion of ‘ others.’
- Ap. I, 4, 16, 23, 25, 28, 32; Gaut. II, 8, 30, 35; Vas.VII,
9, 15 ; Vi. XXVIII, 4, 7, 9, 12 ; Baudh. I, 3, 16, 4, 4-8; Ya^ft. I, - Regarding the Samavartana, see below, III, 3-4.
- Y&gri. I, 28. Dharmata^, ‘according to the sacred law’
(Kull., Nand.), means according to Medh., Gov., and Nar. ‘for the
sake of spiritual merit.’
no. Ap. I, 32, 22-24; Vas- II, 12; Baudh. I, 4, 2; Vi. XXIX, 7.
Ga.da./i} ‘ an idiot,’ means according to Medh. and Kull. ‘ dumb.’
in. Vi. XXIX, 7. The person who will die is in either case
the offender. If both offend, both will die. Vidveshazw vadhi-
gakkkzti, ‘will incur (the other’s) enmity,’ means according to
Medh. and Gov. ‘will incur odium among men;’ according to
Ragh. ‘ will lose the reward.’
II, 1 19. STUDENTSHIP. 5 1
- Where merit and wealth are not (obtained
by teaching) nor (at least) due obedience, in such
(soil) sacred knowledge must not be sown, just as
good seed (must) not (be thrown) on barren land.
1 1 3. Even in times of dire distress a teacher of
the Veda should rather die with his knowledge than
sow it in barren soil.
- Sacred Learning approached a Brahma/za and
said to him : ‘ I am thy treasure, preserve me, deliver
me not to a scorner ; so (preserved) I shall become
supremely strong.’ - ‘But deliver me, as to the keeper of thy
treasure, to a Brahma^a whom thou shalt know to
be pure, of subdued senses, chaste and attentive.’ - But he who acquires without permission the
Veda from one who recites it, incurs the guilt of
stealing the Veda, and shall sink into hell. - (A student) shall first reverentially salute
that (teacher) from whom he receives (knowledge),
referring to worldly affairs, to the Veda, or to the
Brahman. - A Brahma^a who completely governs him-
self, though he know the Savitri only, is better than
he who knows the three Vedas, (but) does not con-
trol himself, eats all (sorts of) food, and sells all
(sorts of goods). - One must not sit down on a couch or seat
- Baudh. I, 4, 1 ; Vi. XXIX, 8.
- This verse shows, as Medh. and Gov. point out, that under
ordinary circumstances a learned man must teach what he knows.
114-115. Vas. II, 8-10; Vi. XXIX, 9-10; Nirukta II, 4.
- Vi. XXX, 41-42.
- Ap. I, 14, 7-9;Gaut.VI,i-3, 5; Vas. XIII, 41-43; Baudh. I,
3, 25-28 ; Vi. XXXII, 1-4. This rule refers to any casual meeting. - Ap. I, 8, 11, 14, 17 ; Gaut. II, 21, 25.
E 2
52 LAWS OF MANU. II, 12
which a superior occupies ; and he who occupies a
couch or seat shall rise to meet a (superior), and
(afterwards) salute him.
- For the vital airs of a young man mount
upwards to leave his body when an elder ap-
proaches ; but by rising to meet him and saluting
he recovers them. - He who habitually salutes and constantly
pays reverence to the aged obtains an increase of
four (things), (viz.) length of life, knowledge, fame,
(and) strength. - After the (word of) salutation, a Brahma^a
who greets an elder must pronounce his name, say-
ing, ■ I am N. N.’ - To those (persons) who, when a name is
pronounced, do not understand (the meaning of) the
salutation, a wise man should say, ‘ It is I ;’ and (he
should address) in the same manner all women. - In saluting he should pronounce after his
name the word bho/£; for the sages have declared
that the nature of bho/£ is the same as that of (all
proper) names. - A Brahma/za should thus be saluted in re-
turn, ‘ May’st thou be long-lived, O gentle one ! ‘ - Ap. I, 5, 15 ; Baudh. I, 3, 26. Instead of vidy& or pra^wa,
‘ knowledge,’ Medh. reads dharma/$, ‘ spiritual merit,’ and the same
reading is given sec. man. in the text of Gov. - Ap. I, 5, 12 ; Gaut. VI, 5 ; Vas. XIII, 45 ; Baudh. I, 3, 27 ;
Vi. XXVIII, 17 ; YagTi. I, 26. ‘After the word of salutation,’ i. e.
after the word abhiv&daye, ‘ I salute’ (Gov., Kull., Nar., Nand.). - Vas. XIII, 46. I.e. to those who either are unacquainted
with grammar or with the Dharnmastra (Medh.). Nand. places
this verse after verse 126. - Vi. XXVIII, 17.
- Ap. I, 5, 18; Vas. XIII, 46. The translation of the second
half of the verse is based on the reading ‘ purvaksharapluta^,’ which
=
II, 128. STUDENTSHIP. 53
and the vowel ‘ a ‘ must be added at the end of
the name (of the person addressed), the syllable
preceding it being drawn out to the length of three
moras.
- A Brahma/za who does not know the form
of returning a salutation, must not be saluted by a
learned man ; as a 6udra, even so is he. - Let him ask a Brahma^a, on meeting him,
after (his health, with the word) kui-ala, a Kshatriya
(with the word) anamaya, a Vai^ya (with the word)
kshema, and a .Sudra (with the word) anarogya. - He who has been initiated (to perform a
6rauta sacrifice) must not be addressed by his name,
even though he be a younger man ; he who knows
Nand. gives, and Nar. mentions as adopted by ‘ some.’ It follows
the interpretation of these two commentators which agrees in sub-
stance with the rule of Vasish//$a. The meaning is that Devadatta
is to be pronounced ‘ Devadatta3a,’ Harabhute, ‘ Harabhuta3ya,’ &c.
Medh. and Kull. take the passage as follows : ‘ and the vowel
(i.e.) “a” (and so forth) at the end of the name, (or in case the
word ends in a consonant) that of the preceding syllable, must be
drawn out the length of the three moras.’ According to this in-
terpretation, which requires the reading ‘ purvakshara^ plutaA,’
Manu’s rule agrees with Ap. and Pamni VIII, 2, 83. The obvious
objection is that Medh. and Kull. are forced to take akara, ‘the
vowel a,’ in the sense of ‘ a vowel such as a,’ and to understand
with purvakshara^ the word svara^, which does not occur in the
verse. Gov. and Ragh. go far off the mark. Most commentators
think that the word vipra^, ‘ a Brahmaraa,’ is meant to include other
Aryans also; but see Ap. I, 14, 23.
- It follows from this verse that .Sudras must never be greeted
in the manner prescribed in the preceding rule. - Ap. I, 24, 26-29. The rule refers to friends or relatives
meeting, not to every one who returns a salute (Gov.). - Gaut. VI, 19. The rule refers to the time between the
performance of the Dikshawiyesh/i or initiatory ceremony and the
final bath on completion of the sacrifice (Medh., Kull.). Besides
bhoh and bhavat, the titles dikshita or ya^amana are to be used.
54 LAWS OF MANU. II, 12
the sacred law must use in speaking to such (a man
the particle) bho/£ and (the pronoun) bhavat (your
worship).
- But to a female who is the wife of another
man, and not a blood-relation, he must say, ‘ Lady’
(bhavati) or ‘ Beloved sister ! ‘
1 30. To his maternal and paternal uncles, fathers-
in-law, officiating priests, (and other) venerable per-
sons, he must say, ‘ I am N. N.,’ and rise (to meet
them), even though they be younger (than himself).
- A maternal aunt, the wife of a maternal
uncle, a mother-in-law, and a paternal aunt must be
honoured like the wife of one’s teacher; they are
equal to the wife of one’s teacher. - (The feet of the) wife of one’s brother, if she
be of the same caste (var/za), must be clasped every
day; but (the feet of) wives of (other) paternal and
maternal relatives need only be embraced on one’s
return from a journey. - Towards a sister of one’s father and of one’s
mother, and towards one’s own elder sister, one must
behave as towards one’s mother ; (but) the mother is
more venerable than they. - Fellow-citizens are called friends (and equals
though one be) ten years (older than the other), men - yi. xxxii, 7.
- Ap. I, 14, 11 ; Gaut. VI, 9; Vas. XIII, 41 ; Baudh. I, 4,
45 ; Vi. XXXII, 4. Gurun, ‘ (other) venerable persons, i. e. those
venerable on account of their learning and austerities’ (Kull., Ragh.),
or ‘ his betters, because they are richer and so forth, e. g. the son of
a sister ‘ (Medh.), or ■ the husband of a maternal aunt and so forth,
but not those more learned than himself (Gov.), or ‘ the teacher
and the rest ‘ (Nand.), or the ‘ sub-teachers ‘ (upadhyaya, Nar.).
131-132. Gaut. VI, 9; Ap. I, 14; Vi. XXXII, 2-3.
- Ap. I, 14, 13; Gaut. VI, 14-17. Those who are ‘friends’
II, 139- STUDENTSHIP. 55
practising (the same) fine art (though one be) five
years (older than the other), 6rotriyas (though)
three years (intervene between their ages), but
blood -relations only (if the) difference of age be
very small.
- Know that a Brahma^a of ten years and
Kshatriya of a hundred years stand to each other
in the relation of father and son ; but between those
two the Brahma^a is the father. - Wealth, kindred, age, (the due performance
of) rites, and, fifthly, sacred learning are titles to
respect ; but each later- named (cause) is more
weighty (than the preceding ones). - Whatever man of the three (highest) castes
possesses most of those five, both in number and
degree, that man is worthy of honour among them ;
and (so is) also a 6udra who has entered the tenth
(decade of his life). - Way must be made for a man in a carriage,
for one who is above ninety years old, for one dis-
eased, for the carrier of a burden, for a woman, for
a Snataka, for the king, and for a bridegroom. - Among all those, if they meet (at one time),
a Snataka and the king must be (most) honoured ;
and equals may address each other with the words bho^, bhavat,
or vayasya, ‘ friend.’ The explanation of the verse, which is sub-
stantially the same ” in all the commentaries, is based on Gaut/s
passage, while Haradatta’s interpretation of Ap. somewhat differs.
- Ap. I, 14, 25; Vi. XXXII, 17.
- Gaut. VI, 20; Vas. XIII, 56-57; Vi. XXXII, 16; Y&g%.
I, 116. - Gaut. VI, 10; Yagii. I, 116.
138-139. Ap. II, 11, 5-7; Gaut. VI, 24-25; Vas. XIII, 58-60;
Baudh. II, 6, 30; Vi. LXIII, 51 ; Yag-w. I, 117. For the explana-
tion of the term Snataka, see below, IV, 31.
56 LAWS OF MANU. II, 14c
and if the king and a Snataka (meet), the latter
receives respect from the king.
- They call that Br&hma^a who initiates a
pupil and teaches him the Veda together with the
Kalpa and the Rahasyas, the teacher (a^arya, of the
latter). - But he who for his livelihood teaches a
portion only of the Veda, or also the Ahgas of
the Veda, is called the sub-teacher (upadhyaya). - That Brahma^a, who performs in accord-
ance with the rules (of the Veda) the rites, the
Garbhadhana (conception -rite), and so forth, and
gives food (to the child), is called the Guru (the
venerable one). - He who, being (duly) chosen (for the pur-
pose), performs the Agnyadheya, the Pakaya^as,
(and) the (6rauta) sacrifices, such as the Agnish-
/oma (for another man), is called (his) officiating
priest. - That (man) who truthfully fills both his ears
with the Veda, (the pupil) shall consider as his
father and mother; he must never offend him. - The teacher (a^arya) is ten times more
1 40-1 4 1. Ap. 1, 1,13; Gaut. I, 9-10; Vas. Ill, 21-23; Vi. XXIX,
1-2 ; Y&gri. I, 34-35. Kalpa, i. e. the Sutras referring to sacrifices.
Rahasyas, lit. ‘the secret portions/ i.e. the Upanishads and their
explanation (Medh., Gov., Kull., Nand., Ragh.), or ‘ the extremely
secret explanation of the Veda and Ahgas, not the Upanishads,
because they are included in the term Veda ‘ (Nar).
- Yagii. I, 34. The person meant is the natural father.
- Vi.XXIX, 3;Ya^.I, 35.
- Ap. I, 1, 14; Vas. II, 10; Vi. XXX, 47. < Truthfully/ i.e.
in such a manner that there is no mistake in the pronunciation
or in the text of the Veda. - Vas. XIII, 48 ; Y&gri. I, 35. The commentators try to
reconcile the meaning of this verse and the next following one by
I
II,150. STUDENTSHIP. 57
venerable than a sub-teacher (upadhyaya), the father
a hundred times more than the teacher, but the
mother a thousand times more than the father.
- Of him who gives natural birth and him who
gives (the knowledge of) the Veda, the giver of the
Veda is the more venerable father ; for the birth
for the sake of the Veda (ensures) eternal (rewards)
both in this (life) and after death. - Let him consider that (he received) a (mere
animal) existence, when his parents begat him
through mutual affection, and when he was born
from the womb (of his mother). - But that birth which a teacher acquainted
with the whole Veda, in accordance with the law,
procures for him through the Savitri, is real, exempt
from age and death. - (The pupil) must know that that man also
who benefits him by (instruction in) the Veda, be
it little or much, is called in these (Institutes) his
Guru, in consequence of that benefit (conferred by
instruction in) the Veda.
1 50. That Brahma/za who is the giver of the birth
assuming, either that the term a/fcarya refers in this case to one
who merely performs the rite of initiation and teaches the Gayatri
only (Medh., Kull.), or that the word * father ‘ denotes a father who
initiates his own child and teaches it the Veda (Gov., Nar.). But
it is more probable that two conflicting opinions*arfe here placed
side by side, because both are based on an ancient tradition ; see
Gaut. II, 50-51.
146-148. Ap. I, 1, 15-17; Gaut. I, 8 ; Vas. II, 3-5; Vi. XXX,
44-45. Nar. and Nand. read utpadakabrahmapitro^, ‘of the
two fathers, i. e. him who procreates the body and him who (gives
the birth) for the Veda/
- Iha, lit. ‘here/ i.e. in these Institutes (Kull.), or ‘in the
chapter on saluting’ (Gov.). But it may also mean ‘in this
world/
58 LAWS OF MANU. TT, igl,
for the sake of the Veda and the teacher of the
prescribed duties becomes by law the father of an
aged man, even though he himself be a child.
- Young Kavi, the son of Ahgiras, taught
his (relatives who were old enough to be) fathers,
and, as he excelled them in (sacred) knowledge, he
called them ‘ Little sons/ - They, moved with resentment, asked the
gods concerning that matter, and the gods, having
assembled, answered, ‘ The child has addressed you
properly.’ - ‘For (a man) destitute of (sacred) know-
ledge is indeed a child, and he who teaches him
the Veda is his father ; for (the sages) have always
said ” child “to an ignorant man, and ” father” to a
teacher of the Veda.’ - Neither through years, nor through white
(hairs), nor through wealth, nor through (powerful)
kinsmen (comes greatness). The sages have made
this law, ‘ He who has learnt the Veda together with
the Angas (AnMana) is (considered) great by us.’ - The seniority of Brahma^as is from (sacred)
knowledge, that of Kshatriyas from valour, that of
Vaisyas from wealth in grain (and other goods), but
that of ^udras alone from age. - Baudh. I, 3, 42. Sisu, * young/ seems to be a name or nick-
name in Baudh/s passage. Parigrzhya, ‘as he excelled them’ (Nand.),
means according to Medh., Gov., Kull., Nar., and Mgh. ‘as on
account of his learning he had received them (as his) pupils/
Pitrzh, lit. ‘fathers/ means according to Nar. ‘the manes, i.e. the
Agnishvattas and the rest.’ - Anu£ana/$, ‘who has learnt the Veda and the Ahgas’
(Kull., Nar., Nand., Ragh.), means according to Medh. and Gov.
‘ who teaches the Veda and the Angas/ - Vi. XXXII, 18.
11
STUDENTSHIP. 59
- A man is not therefore (considered) venerable
because his head is gray ; him who, though young,
has learned the Veda, the gods consider to be
venerable. - As an elephant made of wood, as an antelope
made of leather, such is an unlearned Brahma^a ;
those three have nothing but the names (of their
kind). - As a eunuch is unproductive with women, as
a cow with a cow is unprolific, and as a gift made
to an ignorant man yields no reward, even so is a
Brahma/za useless, who (does) not (know) the Rik&s. - Created beings must be instructed in (what
concerns) their welfare without giving them pain, and
sweet and gentle speech must be used by (a teacher)
who desires (to abide by) the sacred law. - He, forsooth, whose speech and thoughts are
pure and ever perfectly guarded, gains the whole
reward which is conferred by the Vedanta. - Let him not, even though in pain, (speak
words) cutting (others) to the quick; let him not
injure others in thought or deed ; let him not utter
speeches which make (others) afraid of him, since
that will prevent him from gaining heaven. - Nar. and Nand. read sthaviro bhavati, K. sthaviro gneyo
for vrz’ddho, ‘ venerable.’ - Vas. Ill, 11 ; Baudh. I, 1, 10.
- 7?z/£as, i.e. the Veda (Gov., Nar.).
- Ap. I, 8, 25-30; Gaut. II, 42. This and the following
verses refer in the first instance to the behaviour of the teacher
towards his pupils; see also below, VIII, 299-300. - The Vedanta are the Upanishads, and the reward meant
is ‘final liberation’ (Gov., Kull., Nar., Nand., Ragh.). Medh.,
however, prefers to take Vedanta in the sense of ‘ the maxims or
teaching of the Veda/ and thinks that the reward includes all
rewards for Vedic rites.
60 LAWS OF MANU. II,
.
- A Brahma^a should always fear homage as
if it were poison ; and constantly desire (to suffer)
scorn as (he would long for) nectar. - For he who is scorned (nevertheless may)
sleep with an easy mind, awake with an easy mind,
and with an easy mind walk here among men ; but
the scorner utterly perishes. - A twice-born man who has been sanctified
by the (employment of) the means, (described above)
in due order, shall gradually and cumulatively per-
form the various austerities prescribed for (those
who) study the Veda. - An Aryan must study the whole Veda to-
gether with the Rahasyas, performing at the same
time various kinds of austerities and the vows pre-
scribed by the rules (of the Veda). - Let a Brahma^a who desires to perform
austerities, constantly repeat the Veda ; for the study - This verse contains an advice to the pupil who must go
begging (Medh.). - ‘The means (described above)/ i.e. ‘the various sacra-
ments.’ Vedadhigamikaw tapa^, ‘the (various) austerities (pre-
scribed) for (those who study) the Veda/ means according to Nar.
and Nand. ‘ the austerities, consisting in the study of the Veda ; ‘
see also Ap. I, 12, 1-2. - ‘ The whole Veda/ i. e. ‘ the Veda with the Angas’ (Medh.,
‘ others/ Nar.), or ‘ one entire -Sakha consisting of the Mantras and
the Brahmawa ‘ (Medh., Gov., Kull.). ‘ Rahasyas/ i. e. ‘ the Upa-
nishads’ (Medh., Gov., Kull., Nand.), or ‘the secret explanation of
the Veda’ (Nar.). ‘Various kinds of austerities/ i.e. ‘fasting,
Krikkkras, &c.’ (Medh., Nar., Nand.), or ‘the restrictive rules
applicable to students ‘ (Medh., ‘ others/ Gov., Kull.), or ‘ particular
observances, such as feeding a horse while one reads the A^vamedha
texts ‘ (Ragh.). ‘ The vows/ i. e. the Mahanamnivrata, &c. ; see
•Sahkhayana Grz’hya-sutra II, 11-13. - Ap. I, 12, 1-2 ; Yagn. I, 40.
II, 172. STUDENTSHIP. 6 1
of the Veda is declared (to be) in this world the
highest austerity for a Brahma/za.
- Verily, that twice-born man performs the
highest austerity up to the extremities of his nails,
who, though wearing a garland, daily recites the
Veda in private to the utmost of his ability. - A twice-born man who, not having studied
the Veda, applies himself to other (and worldly
study), soon falls, even while living, to the condition
of a .Sudra and his descendants (after him). - According to the injunction of the revealed
texts the first birth of an Aryan is from (his natural)
mother, the second (happens) on the tying of the
girdle of Mui^a grass, and the third on the initiation
to (the performance of) a (.Srauta) sacrifice.
1 70. Among those (three) the birth which is sym-
bolised by the investiture with the girdle of Mu^a
grass, is his birth for the sake of the Veda ; they
declare that in that (birth) the Savitrl (verse) is his
mother and the teacher his father.
- They call the teacher (the pupil’s) father
because he gives the Veda ; for nobody can perform
a (sacred) rite before the investiture with the girdle
of Mu^a grass. - (He who has not been initiated) should not
pronounce (any) Vedic text excepting (those required
for) the performance of funeral rites, since he is on a
level with a .Sudra before his birth from the Veda. - -Satapatha-brahmawa XI, 5, 7, 4.
- Vas. Ill, 2; Vi. XXVIII, 36.
169-170. Vi. XXVIII, 37-38; Vas. II, 3; YSgn. I, 39 J
Aitareya-brahmawa I, 1; Max Muller, Hist. Anc. Sansk. Lit.,
p. 390 seq.
1 71-17 2. Ap. II, 15, 19 ; Gaut. 1, 10; II, 4-5; Vas. II, 4, 6-7 ;
Baudh. I, 3, 6; Vi. XXVIII, 40.
62 LAWS OF MANU. II, 173.
- The (student) who has been initiated must
be instructed in the performance of the vows, and
gradually learn the Veda, observing the prescribed
rules.
1 74. Whatever dress of skin, sacred thread, girdle,
staff, and lower garment are prescribed for a (student
at the initiation), the like (must again be used) at the
(performance of the) vows.
- But a student who resides with his teacher
must observe the following restrictive rules, duly
controlling all his organs, in order to increase his
spiritual merit.
1 j6. Every day, having bathed, and being purified,
he must offer libations of water to the gods, sages
and manes, worship (the images of) the gods, and
place fuel on (the sacred fire).
- Let him abstain from honey, meat, perfumes,
garlands, substances (used for) flavouring (food),
women, all substances turned acid, and from doing
injury to living creatures, - From anointing (his body), applying colly-
173-174. Vi. XXVII, 28. ‘The vows,’ i.e. ‘the observances and
the restrictive rules, such as offering fuel, the prohibition of
sleeping in the day-time* (Kull., Nar.), or ‘the Veda-vows, the
Godana, &c.’ (Medh., Gov., Ragh.), or ‘penances, such as the
Pra^apatya’ (Nand. and Nar.). In the second verse Kull. also
adopts the explanation of Medh. and Gov.
176-182. Ap. I, 2, 17, 23-30; 3, 11-25; 4, 13-23; Gaut. II,
8-9, 12-17; Vas. VII, 15, 17; Baudh. I, 3, 19-20, 23-24; Vi.
XXVIII, 4-5, n, 48-51 ; Y&gn. I, 25, 33.
- Rasan, ‘ substances (used for) flavouring,’ i.e. ‘molasses and
the like ‘ (Gov., Kull., Nar.), ‘ clarified butter, oil, and the like ‘
(Nand.). Nar. adds that others interpret rasan to mean the
poetical rasas or sentiments. Medh. mentions the same ex-
planation and two more: (1) spices; (2) juicy fruits and canes
like sugar-cane.
II, 184. STUDENTSHIP. 6$
rium to his eyes, from the use of shoes and of an
umbrella (or parasol), from (sensual) desire, anger,
covetousness, dancing, singing, and playing (musical
instruments),
- From gambling, idle disputes, backbiting,
and lying, from looking at and touching women, and
from hurting others. - Let him always sleep alone, let him never
waste his manhood ; for he who voluntarily wastes
his manhood, breaks his vow. - A twice-born student, who has involuntarily
wasted his manly strength during sleep, must bathe,
worship the sun, and afterwards thrice mutter the
Rik- verse (which begins), ‘Again let my strength
return to me/ - Let him fetch a pot full of water, flowers,
cowdung, earth, and Ku.ya grass, as much as may be
required (by his teacher), and daily go to beg food. - A student, being pure, shall daily bring food
from the houses of men who are not deficient in (the
knowledge of) the Veda and in (performing) sacrifices,
and who are famous for (following their lawful)
occupations. - Let him not beg from the relatives of his
teacher, nor from his own or his mother’s blood-
relations ; but if there are no houses belonging to - Ganavada, ‘idle disputes’ (Medh., Gov., Kull., Ragh.), or
‘ gossiping ‘ (Medh., Nar.). - Vi. XXVIII, 48. Regarding the consequences of com-
mitting such an offence, see below, XI, 1 19-124. - Vi. XXVIII, 51. The verse occurs Taitt. Ar. I, 30.
- Nand. reads udakumbhan, ‘pots filled^with water/
- Baudh. I, 3, 18; Vi. XXVIII, 9; Ap. I, 3, 25; Gaut.
II, 35.
- Gaut. II, 37-38.
64 LAWS OF MANU. II, 185.
strangers, let him go to one of those named above,
taking the last-named first ;
- Or, if there are no (virtuous men of the kind)
mentioned above, he may go to each (house in the)
village, being pure and remaining silent ; but let him
avoid AbhLsastas (those accused of mortal sin). - Having brought sacred fuel from a distance,
let him place it anywhere but on the ground, and
let him, unwearied, make with it burnt oblations to
the sacred fire, both evening and morning. - He who, without being sick, neglects during
seven (successive) days to go out begging, and to
offer fuel in the sacred fire, shall perform the penance
of an Avakirmn (one who has broken his vow). - He who performs the vow (of studentship)
shall constantly subsist on alms, (but) not eat the
food of one (person only) ; the subsistence of a
student on begged food is declared to be equal (in
merit) to fasting. - At his pleasure he may eat, when invited,
the food of one man at (a rite) in honour of the - ‘From a distance,’ i.e. ‘from a lonely place in the forest
not denied by any impurities/ Vihayasi, ‘ anywhere but on the
ground/ means lit. ‘ in the air,’ and is explained variously by ‘ on
the roof of the house’ (Medh., Gov., Kull.), ‘on a platform and
the like’ (Nar.), ‘in the open air’ (Nand.), ‘in any pure place
except on the ground’ (Ragh.). The purpose is, as most com-
mentators think, to preserve the wood from defilement. But,
according to ‘ others,’ quoted by Medh., with whom Nand. seems
to agree, the object is to let it become dry in the open air. - Vi. XXVIII, 52; Yagii. Ill, 281. The penance for an
Avakrrmn is mentioned below, XI, 1 19-120. - Y&gn. I, 32.
- Y&gii. I, 32. ‘Observing the conditions of his vow,’ i.e.
‘ avoiding honey, meat, and the like.’ ifoshivat, ‘ like a hermit ‘
(Medh., Gov., Nar., Nand.), or ‘like an ascetic’ (yati, Kull.).
II, ip4- STUDENTSHIP. 65
gods, observing (however the conditions of) his vow,
or at a (funeral meal) in honour of the manes, be-
having (however) like a hermit.
- This duty is prescribed by the wise for a
Brahma/za only; but no such duty is ordained for
a Kshatriya and a Vai^ya. - Both when ordered by his teacher, and with-
out a (special) command, (a student) shall always
exert himself in studying (the Veda), and in doing
what is serviceable to his teacher. - Controlling his body, his speech, his organs
(of sense), and his mind, let him stand with joined
hands, looking at the face of his teacher. - Let him always keep his right arm uncovered,
behave decently and keep his body well covered,
and when he is addressed (with the words), ‘ Be
seated/ he shall sit down, facing his teacher. - In the presence of his teacher let him always
eat less, wear a less valuable dress and ornaments
According to Gov., Nar., and Nand., the last phrase means that
the student is to eat at a funeral dinner a little wild-growing rice
and other food fit for a hermit (munyanna), while Medh. and
Kull. think that the two phrases prohibit the eating of forbidden
food only.
- ‘This duty’ refers to the permission given in verse 189.
According to Nar. ‘others/ however, thought that this verse
annulled the rule given in verse 188. - Ap. I, 5, 27, 4, 23; Gaut. I, 54; II, 29-30; Vi. XXVIII,
6-7; Yagri. I, 27. - Ap. I, 6, 18-20. I read, with Medh., Kull., and Ragh.,
susa/ftvriia^, and translate it according to the latter two, ‘keep
his body well covered.’ Medh. explains it, ‘ well guarding himself
(in his speech).’ Nar. and K. read like the editions, susawyata^,
and Nand. samahita^, ‘ concentrating his mind.’ Gov. seems to
have had the same reading as Nar. - Ap. I, 4, 22, 28; Gaut. II, 21; Baudh. I, 3, 21; Vi.
XXVIII, 13.
[25] F
66 LAWS OF MANU. II, 195.
(than the former), and let him rise earlier (from his
bed), and go to rest later.
- Let him not answer or converse with (his
teacher), reclining on a bed, nor sitting, nor eating,
nor standing, nor with an averted face. - Let him do (that), standing up, if (his teacher)
is seated, advancing towards him when he stands,
going to meet him if he advances, and running after
him when he runs ; - Going (round) to face (the teacher), if his
face is averted, approaching him if he stands at a
distance, but bending towards him if he lies on a
bed, and if he stands in a lower place. - When his teacher is nigh, let his bed or seat
be low ; but within sight of his teacher he shall not
sit carelessly at ease. - Let him not pronounce the mere name of
his teacher (without adding an honorific title) behind
his back even, and let him not mimic his gait, speech,
and deportment. - Wherever (people) justly censure or falsely
defame his teacher, there he must cover his ears or
depart thence to another place. - By censuring (his teacher), though justly, he
195-197. Ap. I, 6, 5-9; Gaut. II, 25-28; Vas. VII, 12 ; Baudh.
I, 3, 38; Vi. XXVIII, 18-22.
- Nidcre tish/^ata^, ‘if he stands in a lower place’ (Nar.,
Nand.), means according to Medh., Gov., Kull., and Ragh. ‘ if he
stands close.’ - Ap. I, 2, 21, 6, 1 3-1 7; Gaut. II, 1 4-15, 2 1 ; Vi. XXVIII, 1 2, 23.
- Gaut. II, 23; Vi. XXVIII, 24-25. The epithets to be
added to the teacher’s name are upadhyaya, bha/Ya (Medh.), a^arya
(Kull.), or Tarawa and the like (Nar.). - Vi. XXVIII, 26.
- Paribhokta, ‘ he who lives on his teacher’s substance,’ means
II, 206. STUDENTSHIP. 6j
will become (in his next birth) an ass, by falsely
defaming him, a dog ; he who lives on his teacher’s
substance, will become a worm, and he who is envious
(of his merit), a (larger) insect.
- He must not serve the (teacher by the inter-
vention of another) while he himself stands aloof,
nor when he (himself) is angry, nor when a woman
is near ; if he is seated in a carnage or on a (raised)
seat, he must descend and afterwards salute his
(teacher). - Let him not sit with his teacher, to the
leeward or to the windward (of him); nor let him
say anything which his teacher cannot hear. - He may sit with his teacher in a carriage
drawn by oxen, horses, or camels, on a terrace, on
a bed of grass or leaves, on a mat, on a rock, on a
wooden bench, or in a boat. - If his teacher’s teacher is near, let him be-
have (towards him) as towards his own teacher ; but
let him, unless he has received permission from his
teacher, not salute venerable persons of his own
(family). - This is likewise (ordained as) his constant
behaviour towards (other) instructors in science,
towards his relatives (to whom honour is due),
according to NaT. and Nand. ‘he who eats without the teacher’s
permission the best food, obtained by begging.’ The latter ex-
planation is supported by the meaning of the preposition ■ pari ‘
in parivettd and paryadhata.
- ‘Nor when a woman is near/ i.e. ‘if the teacher is in the
company of his wife/ - Ap. I, 6, 15.
- Ap. I, 7, 7, 12-13 ; Vi- XXVIII, 27-28.
- Ap. I, 7, 29-30, 8, 19-20; Vi. XXVIII, 29-30.
- Ap. I, 8, 28.
F 2
68 LAWS OF MANU. II, 207.
towards all who may restrain him from sin, or may
give him salutary advice.
- Towards his betters let him always behave
as towards his teacher, likewise towards sons of his
teacher, born by wives of equal caste, and towards
the teacher’s relatives both on the side of the father
and of the mother. - The son of the teacher who imparts in-
struction (in his father’s stead), whether younger
or of equal age, or a student of (the science of)
sacrifices (or of other Angas), deserves the same
honour as the teacher. - (A student) must not shampoo the limbs
of his teacher’s son, nor assist him in bathing,
nor eat the fragments of his food, nor wash his
feet. - The wives of the teacher, who belong to
the same caste, must be treated as respectfully as - Ap. I, 7, 29-30; Baudh. I, 3, 44. Aryeshu, ‘born by wives
of the same class/ i.e. of the Brahmawa caste (Medh., Kull., Gov.),
means according to Nar. and Nand. ‘who are virtuous.’ It is,
however, probable that it has its literal meaning, ‘ who are Aryans,
i.e. born by wives of the first three castes.’ Medh. prefers another
reading, guruputre tatha^arye, * towards the teacher’s son who
(takes the place of his father as) teacher.’ Ragh. gives the same
reading. - Ap. I, 7, 30; Vi. XXVIII, 31. The translation, given
above, follows Medh., Gov., and Nar. Nand. differs only slightly,
‘ The son of the teacher who imparts instruction (while his father
is engaged) in a sacrifice (or the like), whether younger or of
the same age, or a student, deserves, &c.’ Kull. and R£gh. con-
strue quite differently, ‘ The son of the teacher, whether younger
or of equal age, or a student, if he (be able to) teach the Veda,
deserves the same honour as the teacher, when (he is present) at
the performance of a sacrifice.’
209-212. Ap. I, 7, 27; Gaut. II, 31-34; Baudh. I, 3, 33-37;
Vi. xxviii, 32-33; xxxii, 2, 5-7.
II, 219. STUDENTSHIP. 69
the teacher ; but those who belong to a different
caste, must be honoured by rising and salutation.
- Let him not perform for a wife of his teacher
(the offices of) anointing her, assisting her in the
bath, shampooing her limbs, or arranging her hair. - (A pupil) who is full twenty years old, and
knows what is becoming and unbecoming, shall not
salute a young wife of his teacher (by clasping) her
feet. - It is the nature of women to seduce men in
this (world) ; for that reason the wise are never
unguarded in (the company of) females. - For women are able to lead astray in (this)
world not only a fool, but even a learned man, and
(to make) him a slave of desire and anger. - One should not sit in a lonely place with
one’s mother, sister, or daughter ; for the senses are
powerful, and master even a learned man. - But at his pleasure a young student may
prostrate himself on the ground before the young
wife of a teacher, in accordance with the rule, and
say, ■ I, N. N., (worship thee, O lady).’ - On returning from a journey he must clasp
the feet of his teacher’s wife and daily salute her (in
the manner just mentioned), remembering the duty
of the virtuous. - As the man who digs with a spade (into the
ground) obtains water, even so an obedient (pupil)
obtains the knowledge which lies (hidden) in his
teacher. - A (student) may either shave his head, or
216-217. Vi. XXXII, 13-15.
- Gaut. I, 27 ; Vas. VII, 11 ; Vi. XXVIII, 41 ; Ap. I, 30, 8 ;
Gaut. II, 10. Instead of ‘while (he sleeps) in the village’ (Medh.
7<D LAWS OF MANU. II, 220.
wear his hair in braids, or braid one lock on the
crown of his head ; the sun must never set or rise
while he (lies asleep) in the village.
- If the sun should rise or set while he is
sleeping, be it (that he offended) intentionally or
unintentionally, he shall fast during the (next) day,
muttering (the Savitri). - For he who lies (sleeping), while the sun
sets or rises, and does not perform (that) penance, is
tainted by great guilt. - Purified by sipping water, he shall daily
worship during both twilights with a concentrated
mind in a pure place, muttering the prescribed
text according to the rule. - If a woman or a man of low caste perform
anything (leading to) happiness, let him diligently
practise it, as well as (any other permitted act) in
which his heart finds pleasure.
jol. 224. (Some declare that) the chief good consists
in (the acquisition of) spiritual merit and wealth,
(others place it) in (the gratification of) desire and
(the acquisition of) wealth, (others) in (the acqui-
1 others/ Kull., Ragh.). Medh., Gov., Nar., and Nand. give ‘while
(he stays) in the village/ The former explanation is, however,
more probable on account of the following verse.
- Ap. II, 12, 13-14; Gaut. XXIII, 21; Vas. XX, 4; Baudh.
II, 7, 16 ; Vi. XXVIII, 53. The translation of the last words follows
Gov. and Kull., while Medh., Nar., and Ragh. state that the penance
shall be performed during ‘ the (next) day (or night)/ and that he
who neglects the evening prayer, shall fast in the evening and repeat
the Gayatri during the night. The parallel passages show that a
difference of opinion existed with respect to -the performance of
this penance. - Vas. 1, 18; Ap. II, 12, 22.
- Ap. I, 30, 8; Gaut. II, 11 ; Baudh. II, 7 ; Vi. XXVIII, 2.
- Ap. II, 29, 11.
11,231. STUDENTSHIP. 71
sition of) spiritual merit alone, and (others say that
the acquisition of) wealth alone is the chief good
here (below) ; but the (correct) decision is that it
consists of the aggregate of (those) three.
- The teacher, the father, the mother, and an
elder brother must not be treated with disrespect,
especially by a Brahma^a, though one be grievously
offended (by them). - The teacher is the image of Brahman, the
father the image of Pra^apati (the lord of created
beings), the mother the image of the earth, and an
(elder) full brother the image of oneself. - That trouble (and pain) which the parents
undergo on the birth of (their) children, cannot be
compensated even in a hundred years. - Let him always do what is agreeable to
those (two) and always (what may please) his
teacher ; when those three are pleased, he obtains
all (those rewards which) austerities (yield). - Obedience towards those three is declared to
be the best (form of) austerity ; let him not perform
other meritorious acts without their permission. - For they are declared to be the three worlds,
they the three (principal) orders, they the three
Vedas, and they the three sacred fires. - The father, forsooth, is stated to be the
Garhapatya fire, the mother the Dakshi/zagni, but - Ap. I, 14, 6; Vi. XXXI, 1-3. This verse is placed by
Kull. alone after the following one, while all the other com-
mentators as well as K. observe the order followed above. - Vi. XXXI, 6.
- Vi. XXXI, 7. ‘The three worlds,’ i.e. ‘the earth, the
middle sphere, and the sky;’ ‘the three orders/ i.e. ‘the first three
orders’ (Kull., Nar., Nand.), ‘the last three orders’ (Medh., Gov.). - Ap. I, 3, 44; Vi. XXXI, 8.
72 LAWS OF MANU. II, 232.
the teacher the Ahavanlya fire ; this triad of fires is
most venerable.
- He who neglects not those three, (even after
he has become) a householder, will conquer the
three worlds and, radiant in body like a god, he will
enjoy bliss in heaven. - By honouring his mother he gains this
(nether) world, by honouring his father the middle
sphere, but by obedience to his teacher the world of
Brahman. - All duties have been fulfilled by him who
honours those three ; but to him who honours them
not, all rites remain fruitless. - As long as those three live, so long let him
not (independently) perform any other (meritorious
acts) ; let him always serve them, rejoicing (to do
what is) agreeable and beneficial (to them). - He shall inform them of everything that
with their consent he may perform in thought, word,
or deed for the sake of the next world. - By (honouring) these three all that ought to
be done by man, is accomplished ; that is clearly the
highest duty, every other (act) is a subordinate
duty. - He who possesses faith may receive pure
learning even from a man of lower caste, the highest - Vi. XXXI, 9. 233. Vi. XXXI, 10.
- Ap. II, 29, 11. ‘The highest law/ i.e. ‘the means of
obtaining final liberation ‘ (Kull.) ; but Medh., Gov., and Ragh.
refer the expression to advice in worldly matters. * From a base
family,’ i.e. ‘from a family where the sacred rites are neglected’
(Medh.), ‘from one that is lower than oneself (Kull.), ‘from the
family of a potter or a similar (low caste)/ (Gov.) But probably
the rule refers to the practice to take particularly desirable brides
even from the families of outcasts; see Vas. XIII, 51-53.
II, 245- STUDENTSHIP. 73
law even from the lowest, and an excellent wife
even from a base family.
- Even from poison nectar may be taken,
even from a child good advice, even from a foe (a
lesson in) good conduct, and even from an impure
(substance) gold. - Excellent wives, learning, (the knowledge
of) the law, (the rules of) purity, good advice, and
various arts may be acquired from anybody. - It is prescribed that in times of distress (a
student) may learn (the Veda) from one who is not a
Brahma^a ; and that he shall walk behind and serve
(such a) teacher, as long as the instruction lasts. - He who desires incomparable bliss (in
heaven) shall not dwell during his whole life in
(the house of) a non-Brahma/ncal teacher, nor with
a Brahma^a who does not know the whole Veda
and the Ahgas. - But if (a student) desires to pass his whole
life in the teacher’s house, he must diligently serve
him, until he is freed from this body. - A Brahma/za who serves his teacher till
the dissolution of his body, reaches forthwith the
eternal mansion of Brahman. - He who knows the sacred law must hot
present any gift to his teacher before (the Samavar-
tana) ; but when, with the permission of his teacher,
he is about to take the (final) bath, let him procure - Striyo ratnani, ‘excellent wives’ (Kull., Ragh.), means ac-
cording to Medh. and Gov. ‘ wives and gems.’ - Ap. II, 4, 25; Gaut. VII, 1-3; Baudh. I, 3, 4i~43-
- Ap. II, 21, 6; Gaut. III. 5-6; Vas. VII, 4 ; Baudh. II, 11.
13; Vi. XXVIII, 43;Ya^.I, 49. - Ap. I, 7, 19 ; Gaut. II, 48-49 ; Vi. XXVIII, 42 j Ya§™. I, 51.
74
LAWS OF MANU.
II, 246.
(a present) for the venerable man according to his
ability,
- (Viz.) a field, gold, a cow, a horse, a parasol
and shoes, a seat, grain, (even) vegetables, (and
thus) give pleasure to his teacher. . - (A perpetual student) must, if his teacher
dies, serve his son (provided he be) endowed with
good qualities, or his widow, or his Sapi^a, in the
same manner as the teacher. - Should none of these be alive, he must
serve the sacred fire, standing (by day) and sitting
(during the night), arid thus finish his life. - A Brahma^a who thus passes his life as a
student without breaking his vow, reaches (after
death) the highest abode and will not be born again
in this world.
Chapter III.
- The vow (of studying) the three Vedas under
a teacher must be kept for thirty-six years, or for
1
- Most commentators read pritimaharet for avahet, and with
this reading the translation must be, ‘ A field, gold …. he should
give to the teacher in order to please him/ - Gaut. Ill, 7; Vi. XXVIII, 44-45; Y%w. 1,49. Regarding
the term Sapiw^a, see below, V, 60. - Gaut. Ill, 8 ; Vas. VII, 5-6 ; Vi. XXVIII, 46 ; Y&gn. I, 49-
Sariraw sadhayet, ‘ shall finish his life ‘ (Medh., Gov.), means ac-
cording to Kull. ‘ shall make the soul connected with his body-
perfect, i. e. fit for the union with Brahman.’ Nar. and Ragh. take
the word similarly. - VL XXVIII, 49; Y&gn. I, 50.
III. 1. Ap. I, 2, 12-16; Gaut. II, 45-47; Vas. VIII, 1; Baudh.
I, 3, 1-4; Vi. XXVIII, 42; Ya^. I, 36.
The three Vedas meant are the i?z’g-veda, Ya^ur-veda, and
Sama-veda. The Atharva-veda is here, as in most of the ancient
Dharma-sutras, left out altogether. Baudhayana, alone, states that
111,5- householder; marriage. 75
half that time, or for a quarter, or until the (student)
has perfectly learnt them.
- (A student) who has studied in due order the
three Vedas, or two, or even one only, without break-
ing the (rules of) studentship, shall enter the order
of householders. - He who is famous for (the strict performance
of) his duties and has received his heritage, the Veda,
from his father, shall be honoured, sitting on a couch
and adorned with a garland, with (the present of) a
cow (and the honey-mixture). - Having bathed, with the permission of his
teacher, and performed according to the rule the
Samavartana (the rite on returning home), a twice-
born man shall marry a wife of equal caste who is
endowed with auspicious (bodily) marks. - A (damsel) who is neither a Sapi/^a on the
mothers side, nor belongs to the same family on
the term of studentship extends over forty-eight years, and that rule
includes the Atharva-veda.
- Y&gn. I, 52.
- The meaning is, that the student who, after completing his
term, has become a Snataka, shall receive first, i.e. before his mar-
riage, the honour of the Madhuparka (Ap. II, 8, 5-9) from the
person who instructed him. The phrase ‘ who has received his
heritage, the Veda, from his father/ indicates, according to the
commentators, that, as a rule, the father is to teach his son. As,
however, the teacher is considered the spiritual father of his pupil,
pitu/£ might also be translated ‘ from his (spiritual) father.’ - Gaut. IV, ij Vas. VIII, 1; Ya^n. I, 52. Regarding the ‘aus-
picious bodily marks/ see -Sahkhayana, Grzhya-sutra I, 5, 10. See
also below, vers. 7-10. - Ap. II, 11, 15-16; Gaut. IV, 2-5; Vas. VIII, 1-2; Baudh.
II, 1, 32-38; Vi. XXIV, 9-10; Y8gn. I, 53-
Asagotra ka. ya pitu^, ‘who does not belong to the same family
on the father’s side/ means according to Medh. and Kull. ‘between
whose father’s and the bridegroom’s family no blood-relationship is
j6 LAWS OF MANU. 111,6.
the father’s side, is recommended to twice-born men
for wedlock and conjugal union.
!>* 6. In connecting himself with a wife, let him care-
fully avoid the ten following families, be they ever
so great, or rich in kine, horses, sheep, grain, or
(other) property,
- (Viz.) one which neglects the sacred rites, one
in which no male children (are born), one in which
the Veda is not studied, one (the members of) which
have thick hair on the bodv, those which are sub-
ject to hemorrhoids, phthisis, weakness of digestion,
epilepsy, or white and black leprosy. - Let him not marry a maiden (with) reddish
(hair), nor one who has a redundant member, nor
one who is sickly, nor one either with no hair (on
the body) or too much, nor one who is garrulous or
has red (eyes), - Nor one named after a constellation, a tree,
or a river, nor one bearing the name of a low caste,
or of a mountain, nor one named after a bird, a
traceable.’ It is, however, very probable that gotra has a double mean-
ing, vaidika and laukika gotra, and that, in the case of Brahmaraas,
intermarriages between families descended from the same Rfchi, and,
in the case of other Aryans, between families bearing the same name
or known to be connected, are forbidden. Kull., Nar., and Ragh. hold
that the first £a, ‘ and/ indicates that asagotra refers to the mother’s
side also, and Medh., Gov., Kull., Nar., and Ragh. think that on
account of the second £a, the word asapMa must be taken to
refer to the father’s side also, and that thus intermarriages with the
daughter of a paternal aunt or with the paternal grandfather’s sister’s
descendants are forbidden. Maithune, ‘for conjugal union’ (Medh.,
Gov., Nar.), means according to Kull. and Ragh. ‘ for the holy rites
to be performed by the husband and wife together.’ Nand. reads
amaithuni, ‘ one who is a virgin.’ Regarding the term Sapi«</a, see
below, V, 60.
- Vi. XXIV, 11; Y&g%. I, 54.
- Yfyn. I, 53; Vi. XXIV, 12-16.
Iii,i3. householder; marriage. 77
snake, or a slave, nor one whose name inspires
terror.
- Let him wed a female free from bodily defects,
who has an agreeable name, the (graceful) gait of a
Hawsa or of an elephant, a moderate (quantity of)
hair on the body and on the head, small teeth, and
soft limbs.
it. But a prudent man should not marry (a
maiden) who has no brother, nor one whose father
is not known, through fear lest (in the former case
she be made) an appointed daughter (and in the
latter) lest (he should commit) sin.
- For the first marriage of twice-born men
(wives) of equal caste are recommended ; but for
those who through desire proceed (to marry again)
the following females, (chosen) according to the
(direct) order (of the castes), are most approved. - It is declared that a .Sudra woman alone (can
be) the wife of a .Sudra, she and one of his own caste
(the wives) of a VaLyya, those two and one of his
own caste (the wives) of a Kshatriya, those three
and one of his own caste (the wives) of a Brijhma^a. - Yign. I, 53. ‘Lest he should commit sin,’ i.e. marry a Sagotra
or one sprung from an illicit union. The translation follows Kull.,Nar.,
Ragh., and ‘others’ mentioned by Medh. But Medh. himself takes the
verse differently, ‘ A prudent man should not marry a (maiden) who
has no brother, if her father is not known (i.e. is dead or absent),
through fear lest she be made an appointed daughter;’ while Gov.
explains it as follows, ‘A prudent man should not marry a (maiden)
who has no brother or whose father is not known, through fear lest
she be made an appointed daughter.’ According to the latter it
would be possible, in case the father is not known, that she might
be only the half-sister of her brother, and her real father, having no
children, might make her an appointed daughter. - Vi. XXIV, 1-4; Baudh. I, 16, 2-5.
- Y&gn. I, 56 ; Vas. I, 25-26.
78 LAWS OF MANU. Ill, 14.
- A .Sudra woman is not mentioned even in
any (ancient) story as the (first) wife of a Brah-
ma/za or of a Kshatriya, though they lived in the
(greatest) distress. - Twice-born men who, in their folly, wed wives
of the low (J9udra) caste, soon degrade their families
and their children to the state of Madras. - According to Atri and to (Gautama) the son
of Utathya, he who weds a ^udra woman becomes an
outcast, according to .Saunaka on the birth of a son,
and according to Bhrtgu he who has (male) offspring
from a (vSudra female, alone). - A Brahma^a who takes a Sudra wife to his
bed, will (after death) sink into hell ; if he begets
a child by her, he will lose the rank of a Brahma^a. - The manes and the gods will not eat the
(offerings) of that man who performs the rites in - Vas. I, 27; Gaut. XV, 18; Ap. I, 18, 33.
- Vi. XXV, 6.
- Baudh. II, 2-7. The above translation follows Medh., Gov.,
Nand., and Ragh. But Kull. takes the last clause differently, ‘accord-
ing to Bhrzgu on the birth of a son’s son.’ This version is supported,
as a quotation given by Nar. shows, by the Bhavishya-purawa, which,
as usual, paraphrases Manu’s text, putrasya putram asadya -Saunaka^
judrataw gata^ I bhrzgvadayo ‘py evam eva patitatvam av&pnuyu^ II
There was, moreover, as this passage shows, an ancient explanation
of our verse, according to which the various names of JZishis do
not refer to authors of law-books, but to founders of Gotras. This
view is adopted by Nar., and, according to him, the translation
should run as follows : ■ (A man of the family) of Atri who weds a
-Sudra female, becomes an outcast, (one of the race) of Utathya’s
son, on the birth of a son, and (one of) -Saunaka’s or Bhrz’gu’s
(Gotras) by having no other but -Sudra offspring.’ It ought to be
noted that, according to Kull. alone, the three clauses refer to
Brahmawas, Kshatriyas, and Vaijyas respectively. Ragh. particularly
objects to this opinion, which, according to him, ‘some’ hold. - Vas. XIV, 11; Vi. XXV, 7.
Ill, 24. HOUSEHOLDER J MARRIAGE. 79
honour of the gods, of the manes, and of guests
chiefly with a (6udra wife’s) assistance, and such
(a man) will not go to heaven.
- For him who drinks the moisture of a 6udra s
lips, who is tainted by her breath, and who begets
a son on her, no expiation is prescribed. - Now listen to (the) brief (description of) the
following eight marriage-rites used by the four castes
(var^a) which partly secure benefits and partly pro-
duce evil both in this life and after death. - (They are) the rite of Brahman (Brahma), that
of the gods (Daiva), that of the i^zshis (Arsha),
that of Pra^apati (Pra^apatya), that of the Asuras
(Asura), that of the Gandharvas (Gandharva), that
of the Rakshasas (Rakshasa), and that of the Pisa-
/£as (Pai^a/^a). - Which is lawful for each caste (var^a) and
which are the virtues or faults of each (rite), all
this I will declare to you, as well as their good
and evil results with respect to the offspring. - One may know that the first six according to
the order (followed above) are lawful for a Brah-
ma^a, the four last for a Kshatriya, and the same
four, excepting the Rakshasa rite, for a Vai^ya and
a 6udra. - The sages state that the first four are approved
(in the case) of a Brahma/za, one, the Rakshasa (rite
21-34. Ap. II, 11, 17-21; Gaut. IV, 6-15; Vas. I, 17-35;
Baudh. I, 20, 1-2 1, 23; Vi. XXIV, 18-28; Yagri. I, 58-61.
- It seems extremely probable that this and the next three
verses contain, as Sir W. Jones thinks, several conflicting opinions
on the permissibility of the different marriage rites. The commen-
tators, however, try to reconcile them by various tricks of inter-
pretation.
So
LAWS OF MANU.
HI, 26.
%
in the case) of a Kshatriya, and the Asura (marriage
in that) of a VaLsya and of a .Sudra.
- But in these (Institutes of the sacred law)
three of the five (last) are declared to be lawful
and two unlawful ; the Pai^a^a and the Asura
(rites) must never be used. - For Kshatriyas those before-mentioned two
rites, the Gandharva and the Rakshasa, whether
separate or mixed, are permitted by the sacred
tradition. - The gift of a daughter, after decking her
(with costly garments) and honouring (her by pre-
sents of jewels), to a man learned in the Veda and
of good conduct, whom (the father) himself invites,
is called the Brahma rite. - The gift of a daughter who has been decked
with ornaments, to a priest who duly officiates at
a sacrifice, during the course of its performance,
they call the Daiva rite. - When (the father) gives away his daughter
according to the rule, after receiving from the bride-
groom, for (the fulfilment of) the sacred law, a cow
and a bull or two pairs, that is named the Arsha rite. - The gift of a daughter (by her father) after
- ■ Mixed,’ i. e. when a girl is forcibly abducted from her father’s
house after a previous understanding with her lover. - Nar. and Ragh. refer ar^ayitva, ‘ after honouring,’ to the
bridegroom, and take it in the sense of ‘ after honouring (the bride-
groom with the honey-mixture).’ - ‘For the (fulfilment of) the sacred law,’ i.e. ‘not with the
intention of selling his child’ (Medh.); see also below, vers. 51-54.
‘According to the rule,’ i. e. ‘ pronouncing the words prescribed for
making a gift ‘ (N&r.). - ‘Has shown honour/ i. e. ‘ to the bridegroom by the honey-
mixture’ (Nar., Nand.).
Ill, 34. HOUSEHOLDER J MARRIAGE. 8 1
he has addressed (the couple) with the text, ‘ May
both of you perform together your duties,’ and has
shown honour (to the bridegroom), is called in the
Smn’ti the Pra^apatya rite.
- When (the bridegroom) receives a maiden,
after having given as much wealth as he can afford,
to the kinsmen and to the bride herself, according
to his own will, that is called the Asura rite. - The voluntary union of a maiden and her
lover one must know (to be) the Gandharva rite,
which springs from desire and has sexual intercourse
for its purpose.
^2,- The forcible abduction of a maiden from her
home, while she cries out and weeps, after (her kins-
men) have been slain or wounded and (their houses)
broken open, is called the Rakshasa rite.
- When (a man) by stealth seduces a girl who
is sleeping, intoxicated, or disordered in intellect,
that is the eighth, the most base and sinful rite
of the PL^as. - ‘ According to his own will,’ i. e. ‘ not in accordance with the
injunction of the sacred law, as in the case of the Arsha rite’
(Medh.,Gov., Kull, Nar., Nand.). - Gov. and Nar. here enter on a discussion of the question
whether the prescribed offerings and wedding ceremonies are to be
performed in the case of the Gandharva, Rakshasa, and Paija^a
rites. Relying on a passage of Devala and of the Bahvrika. Grzhya-
parLrishta (Saunaka) they are of opinion that the homas must be
performed, at least in the case of Aryan couples. But they hold
on the strength of Manu’s dictum, VIII, 226, which restricts the
use of the Mantras to women, married as virgins, that the Vedic
nuptial texts must not be recited. From the comment of Medh.
on verse 34 it would appear that the opinions on the subject were
divided, and that some held weddings with the recitation of Mantras
to be permissible, while others denied the necessity of any
wedding.
[25] G
82 LAWS OF MANU. Ill, 35.
- The gift of daughters among Brahma^as is
most approved, (if it is preceded) by (a libation of)
water ; but in the case of other castes (it may be
performed) by (the expression of) mutual consent. - Listen now to me, ye Brahma^as, while I
fully declare what quality has been ascribed by
Manu to each of these marriage-rites. - The son of a wife wedded according to the
Brahma rite, if he performs meritorious acts, libe-
rates from sin ten ancestors, ten descendants and
himself as the twenty-first. - The son born of a wife, wedded according to
the Daiva rite, likewise (saves) seven ancestors and
seven descendants, the son of a wife married by the
Arsha rite three (in the ascending and descending
lines), and the son of a wife married by the rite of
Ka (Pra^apati) six (in either line). - From the four marriages, (enumerated) suc-
cessively, which begin with the Brahma rite spring
sons, radiant with knowledge of the Veda and
honoured by the .Sish/as (good men). - Endowed with the qualities of beauty and
goodness, possessing wealth and fame, obtaining as - Itaretarakamyaya, ‘ by (the expression of) mutual consent/
i.e. by the parents, means according to Medh. ‘in consequence of
the mutual desire of the bride and the bridegroom.’ He mentions,
however, the other explanation too. The text refers probably to
customs like the sending of a cocoa-nut, which is usually adopted
by Kshatriyas.
37-42. Vi. XXIV, 29-32; Gaut. IV, 29-33; Baudh. I, 21, 1;
Ap. II, 12, 4 ; Yagn. I, 58-60, 90.
- Regarding the explanation of the term -Sish/as, see below,
XII, 109. - Gov. and Kull. take the first adjective differently, ‘ endowed
with beauty, goodness, and other excellent qualities.’ Regarding
the term ‘goodness’ (sattva), see below, XII, 31.
111,46. HOUSEHOLDER; MARRIAGE. 83
many enjoyments as they desire and being most
righteous, they will live a hundred years.
- But from the remaining (four) blamable mar-
riages spring sons who are cruel and speakers of
untruth, who hate the Veda and the sacred law. - In the blameless marriages blameless chil-
dren are born to men, in blamable (marriages)
blamable (offspring) ; one should therefore avoid the
blamable (forms of marriage). - The ceremony of joining the hands is pre-
scribed for (marriages with) women of equal caste
(var/za) ; know that the following rule (applies) to
weddings with females of a different caste (var/za). - On marrying a man of a higher caste a
Kshatriya bride must take hold of an arrow, a
Vai^ya bride of a goad, and a 6udra female of the
hem of the (bridegroom’s) garment. - Let (the husband) approach his wife in due I
season, being constantly satisfied with her (alone) ;
he may also, being intent on pleasing her, approach
her with a desire for conjugal union (on any day)
excepting the Parvans. - Sixteen (days and) nights (in each month),
- Vi. XXIV, 5-8 ; Y&gn. I, 62.
- The bridegroom takes hold of the other end of the arrow or
of the goad, pronouncing the same texts which are recited on taking
the hand of a bride of equal caste (Nar.). - Y&gn. I, 80-81; Ap. II, 1, 17-18; Gaut. V, 1-2 ; Vas. XII,
21-24 ; Vi. LXIX, 1; Baudh. IV, 17-19. Tadvrata^, ‘ being intent
on pleasing her’ (Medh., Kull.), means according to Nar. ‘being
careful to keep that rule (regarding the Parvans).’ With respect to
the Parvans, see below, IV, 128. - Ya^. I, 79. The days which the virtuous declared to be
unfit for conjugal intercourse are the first four after the appearance
of the menses. ^
G 2
84 LAWS OF MANU. HI, 47.
including four days which differ from the rest and
are censured by the virtuous, (are called) the natural
season of women.
- But among these the first four, the eleventh
and the thirteenth are (declared to be) forbidden ;
the remaining nights are recommended. - On the even nights sons are conceived and
daughters on the uneven ones ; hence a man who
desires to have sons should approach his wife in due
season on the even (nights). - A male child is produced by a greater quan-
tity of male seed, a female child by the prevalence
of the female ; if (both are) equal, a hermaphrodite or
a boy and a girl ; if (both are) weak or deficient in
quantity, a failure of conception (results). - He who avoids women on the^six forbidden
nights and on eight others, is (equal in chastity to)
a student, in whichever order he may live. - No father who’ knows (the law) must take
even the smallest gratuity for his daughter ; for a
man who, through avarice, takes a gratuity, is a
seller of his offspring. - But those (male) relations who, in their folly,
live on the separate property of women, (e. g. appro-
priate) the beasts of burden, carriages, and clothes of
women, commit sin and will sink into hell. - Y&gn. I, 79.
- ‘ In whichever order he may live,’ i.e. ‘whether he be a house-
holder or a hermit in the woods’ (Kull., Nar.). Medh. thinks that
it is merely an arthavada, and refers to no other order but that of
householders, while Govinda thinks that the verse permits even to
an ascetic who has lost all his children, to approach his wife during
two nights in each month. Kull. justly ridicules the last opinion. - Ap. II, 13, n ; Vas. I, 37-38; Baudh. I, 21, 2-3.
- Medh. gives in the first place another explanation of this
111,59- householder; marriage. 85
- Some call the cow and the bull (given) at an
Arsha wedding ‘a gratuity;’ (but) that is wrong,
since (the acceptance of) a fee, be it small or great,
is a sale (of the daughter). - When the relatives do not appropriate (for
their use) the gratuity (given), it is not a sale ; (in
that case) the (gift) is only a token of respect and
of kindness towards the maidens. - Women must be honoured and adorned by
their fathers, brothers, husbands, and brothers-in-law,
who desire (their own) welfare. - Where women are honoured, there the gods
are pleased ; but where they are not honoured, no
sacred rite yields rewards. - Where the female relations live in grief, the
family soon wholly perishes ; but that family where
they are not unhappy ever prospers. - The houses on which female relations, not I
being duly honoured, pronounce a curse, perish j
completely, as if destroyed by magic. - Hence men who seek (their own) welfare, should
always honour women on holidays and festivals with \
(gifts of) ornaments, clothes, and (dainty) food. _J
verse, which Nar. and Nand. consider the only admissible one :
‘ But those (male) relations who, in their folly, live on property ob-
tained by (the sale of) women, (e. g.) carriages or beasts of burden
and clothes (received for) females, commit sin, &c.’ Nand. and K.
read narir yanani, ‘ female slaves, carriages, &c.’ The objection to
Nar/s explanation is that nariyanani can hardly mean ‘ carriages
received for females.’ The reading ‘narU’ is obviously a conjec-
tural emendation.
- Ap. II, 13, 12; Vas. I, 36.
55-60. YSgn. I, 82.
- Some copies of Medh. omit verses 58-66.
- Instead of satkareshu (sawkareshu, Gov.), * on holidays/ like
the Kaumudr, the Mahanamni, and so forth (Gov., Kull., Ragh.),
86
LAWS OF MANU.
Ill, 60.
- In that family, where the husband is pleased
with his wife and the wife with her husband, happi-
ness will assuredly te lasting. - For if the wife is not radiant with beauty, she
will not attract her husband ; but if she has no
attractions for him, no children will be born. - If the wife is radiant with beauty, the whole
house is bright ; but if she is destitute of beauty, all
will appear dismal. - By low marriages, by omitting (the per-
formance of) sacred rites, by neglecting the study
of the Veda, and by irreverence towards Brahma/zas,
(great) families sink low. - By (practising) handicrafts, by pecuniary trans-
actions, by (begetting) children on .Sudra females
only, by (trading in) cows, horses, and carriages, by
(the pursuit of) agriculture and by taking service
under a king, - By sacrificing for men unworthy to offer sacri-
fices and by denying (the future rewards for good)
works, families, deficient in the (knowledge of the)
Veda, quickly perish. - But families that are rich in the knowledge
of the Veda, though possessing little wealth, are
numbered among the great, and acquire great
fame.
Nar. and Nand. read satkarewa, which, according to the former,
means ‘ by kind speech.’
- Baudh. I, 10, 28. Nar. says, ‘by (keeping) beasts of burden,
such as bullocks and horses.’ - Baudh. I, 10, 26. Instead of kulany a\m vi/myanti, ‘families
. . . perish quickly ‘ (Gov., Kull.), Nar., Nand., and Ragh. read
kulany akulataw yanti, ‘ (great) families lose their rank.’ - Baudh. L 10, 29.
111,70. householder; daily rites. 87
- With the sacred fire, kindled at the wedding,
a householder shall perform according to the law
the domestic ceremonies and the five (great) sacri-
fices, and (with that) he shall daily cook his food. - A householder has five slaughter-houses (as
it were, viz.) the hearth, the grinding-stone, the
broom, the pestle and mortar, the water-vessel,
by using which he is bound (with the fetters of
sin). - In order to successively expiate (the offences !
committed by means) of all these (five) the great
sages have prescribed for householders the daily
(performance of the five) great sacrifices. - Teaching (and studying) is the sacrifice
(offered) to Brahman, the (offerings of water and
food called) Tarpa/za the sacrifice to the manes, the
burnt oblation the sacrifice offered to the gods, the - Yagn. I, 97; Gaut. V, 7; Vi. LIX, 1; Baudh. II, 4, 22.
1 The domestic ceremonies,’ i. e. ‘ all the rites prescribed in the
Grz’hya-sutras.’ - Vi. LIX, 19. The translation of upaskara^, ‘ the broom/ rests
on the authority of Nar., who says, peshawena upakiraty a^uddhanity
upaskaro ‘vaskarahetu^ 1 sawmar^ani bhuyishMapipilikadihi#zsahe-
tuk 11 The other commentators seem to take upaskara^ in its usual
sense, ‘ a household implement,’ as they explain it by kurc^aka/ahadi,
1 a pot, a kettle, and the like’ (Medh.), kuwdasawmar^anyadi, ‘ a pot,
a broom, and the like’ (Kull.), sawmarg-anyadi, ■ a broom and the
like’ (Ragh.), uliikhalamusaladi, ‘ a mortar and pestle and the like’
(K.). But it is clear from the context that one implement only is
meant. - Vi. LIX, 20.
- Ap. I, 12, 15-13, 1; Gaut. V, 3, 9; Baudh. II, 5, n; II, 11,
1-6; Vi. LIX, 21-25; Yagii. I, 102. By Bhutas either ‘the gob-
lins’ or ‘the living creatures’ may be understood. Medh. takes it
in the former sense. Nand. reads adhyayanam for adhyapanam,
and adds adhyayanam eva ‘dhyayanam, ‘adhyayana is the same as
adhyayana, studying.’
88
LAWS OF MANU.
Ill, 7r.
r
)
Ff
Bali offering that offered to the Bhutas, and the
hospitable reception of guests the offering to men.
- He who neglects not these five great sacri-
fices, while he is able (to perform them), is not
tainted by the sins (committed) in the five places of
slaughter, though he constantly lives in the (order
of) house(-holders). - But he who does not feed these five, the
gods, his guests, those whom he is bound to main-
tain, the manes, and himself, lives not, though he
breathes.
j$. They call (these) five sacrifices also, Ahuta,
Huta, Prahuta, Brahmya-huta, and Prasita.
- Ahuta (not offered in the fire) is the muttering
(of Vedic texts), Huta the burnt oblation (offered to
the gods), Prahuta (offered by scattering it on the
ground) the Bali offering given to the Bhutas,
Brahmya-huta (offered in the digestive fire of Brah-
ma/zas), the respectful reception of Brahma^a
(guests), and Pranta (eaten) the (daily oblation to
the manes, called) Tarpaz^a. - Let (every man) in this (second order, at least)
daily apply himself to the private recitation of the
Veda, and also to the performance of the offering to
the gods ; for he who is diligent in the performance - ‘Those whom he is bound to maintain/ i.e. ‘aged parents
and so forth’ (Medh., Gov., Kull.), or ‘animals unfit for work’
(Medh.), or ‘ the Bhutas, goblins or living beings’ (Nar., Ragh.).
Nand. reads bhutanam for bhrz’tyanam, as Nar. and Ragh. seem to
have done. - Medh. remarks that these technical terms must belong to some
particular Sakha of the Veda. Two of them occur in the beginning
of Baudhayana’s Grz’hya-sutra, Sacred Books of the East, vol. xiv,
p. xxxi, and four in Paraskara’s Grz’hya-sutra I, 4, 1, as well as in
-Sahkhay ana’s, I, 5, 1. Nar., Nand., and K. read Brahmahuta in
this and the next verses.
Ill, 81. HOUSEHOLDER ; DAILY RITES. 89
of sacrifices, supports both the movable and the
immovable creation.
j6. An oblation duly thrown into the fire, reaches
the sun ; from the sun comes rain, from rain food,
therefrom the living creatures (derive their sub-
sistence).
j J. As all living creatures subsist by receiving
support from air, even so (the members of) all orders
subsist by receiving support from the householder.
j8. Because men of the three (other) orders are
daily supported by the householder with (gifts of)
sacred knowledge and food, therefore (the order of)
householders is the most excellent order.
- (The duties of) this order, which cannot be
practised by men with weak organs, must be carefully
observed by him who desires imperishable (bliss in)
heaven, and constant happiness in this (life). - The sages, the manes, the gods, the Bhutas,
and guests ask the householders (for offerings and
gifts) ; hence he who knows (the law), must give to
them (what is due to each). - Let him worship, according to the rule, the
sages by the private recitation of the Veda, the gods
by burnt oblations, the manes by funeral offerings - Vas. XI, 13.
77-78. Vas. VIII, 14-16; Vi. LIX, 27-28.
- Medh. points out that this verse indicates that householders
alone are, as a rule, to be the teachers of the Veda, not hermits or
ascetics. He adds, however, that the Institutes of the Bhikshus
prescribe that men of the latter two orders, too, shall teach. Simi-
larly Nar. and Nand. point out that householders alone shall be
teachers, ‘ except in times of distress’ (Nand.). - ‘ Of weak organs/ i.e. ‘of uncontrolled organs’ (Medh., Gov.,
KulL). Some MSS. of Medh. and Nand. read atyantam, ‘ exces-
sive/ for nityam, ‘ constant.’ - Vi. LIX, 29. 81. Y8gn. I, 104.
90 LAWS OF MANU. 111,82.
(•Sraddha), men by (gifts of) food, and the Bhutas
by the Bali offering.
- Let him daily perform a funeral sacrifice with
food, or with water, or also with milk, roots, and
fruits, and (thus) please the manes. - Let him feed even one Brahma^a in honour
of the manes at (the 6raddha), which belongs to the
five great sacrifices; but let him not feed on that
(occasion) any Brahma^a on account of the Vaisva-
deva offering. - A Brahma/za shall offer according to the rule
(of his Grzhya-sutra a portion) of the cooked food
destined for the Vaisvadeva in the sacred domestic
fire to the following deities : - First to Agni, and (next) to Soma, then to
both these gods conjointly, further to all the gods
(Visve Deva^), and (then) to Dhanvantari, - Further to Kuhu (the goddess of the new-
moon day), to Anumati (the goddess of the full-moon
day), to Pra^apati (the lord of creatures), to heaven
and earth conjointly, and finally to Agni Svish^akrzt
(the fire which performs the sacrifice well). - Vi. LXVII, 23-25.
- The object of the second part of the verse is to forbid that
two sets of Brahma/zas are to be fed at the daily -SYaddha, as is done
at the Parva/za -Sraddha, see below, verse 125 seq. Nar. adds,
vijvesha/zz devanaw nitya^raddhe priwanaw nastiti danitam II ‘ It is
indicated (hereby) that the Visvedevas are not gladdened at the
daily -Sraddha/ Medh., Nand., and Ragh. read kimkit, ‘ any (food),’
for ka^it, ‘ any (Brahmawa).’ - Ap. II, 3, 16; Gaut. V, 10 ; Vi. LXVII, 3 (see also the Grz’hya-
sutras, quoted by Professor Jolly on the last passage). The term
- a Brahmawa ‘ is not intended to exclude other Aryans (Medh.,
Nand., Kull., Ragh.).
- Each offering must be presented with a mantra, consisting
of the name of the deity in the dative case and the word ‘ svaha.’
111,91. householder; daily rites. 91
- After having thus duly offered the sacrificial
food, let him throw Bali offerings in all directions
of the compass, proceeding (from the east) to the
south, to Indra, Yama, Varu^a, and Soma, as well
as to the servants (of these deities). - Saying, ‘ (Adoration) to the Maruts,’ he shall
scatter (some food) near the door, and (some)
in water, saying, ( (Adoration to the waters ; ‘ he
shall throw (some) on the pestle and the mortar,
speaking thus, ‘ (Adoration) to the trees/ - Near the head (of the bed) he shall make
an offering to Sri (fortune), and near the foot (of
his bed) to Bhadrakali ; in the centre of the house
let him place a Bali for Brahman and for Vastoshpati
(the lord of the dwelling) conjointly. - Let him throw up into the air a Bali for all
the gods, and (in the day-time one) for the goblins
roaming about by day, (and in the evening one) for
the goblins that walk at night. - In the upper story let him offer a Bali to
Sarvatmabhuti ; but let him throw what remains
(from these offerings) in a southerly direction for
the manes.
87-92. Ap. II, 3, 12-15, 18-4, 9 ; Gaut. V, 11-17 ; Vi. LXVII,
4-22, 26.
- UMrshake, ‘near the head of the bed’ (Medh., ‘others/
Nar., Nand.), means according to Gov., Kull., and Ragh. ‘ in the
north-eastern portion of the house, where the head of the Vastu-
purusha, “the Lar,” is situated.’ Medh. says that the spot is
known as the deva^arawa. The same authorities refer p&data^, ‘at
the foot/ to a spot in the south-west part of the building where the
Lar keeps his feet.
9 1 . Pnsh/^av&stuni, ‘ in the upper story/ or (if the house has
only one) ‘ on the top of the house ‘ (Medh.), may also mean
according to Gov. and Nar. ‘behind the house/ or according
to Nand. ‘ outside the house.’ Instead of ‘ Sarvatmabhuti ‘ (Kull.,
92
LAWS OF MANU.
Ill, 92.
- Let him gently place on the ground (some
food) for dogs, outcasts, Aa^alas (^vapa^), those
afflicted with diseases that are punishments of former
sins, crows, and insects. - That Brahma^a who thus daily honours all
beings, goes, endowed with a resplendent body, by
a straight road to the highest dwelling-place (i. e.
Brahman). - Having performed this Bali offering, he shall
first feed his guest and, according to the rule, give
alms to an ascetic (and) to a student. - A twice-born householder gains, by giving
alms, the same reward for his meritorious act which
(a student) obtains for presenting, in accordance with ‘
the rule, a cow to his teacher.
Ragh.), Nar. and Nand. have ‘ Sarvanubhuti,’ Gov. ‘ Sarvannabhuti.’
NaT. mentions a various reading ‘ Sarvannabhuta/ which seems
to have been also Medh.’s version. The same deity occurs
♦Sahkhayana Grzriya-sutra II, 14, where Professor Oldenberg has
Sarvannabhuti, while the Petersburg Diet, gives Sarvanubhuti.
Probably one of the last two readings is the original one, but
without further parallel passages it is difficult to say which has to
be chosen.
- Instead of te^omurti^, c endowed with a resplendent body/
Kull. and Ragh. read te^omurti, ‘ (to the highest) resplendent
(dwelling-place, i.e. Brahman).’ - Vi. LIX, 14; LXVII, 27; Vas. XI, 5; Baudh. II, 5, 15; Yagn.
I, 107. Bhikshave brahma£ari«e, ‘ to an ascetic and to a student’
(Kull., Ragh.), may mean according to Medh. (who gives Kull.’s
view also), either ‘to a begging student’ or ‘to an ascetic who
is chaste.’ Gov. adopts the former explanation. ‘According to
the rule,’ i. e. ‘ making him wish welfare ‘ (Medh., Nand.) ; see also
Gaut. V, 18. - For vidhivad gurau or guroh, ‘ according to the rule, to his
teacher,’ Nand. reads agor yathavidhi, ‘ according to the rule to
one who has no cow.’ The var. lect. is mentioned by Medh. also.
The ‘ rule ‘ referred to is, according to Gov. and Kull., that given
Yagri. I, 204.
I
111,102. householder; daily rites. 93
- Let him give, in accordance with the rule, to
a Brahma/za who knows the true meaning of the
Veda, even (a small portion of food as) alms, or a
pot full of water, having garnished (the food with
seasoning, or the pot with flowers and fruit). - The oblations to gods and manes, made by
men ignorant (of the law of gifts), are lost, if the
givers in their folly present (shares of them) to
Brahma^as who are mere ashes. - An offering made in the mouth-fire of Brah-
ma^as rich in sacred learning and austerities, saves
from misfortune and from great guilt. - But let him offer, in accordance with the rule,
to a guest who has come (of his own accord) a seat
and water, as well as food, garnished (with seasoning),
according to his ability. ^ - A Brahma^a who stays unhonoured (in the
house), takes away (with him) all the spiritual merit
even of a man who subsists by gleaning ears of corn,
or offers oblations in five fires.
10 1. Grass, room (for resting), water, and fourthly
a kind word ; these (things) never fail in the houses
of good men.
- But a Brahma/za who stays one night only
is declared to be a guest (atithi) ; for because he
stays (sthita) not long (anityam), he is called atithi
(a guest). - Satkrz’tya, ‘having garnished, &c.’ (Kull., Ragh.), means
according to Medh. and Gov. ‘having honoured the recipient’
(with fruits and flowers, Gov.). - Vas. Ill, 8.
99-118. Ap. II, 4, 11, 13-20; 6, 5-9; Gaut. V, 25-45; Vas.
VIII, 4-5, 11-15; Baudh. II, 5, 11-18; 6, 36-37; Vi. LXVII,
28-46; Yagfi. I, 104-109, 1 1 2-1 13.
94 LAWS OF MANU. Ill, 103.
- One must not consider as a guest a Brah-
mao who dwells in the same village, nor one who
I seeks his livelihood by social intercourse, even though
he has come to a house where (there is) a wife, and
where sacred fires (are kept).
- Those foolish householders who constantly
seek (to live on) the food of others, become, in con-
sequence of that (baseness), after death the cattle of
those who give them food. - A guest who is sent by the (setting) sun in
the evening, must not be driven away by a house-
holder; whether he have come at (supper-)time or
at an inopportune moment, he must not stay in the
house without entertainment. - Let him not eat any (dainty) food which he
does not offer to his guest ; the hospitable recep-
tion of guests procures wealth, fame, long life, and
heavenly bliss. - Let him offer (to his guests) seats, rooms,
- Sa#zgatika^, ‘one who seeks his livelihood by social inter-
course,’ is, according to Gov., Kull., and Ragh., ‘one who makes
his living by telling wonderful or laughable stories and the like/
Medh. explains the word first by ‘he who stays being a fellow-
student (sahadhyayi),’ and afterwards by ‘ a Vaisya, or -Sudra, or
a friend who makes friends with everybody, possessing wonderful
or laughable stories and the like, which are indicated by the word
saffzgati/ Nar. says that sa#zgati means sambandha, ‘ connexion,’
that sa/^gatika is ‘one who comes for such a reason.’ Perhaps
the term might be rendered ‘ a visitor on business or pleasure.’
According to Kull. and Ragh., the last clause, ‘ where (there is)
a wife and sacred fires (are kept),’ indicates, that a householder
who has neither, need not entertain guests. But the words are
taken differently by Gov. and Nar., ‘ nor him who travels with
his wife or his fires’ (tatha yatra yasya pravasino ‘pi bharyagnayo
va saha ga£/^anti l etadanyatamaw svagr/ha upasthitam agatam
apyathi atithizrc na vidyat I natithidharmewar^ayet II Nar.). - Gaut.V, 38. ‘The rule refers to the case when many guests
111,113. householder; daily rites. 95
beds, attendance on departure and honour (while
they stay), to the most distinguished in the best
form, to the lower ones in a lower form, to equals
in an equal manner.
- But if another guest comes after the Vabva-
deva offering has been finished, (the householder)
must give him food according to his ability, (but)
not repeat the Bali offering. - A Brahma^a shall not name his family and
(Vedic) gotra in order to obtain a meal ; for he who
boasts of them for the sake of a meal, is called by
the wise a foul feeder (vantaUin).
no. But a Kshatriya (who comes) to the house
of a Brahma^a is not called a guest (atithi), nor a
Vai^ya, nor a .Sudra, nor a personal friend, nor
a relative, nor the teacher.
in. But if a Kshatriya comes to the house of
a Brahma^a in the manner of a guest, (the house-
holder) may feed him according to his desire, after
the above-mentioned Brahma/zas have eaten.
- Even a VaLsya and a 6udra who have ap-
proached his house in the manner of guests, he may I
allow to eat with his servants, showing (thereby) his /
compassionate disposition. - Even to others, personal friends and so forth,
who have come to his house out of affection, he may
come at the same time.’ Upasanam, ‘ honour (while they stay)/
i. e. ‘ sitting with them and talking to them ‘ (Medh.).
- ‘When the Vaijvadeva offering has been finished/ i.e.
‘ when the dinner of the guests is over.’
in. ‘In the manner of a guest/ i.e. ‘having consumed his
provisions while on a journey, being an inhabitant of another
village or arriving at meal-time ‘ (Medh., Gov., Kull.).
- Nar. says, ‘he may cause them to be fed by his servants
in the same manner.’
9 6 LAWS OF MANU. JII,
I
give food, garnished (with seasoning) according to
his ability, (at the same time) with his wife.
- Without hesitation he may give food, even
before his guests, to the following persons, (viz.) to
newly-married women, to infants, to the sick, and
to pregnant women. - But the foolish man who eats first without
having given food to these (persons) does, while he
crams, not know that (after death) he himself will
be devoured by dogs and vultures.
1 1 6. After the Brahma^as, the kinsmen, and the
servants have dined, the householder and his wife
may afterwards eat what remains.
- Having honoured the gods, the sages, men,
the manes, and the guardian deities of the house, the
householder shall eat afterwards what remains. - He who prepares food for himself (alone),
eats nothing but sin ; for it is ordained that the
food which remains after (the performance of) the
sacrifices shall be the meal of virtuous men. - Let him honour with the honey-mixture a
king, an officiating priest, a Snataka, the teacher,
a son-in-law, a father-in-law, and a maternal uncle,
(if they come) again after a full year (has elapsed
since their last visit). - Suvasini^, ‘to newly-married women,’ i.e. ‘daughters-in-
law and daughters/ may also mean according to ‘ others/ quoted
by Medh. and Gov., ‘ females whose fathers or fathers-in-law live.’
Nand. reads svavasinU and explains it by ‘ sisters.’
1 19-120. Ap. II, 8, 5-9; Gaut.V, 27-30; Vas. XI, 1-2; Baudh.
H, 6, 36-37; Y&gn. I, no.
- Guru^, ‘the teacher/ means according to Nar. ‘the teacher
or the sub-teacher.’ Priya^, which according to Gov., Kull., and
Ragh. means ‘ a son-in-law/ is taken by Nar. and Nand. in its
etymological sense, ‘ a friend.’
in, T23. householder; sraddhas. 97
- A king and a vSrotriya, who come on the
performance of a sacrifice, must be honoured with
the honey-mixture, but not if no sacrifice is being
performed ; that is a settled rule. - But the wife shall offer in the evening (a
portion) of the dressed food as a Bali-oblation, with-
out (the recitation of) sacred formulas ; for that (rite
which is called the) Vaisvadeva is prescribed both
for the morning and the evening. - After performing the Pitrzya^a, a Brahma^a
who keeps a sacred fire shall offer, month by month,
on the new-moon day, the funeral sacrifice (.5raddha,
called) Pi^anvaharyaka. - The wise call the monthly funeral offering
to the manes Anvaharya (to be offered after the - According to one opinion, given by Medh., and according
to Gov., Kull., Nar., this rule is a limitation of verse 119, and
means that the two persons mentioned shall not receive the honey-
mixture, except when they come during the performance of a
sacrifice, however long a period may have elapsed since their last
visit. According to another explanation, mentioned by Medh.,
and according to Nand. and Ragh., the verse means that a king
and a -SYotriya, who come before a year since their last visit
elapsed, on the occasion of a sacrifice, shall receive the madhu-
parka. The term »Srotriya refers according to Medh. to a Snataka
or to an officiating priest, according to others quoted by him to
all the persons mentioned in the preceding verse, according to
Gov., Kull., Nar., and Ragh. to a Snataka. The latter is probably
the correct opinion, as a <Srotriya, i. e. one who knows a whole
recension of the Veda, must be a Snataka. Medh. approves of the
reading ya^wakarma^y upasthite.
1 a 1. Nand. omits this verse.
- Yagii. I, 217; Gaut. XV, 2. The sacrifice intended by
the term Pitr/ya^wa, ‘sacrifice offered to the fathers,’ is the so-
called Piw^apitrzya^-na, a -Srauta rite (Ayvalayana, *Srauta-sutra II,.
6-7), and Pi/z^anvaharyaka is another name for the monthly
*S”raddha.
[25] H j
98 LAWS OF MANU. Ill, 124.
cakes), and that must be carefully performed with
the approved (sorts of) flesh (mentioned below).
- I will fully declare what and how many
Brahma^as must be fed on that (occasion), who
must be avoided, and on what kinds of food (they
shall dine). - One must feed two (Brahma^as) at the
offering to the gods, and three at the offering to
the manes, or one only on either occasion ; even
a very wealthy man shall not be anxious (to enter-
tain) a large company. - A large company destroys these five (advan-
tages), the respectful treatment (of the invited, the
propriety of) place and time, purity and (the selec-
tion of) virtuous Brahma^a (guests) ; he therefore
shall not seek (to entertain) a large company. - Famed is this rite for the dead, called (the
sacrifice sacred to the manes (and performed) on
the new-moon day; if a man is diligent in (per-
forming) that, (the reward of) the rite for the
dead, which is performed according to Smarta rules,
reaches him constantly. - Vas. XI, 27; Baudh. II, 15, 10; Vi. LXXIII, 3-4; Gaut.
XV, 8, 21 ; Y&gii. I, 228. The offering to the gods, mentioned in
this verse, is an Ahga or subsidiary rite preceding the offering to
the manes. Medh. takes the first part of this verse in a peculiar
manner, ‘ One must feed two (Brahmawas) at the offering to the
gods, and three (for each ancestor, or nine in all) at the offering
to the manes, or one on either occasion (i.e. one at the offering
to the gods and at the offering to the manes, one for each ancestor,
or three in all).’ - Vas. XI, 28; Baudh. II, 15, n.
- Gov. reads vidhi^ kshaye for vidhukshaye, ‘on the new-
moon day/ and explains the first half of the verse as follows :
- The ceremony called the (sacrifice) to the manes (is) a rite for
the benefit of the dead, (and) prescribed on the new-moon day
Ill, 132. HOUSEHOLDER ; SRADDHAS. 99
- Oblations to the gods and manes must be
presented by the givers to a 6Yotriya alone ; what
is given to such a most worthy Brahma^a yields
great reward. - Let him feed even one learned man at (the
sacrifice) to the gods, and one at (the sacrifice) to
the manes ; (thus) he will gain a rich reward, not
(if he entertains) many who are unacquainted with
the Veda.
1 30. Let him make inquiries even regarding the
remote (ancestors of) a Brahma/za who has studied
an entire (recension of the) Veda ; (if descended from
a virtuous race) such a man is a worthy recipient of
gifts (consisting) of food offered to the gods or to
the manes, he is declared (to procure as great rewards
as) a guest (atithi).
- Though a million of men, unacquainted with
the i?z’/£as, were to dine at a (funeral sacrifice), yet
a single man, learned in the Veda, who is satisfied
(with his entertainment), is worth them all as far as
the (production of) spiritual merit (is concerned). - Food sacred to the manes or to the gods
must be given to a man distinguished by sacred
or in the house, i.e. to be performed by householders, not by men
of other orders.’ Medh., too, mentions another reading, which he
explains much in the same way as Gov., and which therefore may
have been vidhi^ kshaye, though the MSS. read tithikshaye.
- Vas. Ill, 8; Gaut. XV, 9.
- Vi. LXXXII, 2. The examination must extend, as in
the case of officiating priests, to ten ancestors on the mother’s
and the father’s side (Medh., Gov.). - ‘The ivV&is,’ i.e. ‘ the Veda.’ Nar. reads instead of prita^,
‘ who is satisfied,’ yukta^, and combines it with dharmata^, ‘ who
is properly invited.’ Nand. has vipra^, ‘ a Brahmawa/ for prita^.
K. has prima manu vipra^, sec. manu yukta^.
H 2
r”
L-
IOO LAWS OF MANU. Ill, 133.
knowledge ; for hands, smeared with blood, cannot
be cleansed with blood.
- As many mouthfuls as an ignorant man swal-
lows at a sacrifice to the gods or to the manes, so
many red-hot spikes, spears, and iron balls must (the
giver of the repast) swallow after death. - Some grJ,hma;zas are devoted to (the pur-
suit of) knowledge, and others to (the performance…
of) austerities ; some to austerities and to the reci-
tation of the Veda, and others to (the performance
of) sacred rites. - Oblations to the manes ought to be care-
fully presented to those devoted to knowledge, but
offerings to the gods, in accordance with the reason
(of the sacred law), to (men of) all the four (above-
mentioned classes). - If there is a father ignorant of the sacred
texts whose son has learned one whole recension
of the Veda and the Angas, and a son ignorant of
the sacred texts whose father knows an entire recen-
sion of the Veda and the Arigas, - Nar. thinks that the eater, not the giver of the feast will
bear the punishment. Medh. gives both this explanation and that
adopted in the translation. Nar. explains ri’sh/i, ‘ spear,’ by kha^/ga,
‘ sword.’ Nand. reads hulan for gudan, ‘ balls,’ and says that hula
means ‘ a double-edged sword.’ - ‘ Knowledge,’ i. e. ‘ the knowledge of the supreme soul’
(Medh., Gov., Kull., Nar., Ragh.). Medh. and Nar. say that
ascetics, hermits, students, and householders are intended by the
four divisions mentioned in the text. - Vas. XI, 17; Baudh. II, 14, 3. The verse indicates that
ascetics are particularly desirable guests.
136-137. Kull. remarks that the object of the verse is to teach
that at a -Sraddha the learned son of a learned father is to be
entertained, but not to permit the admission of a fool whose father
is learned.
111,143- householder; sraddhas. ioi
- Know that he whose father knows the Veda,
is the more venerable one (of the two) ; yet the other
one is worthy of honour, because respect is due to
the Veda (which he has learned). - Let him not entertain a personal friend at
a funeral sacrifice ; he may gain his affection by
(other) valuable gifts ; let him feed at a 6raddha
a Brahma^a whom he considers neither as a foe
nor as a friend.
1 39. He who performs funeral sacrifices and offer-
ings to the gods chiefly for the sake of (gaining)
friends, reaps after death no reward for 6raddhas
and sacrifices.
- That meanest among twice-born men who
in his folly contracts friendships through a funeral
sacrifice, loses heaven, because he performed a
•SYaddha for the sake of friendship. - A gift (of food) by twice-born men, con-
sumed with (friends and relatives), is said to be
offered to the Pisa^as ; it remains in this (world)
alone like a blind cow in one stable. - As a husbandman reaps no harvest when
he has sown the seed in barren soil, even so the
giver of sacrificial food gains no reward if he pre-
sented it to a man unacquainted with the Rikas. - But a present made in accordance with the
rules to a learned man, makes the giver and the
138-148. Ap. II, 17, 4-6; Gaut. XV, 12-14; Baudh. II, 14, 6;
Ya^». I, 220.
- Ap. II, 17, 8-9. According to Medh., Gov., Kull., and
Ragh. paira/fci means ‘ offered after the manner of the PLya/fcas.’
But the version given above, which follows Nar. and Nand., is
supported by the ancient verse, quoted by Apastamba, from which
Manu’s Sloka is probably derived.
102
LAWS OF MANU.
Ill, fi
recipient partakers of rewards both in this (life) 2
after death.
- (If no learned Brahma^a be at hand), he
may rather honour a (virtuous) friend than an
enemy, though the latter may be qualified (by
learning and so forth) ; for sacrificial food, eaten by
a foe, bears no reward after death. - Let him (take) pains (to) feed at a .Sraddha
an adherent of the J^tg-veda, who has studied one
entire (recension of that) Veda, or a follower of the
Ya^ur-veda who has finished one 6akha, or a
singer of Samans who (likewise) has completed (the
study of an entire recension). - If one of these three dines, duly honoured,
at a funeral sacrifice, the ancestors of him (who
gives the feast), as far as the seventh person, will
be satisfied for a very long time. - This is the chief rule (to be followed) in
offering sacrifices to the gods and manes ; know
that the virtuous always observe the following sub-
sidiary rule. - One may also entertain (on such occasions)
one’s maternal grandfather, a maternal uncle, a
sister’s son, a father-in-law, one’s teacher, a
daughter’s son, a daughter’s husband, a cognate
kinsman, one’s own officiating priest or a man for
whom one offers sacrifices. - For a rite sacred to the gods, he who knows
the law will not make (too close) inquiries regarding
an (invited) Brahma/za ; but when one performs a - Bandhum, ‘a cognate kinsman* (Kull., Ragh.), is taken by
Medh. and Gov. in its widest sense, * any remoter kinsman ‘ (sago-
tradi/$).
149- Vi. LXXXII, 1-2.
in, 154- householder; sraddhas. 103
ceremony in honour of the manes, one must care-
fully examine (the qualities and parentage of the
guest).
- Manu has declared that those Brahma^as
who are thieves, outcasts, eunuchs, or atheists are
unworthy (to partake) of oblations to the gods
and manes. - Let him not entertain at a .Sraddha one who
wears his hair in braids (a student), one who has not
studied (the Veda), one afflicted with a skin-disease,
a gambler, nor those who sacrifice for a multitude
(of sacrificers). - Physicians, temple-priests, sellers of meat,
and those who subsist -by shop-keeping must be
avoided at sacrifices offered to the gods and to the
manes. - A paid servant of a village or of a king, a
man with deformed nails or black teeth, one who
opposes his teacher, one who has forsaken the
sacred fire, and a usurer ; - One suffering from consumption, one who
subsists by tending cattle, a younger brother who
150-182. Ap. II, 17, 21; Gaut. XV, 16-19, 30-31; Vas. XI,
19 ; Vi. LXXXII, 3-30 ; Yagri. I, 222-224.
1 50. For the term nastikavrz’tti, ‘ atheist,’ Medh. proposes, besides
the explanation given above, the other equally possible one, ‘ he who
derives his livelihood from atheists.’
- Anadhiyanaw, ‘ one who has not studied the Veda/ i. e.
1 one who has been initiated only, but has not studied ‘ (Kull.), or
1 one who has not mastered the Veda ‘ (Medh.), or ‘ one who has left
off studying’ (Nar.). Medh. and Nand. read durvalam for durbalam,
‘ afflicted with a skin-disease,’ and the former explains his var. lect.
by ‘a bald or a red-haired man.’ ‘Those who sacrifice for a
multitude/ i. e. * who offer the (forbidden) Ahina sacrifices, for on
that occasion there are many sacrificers’ (Nar.). - Nirakr/ti/^/one who neglects the five great sacrifices ‘(Medh.,
104 LAWS OF MANU. Ill, 155.
marries or kindles the sacred fire before the elder,
one who neglects the five great sacrifices, an enemy
of the Brahma^a race, an elder brother who marries
or kindles the sacred fire after the younger, and one
who belongs to a company or corporation,
- An actor or singer, one who has broken the
vow of studentship, one whose (only or first) wife is
a .5udra female, the son of a remarried woman, a
one-eyed man, and he in whose house a paramour
of his wife (resides) ; - He who teaches for a stipulated fee and he
who is taught on that condition, he who instructs
.Sudra pupils and he whose teacher is a .Sudra, he who
speaks rudely, the son of an adulteress, and the son
of a widow, - He who forsakes his mother, his father, or
a teacher without a (sufficient) reason, he who has
Kull., Ragh.), means according to Gov. ‘one who forsakes the
Vedas (and the rest),’ according to Nar. and Nand. ‘ one who does
not recite the Veda privately/ or ‘ who has forgotten it.’ Ga«a-
bhyantara^, ‘ one who belongs to a company or corporation/ i.e.
‘ of men who live by one trade ‘ (Medh., Gov., Nar.), is further ex-
plained by Nar. by ‘ the headman of a village/ or ‘ the leader of
a caravan.’ According to Kull. and Ragh. it means ‘one who
misappropriates the money of a corporation.’
- Kusilava, ‘an actor or singer/ is, as Medh. states, a very
wide term, including all ‘ bards, actors, jugglers, dancers, singers,
and the like.’ Kull. wrongly understands by avakirwin, ‘ one who
has broken the vow of studentship/ an ascetic also who has become
unchaste. Such an ascetic is called aru^apatita. - Vagdush/a^, ‘one who speaks rudely/ means according to
‘ others/ quoted by Medh. and Kull., ‘ one who is accused of a
great crime ‘ (abhi^asta). - According to Nar. guro/$, ‘a teacher/ denotes the aHrya
alone. Medh. blames this explanation, and refers it to the sub-
teacher. The same explains kundasi, ‘ he who eats the food of the
son of an adulteress/ by ‘ a glutton who eats sixty Palas of rice.’
Ill, 160. HOUSEHOLDER J SRADDHAS. 105
contracted an alliance with outcasts either through
the Veda or through a marriage,
- An incendiary, a prisoner, he who eats the
food given by the son of an adulteress, a seller of
Soma, he who undertakes voyages by sea, a bard,
an oil-man, a suborner to perjury, - He who wrangles or goes to law with his
father, the keeper of a gambling-house, a drunkard,
he who is afflicted with a disease (in punishment of
former) crimes, he who is accused of a mortal sin, a
hypocrite, a seller of substances used for flavouring
food, - A maker of bows and of arrows, he who
lasciviously dallies with a brothers widow, the be-
trayer of a friend, one who subsists by gambling,
he who learns (the Veda) from his son, - Agaradahi, ‘an incendiary/ includes according to averse,
quoted by Nand. also, ‘ one who burns corpses for money/ Ku/a-
karaka/$, ‘ a suborner to perjury ‘ (Gov., Kull.), means according
to Medh. and Ragh. ‘a false witness/ according to Nar. and
Nand. ‘any one who commits fraud/ e.g. a forger, a falsifier
of weights and measures. ‘ Others ‘ quoted by Medh. explain
somavikrayin as ‘one who sells (the merit gained by) Soma
(sacrifices).’ - ‘He who wrangles or goes to law with his father/ e.g.
who forces him to divide the family estate (Medh.), see Gaut. XV, - Kitava^, ‘the keeper of a gambling-house’ (Medh.), means
according to Gov. and Nand. ‘one who makes others play for
himself,’ according to Nar. ‘ a gambler for pleasure/ and according
to Nand. ‘ a rogue.’ ‘ Others/ however, read kekara^, ‘ a squinting
man/ and construe it with madyapa^, ‘ a drunkard ‘ (Medh., Gov.,
Kull., Nar., Nand., Ragh.). Rasa, ‘ substances used for flavouring
food/ e.g. ‘ sugar-cane juice ‘ (Gov., Kull, Ragh.), ‘molasses’ (Nar.).
Medh. explains rasada^ by vishada^, ‘ a poisoner/ - I accept Gov/s and Ragh.’s explanation of agredidhishu-
pati, who believe it to be equivalent to didhishupati explained
below, verse 173. Kull. and Nand. take it as ‘the husband of
a younger sister married before the elder/ and Medh. as an
io6
LAWS OF MANU.
Ill, 161.
- An epileptic man, one who suffers from scro-
fulous swellings of the glands, one afflicted with
white leprosy, an informer, a madman, a blind man,
and he who cavils at the Veda must (all) be
avoided. - A trainer of elephants, oxen, horses, or
camels, he who subsists by astrology, a bird-fancier,
and he who teaches the use of arms, - He who diverts water-courses, and he who
delights in obstructing them, an architect, a mes-
senger, and he who plants trees (for money), - A breeder of sporting-dogs, a falconer, one
who defiles maidens, he who delights in injuring
living creatures, he who gains his subsistence from
^udras, and he who offers sacrifices to the Ga^as, - He who does not follow the rule of conduct,
a (man destitute of energy like a) eunuch, one who
constantly asks (for favours), he who lives by agri-
irregular compound consisting of agredidhishupati and didhishu-
pati, see Gaut. XV, 16. Though in some Smn’tis agredidhishu-
pati has the meaning given by Kull., it seems here inadmissible,
on account of verse 173, which is meaningless, if it is not meant
to explain this term. Dyutavrz’tti^, ‘ one who subsists by gambling,’
means according to Medh. ‘ one who makes others play for his
profit/ according to Gov., Kull., and Ragh. ‘the keeper of a
gambling-house/ Nar. and Nand. take it in its literal meaning.
- Pakshbaw poshaka/^, {a bird-fancier,’ means according to
Medh. ‘ a trainer of hunting-falcons and hawks/ - The commentators mention a var. lect. vrzshalaputra^, ‘one
who has only sons by a -Sudra wife,’ for • one who gains his subsist-
ence from -Sudras.’ Nar. and Nand. explain ga^anaw yag-aka^ by
‘one who sacrifices for ga«as,’ i.e. many people or guilds. Accord-
ing to the explanation of Medh., Gov., Kull., and Ragh., which has
been translated above, the performance of the Vinayaka or Ganesi-
homa (Y&gn. I, 270-294) may be meant. But it is also possible
to think of the Gawahomas, which according to Baudh. IV, 8, 1
must not be performed for others.
in, 171. HOUSEHOLDER J SRADDHAS. IO7
culture, a club-footed man, and he who is censured
by virtuous men,
- A shepherd, a keeper of buffaloes, the hus-
band of a remarried woman, and a carrier of dead
bodies, (all these) must be carefully avoided. - A Brahma^a who knows (the sacred law)
should shun at (sacrifices) both (to the gods and to
the manes) these lowest of twice-born men, whose
conduct is reprehensible, and who are unworthy (to
sit) in the company (at a repast). - As a fire of dry grass is (unable to consume
the offerings and is quickly) extinguished, even so
(is it with) an unlearned Brahma^a ; sacrificial food
must not be given to him, since it (would be) offered
in ashes. - I will fully declare what result the giver
obtains after death, if he gives food, destined for the
gods or manes, to a man who is unworthy to sit in
the company. - The Rakshasas, indeed, consume (the food)
eaten by Brahma^as who have not fulfilled the vow
of studentship, by a Parivettrz and so forth, and by
other men not admissible into the company. - He must be considered as a Pari vettrz who
- According to Medh. and Gov. the object of this verse is
to admit virtuous and learned men, afflicted with bodily defects,
as guests at rites in honour of the gods ; see Vas. XI, 20. Kull.
thinks that the injunction to avoid ignorant men is repeated here
in order to show that they are as unfit as real ‘defilers of the
company/ - Avratai/^, ‘who have not fulfilled the vow of studentship’
(Gov., Kull., Ragh.), means according to Medh. ‘of bad conduct/
and according to Nar. ‘ who do not observe the rules prescribed
for a Snataka and so forth/ - Usually a person who kindles the sacred fire before his elder
brother is called a Paryadhatrz, and the elder brother a Paryahita.
108 LAWS OF MANU. Ill, 172.
marries or begins the performance of the Agnihotra
before his elder brother, but the latter as a Parivitti.
- The elder brother who marries after the
younger, the younger brother who marries before
the elder, the female with whom such a marriage is
contracted, he who gives her away, and the sacri-
ficing priest, as the fifth, all fall into hell. - He who lasciviously dallies with the widow
of a deceased brother, though she be appointed (to
bear a child by him) in accordance with the sacred
law, must be known to be a Didhishupati.
1 74. Two (kinds of) sons, a Ku^a and a Golaka,
are born by wives of other men ; (he who is born)
while the husband lives, will be a Ku»rfa, and (he who
is begotten) after the husband’s death, a Golaka.
- But those two creatures, who are born of
wives of other men, cause to the giver the loss (of
the rewards), both in this life and after death, for the
food sacred to gods or manes which has been given
(to them).
1 76. The foolish giver (of a funeral repast) does
not reap the re ward. for as many worthy guests as a
man, inadmissible into company, can look on while
they are feeding.
- A blind man by his presence causes to the
giver (of the feast) the loss of the reward for ninety
(guests), a one-eyed man for sixty, one who suffers
from white leprosy for a hundred, and one punished
by a (terrible) disease for a thousand.
1 78. The giver (of a .Sraddha) loses the reward,
- Baudh. II, 1, 39.
- Regarding the diseases which are punishments for sins
committed in a former life, see below, XI, 49 seq. - Paurtikam, ‘ due for such a non-sacrificial gift/ i.e. ‘for one
Ill, 183. HOUSEHOLDER J SRADDHAS. IO9
due for such a non-sacrificial gift, for as many Brah-
ma^as as a (guest) who sacrifices for 6udras may
touch (during the meal) with his limbs.
- And if a Brahma^a, though learned in the
Veda, accepts through covetousness a gift from such
(a man), he will quickly perish, like a vessel of
unburn t clay in water. - (Food) given to a seller of Soma becomes
ordure, (that given) to a physician pus and blood,
but (that presented) to a temple-priest is lost, and
(that given) to a usurer finds no place (in the world
of the gods). - What has been given to a Brahma//a who
lives by trade that is not (useful) in this world and
the next, and (a present) to a Brahma^a born of
a remarried woman (resembles) an oblation thrown
into ashes. - But the wise declare that the food which
(is offered) to other unholy, inadmissible men, enu-
merated above, (is turned into) adipose secretions,
blood, flesh, marrow, and bone. - Now hear by what chief of twice-born men
which is given outside the sacrificial enclosure* (Medh., Gov.), or
‘for the gift of food at a -Sraddha’ (Kull., Ragh.).
179.’ From such a man/ i. e. ‘from one who sacrifices for -Sudras/
- The meaning is that the giver will be born in his next life
among the animals, feeding on the unclean substances enumerated
(Medh., Gov., Kull, Ragh.), or that the food will be rejected by
the manes and the gods as impure (Nar.). Apratish/^am, ‘ finds no
place’ (Medh., Gov., Kull., Ragh.), means according to Nar. and
Nand. ‘ secures no fame (to the giver).’ - According to Medh., Gov., Kull., and Ragh., it must be
understood that the giver will be born in his next existence as a
worm, feeding on the substances mentioned.
183-186. Ap. II, 17, 22; Gaut. XV, 28, 31; Vas. Ill, 19 ;
Baudh. II, 14, 2-3; Vi. LXXXIII; Yagfi. I, 219-221.
IIO LAWS OF MANU. 111,184.
a company defiled by (the presence of) unworthy
(guests) is purified, and the full (description of) the
Brahma^as who sanctify a company.
- Those men must be considered as the sanc-
tifiers of a company who are most learned in all the
Vedas and in all the Angas, and who are the
descendants of .Srotriyas. - A Trma&keta, one who keeps five sacred
fires, a Trisupama, one who . is versed in the six
Angas, the son of a woman married according to
the Brahma rite, one who sings the Gyesh/^asaman,
1 &6. One who knows the meaning of the Veda, and
he who expounds it, a student, one who has given
a thousand (cows), and a centenarian must be con-
sidered as Brahma^as who sanctify a company.
- On the day before the .Sraddha-rite is per-
formed, or on the day when it takes place, let him
invite with due respect at least three Brahma^as,
such as have been mentioned above. - A Brahma^a who has been invited to a (rite)
in honour of the manes shall always control himself
and not recite the Veda, and he who performs the
.Sraddha (must act in the same manner). - Regarding the term Tri«a/£iketa, see Ap. II, 17, 22, note.
Vankagni/iy ‘ one who keeps five sacred fires’ (Medh., ‘others/ Gov.,
Kull., Nand., Ragh.), means according to Medh. and Nar. ‘one
who knows the parcMgnividya, taught in the A^andogyopanishad
IV, 10 seq. Trisupanza means according to Medh., Nar., and Nand.
‘ one who knows the texts Taitt. Ar. X, 38-40 ; but according to
Gov., Kull., and Ragh. ‘one who knows the portion of the Rig-veda
called Trisuparwa, Rig-veda X, 114, 3-5. - Nand. explains brahma£ari, ‘a student,’ by ‘a chaste man’
(see above, verse 50). - Ap. II, 17, 11-15; Vas. XI, 17; Yagn. I, 225.
- Gaut. XV. 23 ; Yagn. I, 225. ‘Control himself,’ i.e. ‘remain
chaste/
Ill, 195. HOUSEHOLDER ; SRADDHAS. 1 1 I
- For the manes attend the invited Brahma/zas,
follow them (when they walk) like the wind, and sit
near them when they are seated. - But a Brahma/za who, being duly invited to
a rite in honour of the gods or of the manes, in
any way breaks (the appointment), becomes guilty
(of a crime), and (in his next birth) a hog. - But he who, being invited to a .Sraddha,
dallies with a 6iidra woman, takes upon himself all
the sins which the giver (of the feast) committed. - The manes are primeval deities, freejfrom
anger, careful of purity, ever chaste, averse from
strife, and endowed with great virtues. - Now learn fully from whom all these (manes
derive) their origin, and with what ceremonies they
ought to be worshipped. - The (various) classes of the manes are de-
clared to be the sons of all those sages, MarL£i and
the rest, who are children of Manu, the son of
Hira/zyagarbha. - The Somasads, the sons of Vira^, are stated
to be the manes of the Sadhyas, and the Agnish- - ‘Like the wind/ i.e. ‘like the vital air, the breath’ (Medh.,
Gov., Kull.). Medh. thinks that the manes enter the body of the
invited guests. - Medh. explains atikraman, ‘ breaks the appointment’ (Gov.,
Kull., Nar., R&gh.), by ‘ breaks the rules of chastity and the like.’
Medh. mentions a second ‘ improper’ explanation given by ‘others/
‘ does not accept the invitation.’ - Medh., Gov., Nand., and Ragh. take vrzshali, ‘a Sudra
woman/ in the sense of ‘ his lascivious wife.’ Probably the word
is used in its proper sense and indicates, as Nar. states, that inter-
course with a *Sudra wife is the worst offence in such a case. - ‘MarUi and the rest,’ see above, I, 35.
- Nar., Nand., and K. prima manu read Somasuta/^ for
Somasada^.
rim! s
I I 2 LAWS OF MANU. Ill, 196.
vattas, the children of Mari/£i, are famous in the
world (as the manes) of the gods.
- The Barhishads, born of Atri, are recorded
to be (the manes) of the Daityas, Danavas, Yakshas,
Gandharvas, Snake-deities, Rakshasas, Supar/zas, and
Kiwnaras, - The Somapas those of theBrahma^as,theHa-
virbhu£*s those of the Kshatriyas, the A^yapas those
of the VaLsyas, but the Sukalins those of the .Sudras. - The Somapas are the sons of Kavi (Bhrigu),
the Havishmats the children of Angiras, the A^yapas
the offspring of Pulastya, but the Sukalins (the issue)
of Vasish^a. - One should know that (other classes), the
Agnidagdhas, the Anagnidagdhas, the Kavyas, the
Barhishads, the Agnishvattas, and the Saumyas, are
(the manes) of the Brahma^as alone. - But know also that there exist in this (world)
countless sons and grandsons of those chief classes
of manes which have been enumerated. - From the sages sprang the manes, from the
manes the gods and the Danavas, but from the gods
the whole world, both the movable and the immov-
able in due order.
V 202. Even water offered with faith (to the manes)
- Medh. and Gov. place the Anagnidagdhas first. Nar. reads
at the end of the first half- verse bahun, ‘ many/ instead of tatha,
and Nand. has vahan. The translation follows the explanation
given by Gov., Kull., and Ragh. The other three commentators
say that this verse gives partly different names for the several classes
of manes, enumerated in the preceding verses. But their explana-
tions are not very clear, and they are forced to ignore or transpose
the particle eva which stands after viprawam. The verse probably
contains a second classification of the manes, which differs from
the preceding, because it is based on a different tradition. - Akshayayapakalpate, ‘produces endless (bliss),’ (Gov., Kull.),
111,207. householder; sraddhas. 113
in vessels made of silver or adorned with silver,
produces endless (bliss).
- For twice-born men the rite in honour of
the manes is more important than the rite in honour
of the gods ; for the offering to the gods which pre-
cedes (the .Sraddhas), has been declared to be a
means of fortifying (the latter). - Let him first invite a (Brahma^a) in honour
of the gods as a protection for the (offering to the
manes) ; for the Rakshasas destroy a funeral sacri-
fice which is left without such a protection. - Let him make (the ,5raddha) begin and end
with (a rite) in honour of the gods ; it shall not begin
and end with a (rite) to the manes ; for he who makes
it begin and end with a (rite) in honour of the
manes, soon perishes together with his progeny. * - Let him smear a pure and secluded place i
with cowdung, and carefully make it sloping towards
the south. - The manes are always pleased with offerings
made in open, naturally pure places, on the banks
of rivers, and in secluded spots.
means according to Medh. ‘affords to them imperishable satis-
faction.’
- The rite in honour of the gods meant is the Vai^vadeva
which precedes each -Sraddha. - The above translation of the first half-verse follows Medh.,
Gov., and Kull. It is, however, not impossible to take, with Sir
W. Jones, daivaw as a neuter, and to translate, ‘ Let him first per-
form the rite in honour of the gods as a protection for the (Sraddha).’ - The meaning of the verse is that the Brahmawas, fed at the
Vawvadeva which precedes the -SYaddha, must be invited and served
before and dismissed after the Brahma/zas entertained in honour of
the manes (Medh., Kull., Nar.). See also below, verse 209. - Ap. II, 18, 14; Gaut. XV, 25; Yagii. I, 227.
- Vi. LXXXV, 54-63. iToksheshu, ‘ naturally pure’ (Medh.,
[25] I
ir
*■
114 LAWS OF MANU. Ill, 208.
- The (sacrificer) shall make the (invited)
Brahma/zas, who have duly performed their ablu-
tions, sit down on separate, prepared seats, on which
blades of Kusa. grass have been placed. - Having placed those blameless Brahma/zas
on their seats, he shall honour them with fragrant
garlands and perfumes, beginning with (those who
are invited in honour of) the gods. - Having presented to them water, sesamum
grains, and blades of Ku^a grass, the Brahma^a
(sacrificer) shall offer (oblations) in the sacred fire,
after having received permission (to do so) from
(all) the Brahma^a (guests) conjointly. - Having first, according to the rule, performed,
as a means of protecting (the 6raddha), oblations to
Agni, to Soma, and to Yama, let him afterwards
satisfy the manes by a gift of sacrificial food. - But if no (sacred) fire (is available), he shall
place (the offerings) into the hand of a Brahma^a ;
for Brahma^as who know the sacred texts declare,
1 What fire is, even such is a Brahma^a.’ - They (also) call those first of twice-born men
the ancient deities of the funeral sacrifice, free from
anger, easily pleased, employed in making men
prosper.
Gov., Kull., Nar.) or ‘lovely’ (Nand., Ragh.), ‘ such as forest glades’
(Kull.).
- Ya^ra. I, 226. 209. Vi. LXXIII, 2; YSgn. I, 231.
- Vi. LXXXIII, 5; Ap. II, 17, 17-19; Baudh. II, 14, 7;
Ya^w. I, 229. - Vi. LXXIII, 12; Baudh. II, 14, 7.
- Afvalayana Grzhya-sutra IV, 8, 5-6. Cases, where a sacred
fire is wanting, are those in which a child, an unmarried man, or a
widower perform a »Sraddha (Medh., Kull., Nar.). - The object of the verse is to show why the offerings may
111,217. householder; sraddhas. 115
- After he has performed (the oblations) in
the fire, (and) the whole series of ceremonies in such
a manner that they end in the south, let him sprinkle
water with his right hand on the spot (where the
cakes are to be placed). - But having made three cakes out of the
remainder of that sacrificial food, he must, concen-
trating his mind and turning towards the south, place
them on (Kara grass) exactly in the same manner
in which (he poured out the libations of) water. - Having offered those cakes according to the
(prescribed) rule, being pure, let him wipe the same
hand with (the roots of) those blades of Kusa, grass
for the sake of the (three ancestors) who partake
of the wipings (lepa). - Having (next) sipped water, turned round
(towards the north), and thrice slowly suppressed
be placed into the hands of the guests. The epithet ‘ ancient’ is
explained to mean * produced in the kalpa when the Sadhyas were
created’ (Medh.), or ‘those whose succession has been uninterrupted
since immemorial times’ (Gov., Kull, Ragh.), or ‘those who were
produced before all other castes’ (Nar.), or ‘those who receive
gifts before others’ (Ragh.). Medh. prefers, however, to read pura-
tana^, ‘the ancients call,’ &c, and this seems to have stood in
Nand.’s text too.
- ‘ The whole series of ceremonies,’ i.e. ‘ the acts of sprinkling
water and strewing Kusa grass round the fire and so forth, which
are subsidiary to the oblations in the fire.’ Apasavyam, ‘ in such a
manner that they end in the south’ (dakshiwasawstham), means
according to Nar., pra/£inavitena, ‘ passing the sacrificial string over
the right shoulder and under the left arm.’ Apasavyena hastena,
‘with his right hand’ (Medh. ‘others,’ Kull, Ragh.), means accord-
ing to Medh., Gov., Nar., and Nand.,’ out of the Tirtha of the right
hand which is sacred to the manes’ (see above, II, 59). - The three ancestors meant are the great-grandfather, his
father and grandfather; seeVi. LXXIII, 22. - The texts to be pronounced are, ‘Adoration to Spring !’&c,
I 2
n6
LAWS OF MANU.
Ill, 218.
his breath, (the sacrificer) who knows the sacred
texts shall worship (the guardian deities of) the six
seasons and the manes.
- Let him gently pour out the remainder of
the water near the cakes, and, with fixed attention,
smell those cakes, in the order in which they were
placed (on the ground). - But taking successively very small portions
from the cakes, he shall make those seated Brah-
ma/zas eat them, in accordance with the rule, before
(their dinner). - But if the (sacrificer s) father is living, he
must offer (the cakes) to three remoter (ancestors) ;
or he may also feed his father at the funeral sacri-
fice as (one of the) Brahma/za (guests). - But he whose father is dead, while his grand-
father lives, shall, after pronouncing his father’s
name, mention (that of) his great-grandfather. - Manu has declared that either the grand-
father may eat at that 6Yaddha (as a guest), or (the
and afterwards, ‘ Adoration to you, oh manes ! ‘ &c. Before he recites
the latter texts, the worshipper must turn round towards the south.
- Vi. LXXIII, 23. ‘ The remainder of the water,’ i. e. ‘ which
is contained in the vessel from which he took the water for sprinkling
the ground’ (verse 214). - ‘Those seated Brahmawas,’ i.e. ‘those invited for the
funeral rite, not those invited for the preceding rite in honour of
the gods.’ i According to the rule/ i. e. ‘ giving to the representa-
tive of the father a piece from the cake offered to the manes of the
father and so forth’ (Kull.), or ‘ after they have sipped water and so
forth’ (Nar.). Nand. inserts here verse 223, and states that it is
explanatory of the term ‘ according to the rule.’ - Vi. LXXV, 1, 4. Nar. adds that this case happens when
a son has kindled the sacred fire during his father’s lifetime,
because then the Pi/zdapitrzya^a and afterwards the Parvawa
*Sraddha must be performed.
221-222. Vi. LXXV, 6.
i
Ill, 229. HOUSEHOLDER J SRADDHAS. I I 7
grandson) having received permission, may perform
it, as he desires.
- Having poured water mixed with sesamum,
in which a blade of Kusa. grass has been placed,
into the hands of the (guests), he shall give (to each)
that (above-mentioned) portion of the cake, saying,
- To those, Svadha ! ‘
- But carrying (the vessel) filled with food
with both hands, the (sacrificer) himself shall gently
place it before the Brahma^as, meditating on the
manes. - The malevolent Asuras forcibly snatch away
that food which is brought without being held with
both hands. - Let him, being pure and attentive, carefully
place on the ground the seasoning (for the rice),
such as broths and pot herbs, sweet and sour milk,
and honey, - (As well as) various (kinds of) hard food
which require mastication, and of soft food, roots,
fruits, savoury meat, and fragrant drinks. - All this he shall present (to his guests), and,
being pure and attentive, successively invite them
to partake of each (dish), proclaiming its qualities. ^
- Let him on no account drop a tear, become
angry or utter an untruth, nor let him touch the j\
food with his foot nor violently shake it. ))D^T
- Vi. LXXIII, 23. This rule is a supplement to verse 220.
Instead of the pronoun the names are to be used (Medh., Gov.). - Vas. XI, 25; Baudh. II, 15, 3.
- Vi. LXXIX, 19-21; LXXXI, 1; Yagn. I, 239. Avadhu-
nayet, ‘nor violently shake it,’ is explained according to Medh.
by ‘others,’ ‘nor remove the dust with his dress.’ Nand. places
verse 230 immediately after verse 228.
I 1 8 LAWS OF MANU. Ill, 230.
- A tear sends the (food) to the Pretas, anger
to his enemies, a falsehood to the dogs, contact with
his foot to the Rakshasas, a shaking to the sinners. - Whatever may please the Brahma/zas, let
him give without grudging it ; let him give riddles
from the Veda, for that is agreeable to the manes. - At a (sacrifice in honour) of the manes, he
must let (his guests) hear the Veda, the Institutes
of the sacred law, legends, tales, Pura^as, and
Khilas. - Himself being delighted, let him give delight
to the Brahma;zas, cause them to partake gradually
and slowly (of each dish), and repeatedly invite
(them to eat) by (offering) the food and (praising)
its qualities. - Let him eagerly entertain at a funeral sacri-
fice a daughter’s son, though he be a student, and
let him place a Nepal blanket on the seat (of each
guest), scattering sesamum grains on. the ground. - Yagn. I, 239. Brahmodya^ katha-6, ‘let him give riddles
from the Veda,’ such as those collected in the Awalayana *Srauta-
sutra X, 9, 2 (Medh., Nand.). Medh. thinks that the term
brahmodya may also refer to Vedic stories, such as that of the
fights of the Devas and Asuras, or of Sarama and the Pams,
and he mentions a var. lect. brahmadya^, ‘conversations regard-
ing the Brahman, the supreme soul/ This latter explanation is
adopted by Gov., Kull, Nar., and Ragh., though the text every-
where has brahmodya^. As the Brahmodya-riddles were a favourite
recreation of the priests during the tedious performance of their
sacrifices, it is not doubtful that the explanation given in the trans-
lation is the only admissible one. - Baudh. II, 14, 5; Vi. LXXIII, 16; Ya^n. I, 239^ ‘Khilas,’
i. e. ‘ the apocrypha of the Veda, such as the -Srisukta.’ ‘ Akhyanani
legends, such as the Sauparwa, the Maitravaruwa’ (Medh., Gov.,
Kull., Ragh.), or ‘such as occur in the Brahma«as’ (Nar.), or ■ the
death of Kawsa and so forth’ (Nand.).
J
111,242. householder; sraddhas.
no
hp
- There are three means of sanctification, (to
be used) at a 6raddha, a daughter’s son, a Nepal
blanket, and sesamum grains ; and they recommend
three (other things) for it, cleanliness, suppression
of anger, and absence of haste. - All the food must be very hot, and the
(guests) shall eat in silence ; (even though) asked
by the giver (of the feast), the Brahma^as shall not
proclaim the qualities of the sacrificial food. - As long as the food remains warm, as long
as they eat in silence, as long as the qualities of the
food are not proclaimed, so long the manes partake
(of it). - What (a guest) eats, covering his head, what
he eats with his face turned towards the south, what
he eats with sandals on (his feet), that the Rakshasas
consume. - A Aa#dala, a village pig, a cock, a dog, a |
menstruating woman, and a eunuch must not look
at the Brahma^as while they eat. >^jf - What (any of) these sees at a burnt-oblation,
at a (solemn) gift, at a dinner (given to Brahma/zas),
or at any rite in honour of the gods and manes, that
produces not the intended result. - A boar makes (the rite) useless by inhaling
the smell (of the offerings), a cock by the air of his
wings, a dog by throwing his eye (on them), a low-
caste man by touching (them). - If a lame man, a one-eyed man, one deficient
- Vas. XI, 35-36. 236. Vi. LXXXI, n, 20.
- Vi. LXXXI, 20; Vas. XI, 32.
- Vi. LXXXI, 12-14.
- Ap. II, 17, 20; Gaut. XV, 24.
- ‘A low-caste man,’ i.e. ‘a -Sudra.’
- Vi. LXXXI, 15-16. According to Medh., Gov., and Kull., \
120 LAWS OF MANU. 111,243.
in a limb, or one with a redundant limb, be even
the servant of the performer (of the .Sraddha), he
also must be removed from that place (where the
.Sraddha is held).
- To a Brahma/za (householder), or to an
ascetic who comes for food, he may, with the per-
mission of (his) Brahma^a (guests), show honour
according to his ability. - Let him mix all the kinds of food together,
sprinkle them with water and put them, scattering
them (on Kusa grass), down on the ground in front
of (his guests), when they have finished their meal. - The remnant (in the dishes), and the portion
scattered on Kusa grass, shall be the share of
deceased (children) who received not the sacrament
(of cremation) and of those who (unjustly) forsook
noble wives. - They declare the fragments which have fallen
on the ground at a (^Sraddha) to the manes, to be
the share of honest, dutiful servants.
the word api, ‘ even,’ indicates that others, e. g. *Sudras, must also
be sent away.
- Vi. LXXXI, 18. Medh., Gov., and Kull. take the first
words differently, ‘ To a Brahmawa who comes as a guest (atithi)
or any other mendicant.’ Nar. and Ragh. give the explanation
adopted above. - Vi. LXXXI, 21.
- Vas. XI, 23-24; Vi. LXXXI, 22. Regarding the burial
of children, see below, V, 69. Tyaginaw kulayoshitaw, ‘ of those
who unjustly forsook noble wives’ (Medh., Kull.), may also mean,
according to Ragh. and to ‘ others,’ quoted by Medh. and Kull.,
1 of those who forsook their Gurus and of unmarried maidens ; ■
according to Gov., ‘ of women who forsook their families ; ‘
according to Nar., ‘of suicides and childless women.’ Nand.
explains the first word by ‘ of ascetics.’ - Vi. LXXXI, 23.
111,251. HOUSEHOLDER J-SRADDHAS. 121
- But before the performance of the Sapi^i-
kara/za, one must feed at the funeral sacrifice in
honour of a (recently-) deceased Aryan (one Brah-
ma/za) without (making an offering) to the gods, and
give one cake only. - But after the Sapi^ikara^a of the (deceased
father) has been performed according to the sacred
law, the sons must offer the cakes with those cere-
monies, (described above.) - The foolish man who, after having eaten a
•Sriddha(-dinner), gives the leavings to a .Sudra, falls
headlong into the Kalasutra hell. - If the partaker of a .Sraddha(-dinner) enters
on the same day the bed of a ,5udra female, the
manes of his (ancestors) will lie during that month
in her ordure. - Having addressed the question, ‘ Have you
dined well V (to his guests), let him give water for
sipping to them who are satisfied, and dismiss them,
after they have sipped water, (with the words) ‘ Rest
either (here or at home) ! ‘ - Vi. XXI, 2-12, 19; Y&gri. I, 250. The Sapi#attkara#a, ‘the
solemn reception of a dead person among the partakers of the
funeral oblations,’ is performed either on the thirteenth day or a
year after the death. Up to the time of its performance the
-Sraddhas are so-called Ekoddish/as, ‘ performed for one person
only.’ Medh., Gov., Nar., Nand., and K. read the first word of the
verse asapiwdakriyakarma, and according to this var. lect. the trans-
lation must be, ‘ The rite for persons not made Sapiwtfas (i. e. the
Ekoddish/a *Sraddha, must be performed) for an Aryan (recently)
deceased ; (on that occasion) one must/ &c. - Medh., Gov., Kull., and Ragh. take vnshali, ‘a -Sudra
female’ (Nar.), in the sense of ‘a seducing woman’ (vrzshasyanti). - Y&gn. I, 242 ; Vi. LXXIII, 26-27. Kull. reads abhi bho
ramyatam, ‘Ho, take rest!’ and Ragh., abhito gamyatam, ‘Go
where you please ! ‘
122
LAWS OF MANU.
Ill, 252.
- The Brahma^a (guests) shall then answer
him, ‘ Let there be Svadha ;’ for at all rites in
honour of the manes the word Svadha is the highest
benison. - Next let him inform (his guests) who have
finished their meal, of the food which remains ; with
the permission of the Brahma^as let him dispose
(of that), as they may direct. - At a (6Yaddha) in honour of the manes one
must use (in asking the guests if they are satisfied,
the word) svaditam ; at a Gosh/^i-^rraddha, (the word)
sumitam ; at a Wz’ddhi-jraddha, (the word )sampan-
nam ; and at (a rite) in honour of the gods, (the word)
rii/£itam. - The afternoon, Ku^a grass, the due prepara-
tion of the dwelling, sesamum grains, liberality, the
careful preparation of the food, and (the company
of) distinguished Brahma^as are true riches at all
funeral sacrifices. - Know that Kusa. grass, purificatory (texts),
the morning, sacrificial viands of all kinds, and those
means of purification, mentioned above, are blessings
at a sacrifice to the gods. - Yagn. I, 243. Medh., Gov., Nand., and Ragh. read sva-
dhetyeva, (shall then answer him) ‘ Svadha” ! ‘ - ‘One must ask,’ i. e. ‘the giver of the feast or any other
person who comes’ (Medh., Gov.), the former only (Kull.). Medh.
and Gov. explain goshMe, ‘ at a GoshMi-jraddha’ (Kull., Ragh.), by
‘ in a cow-pen’ (goshu tish/$antishu, gogawamadhye), and Nar. by
gosh/^e gomawdalarthaw gosht/ie brahma«abho£-ane. Abhyudaya
or Vrz’ddhwraddhas are those performed on joyful occasions, such
as marriages. - Pavitram, ‘purificatory texts,’ means according to Nar.
‘other means of purification, such as barley and water.’ Nand.
reads darbhapavitraw, ‘ blades of Kura grass.’ ‘ Those means of
purification mentioned above,’ i.e. ‘the preparation of the house
Ill, 261. householder; sraddhas. 123
- The food eaten by hermits in the forest,
milk, Soma-juice, meat which is not prepared (with
spices), and salt unprepared by art, are called, on
account of their nature, sacrificial food. - Having dismissed the (invited) Brahma/zas,
let him, with a concentrated mind, silent and pure,
look towards the south and ask these blessings of
the manes : - ‘ May liberal men abound with us! May (our
knowledge of) the Vedas and (our) progeny increase !
May faith not forsake us ! May we have much to
give (to the needy)!’ - Having thus offered (the cakes), let him,
after (the prayer), cause a cow, a Brahma^a, a goat,
or the sacred fire to consume those cakes, or let him
throw them into water. - Some make the offering of the cakes after
(the dinner); some cause (them) to be eaten by
birds or throw them into fire or into water.
and so forth.’ Nand. reads havishyam fa jaktita^, ‘ sacrificial viands
(prepared) according to one’s ability.’
- Anupaskntam, ‘ which is not prepared (with spices),’ (Gov.,
Nar.), means according to Nand. ‘ not dressed as people usually
do,’ according to Kull. and Ragh. ‘ not tainted by a bad smell,’ and
according to Medh. ‘ not forbidden, such as meat from a slaughter-
house.’ ‘ Salt unprepared by art,’ i. e. ■ rock salt or salt from the
sea’ (but not Bida., N&r.). - Ya.gn. I, 245; Vi. LXXIII, 28.
- Yagii. I, 256. ‘Thus/ i.e. as described in verse 215.
- Baudh. II, 14, 9. According to the MSS. and editions
the word translated in accordance with the clear explanations
of Medh., Kull., and K., and with the requirements of the
context, by ‘after (the dinner),’ is purastat. As purastat always
means ‘ before,’ it would seem that the real reading of the three
commentators was like that of Ragh.’s commentary * parastat,’
the sense of which perfectly agrees with their explanation.
124 LAWS OF MANU. 111,262.
- The (sacrificer’s) first wife, who is faithful and
intent on the worship of the manes, may eat the
middle-most cake, (if she be) desirous of bearing
a son. - (Thus) she will bring forth a son who will
be long-lived, famous, intelligent, rich, the father of
numerous offspring, endowed with (the quality of)
goodness, and righteous. - Having washed his hands and sipped water,
let him prepare (food) for his paternal relations and,
after giving it to them with due respect, let him
feed his maternal relatives also. - But the remnants shall be left {where they
lie) until the Brahma^as have been dismissed;
afterwards he shall perform the (daily) domestic Bali-
offering ; that is a settled (rule of the) sacred law. - I will now fully declare what kind of sacri-
ficial food, given to the manes according to the rule,
will serve for a long time or for eternity. - The ancestors of men are satisfied for one
month with sesamum grains, rice, barley, masha
beans, water, roots, and fruits, which have been
given according to the prescribed rule, - Two months with fish, three months with
the meat of gazelles, four with mutton, and five
indeed with the flesh of birds,
Nar. and Nand. clearly read purastat, and explain it by prak,
‘ before.’ But the meaning, thus obtained, is not good, because it
stands to reason that the custom mentioned here should differ from
that described above, verse 218 seq.
- This is to be done after the cakes have been made and
placed (Medh., Nand.). Medh., Gov., Nand. read pu^ayet, ‘ let him
honour,’ instead of ‘ let him feed.’
267-272. Ap. II, 16, 23-17, 3; Gaut. XV, 15; Vi.LXXX; Yagfi.
I, 257-259.
111,274- householder; sraddhas. 125
- Six months with the flesh of kids, seven
with that of spotted deer, eight with that of the
black antelope, but nine with that of the (deer called)
Ruru, - Ten months they are satisfied with the meat
of boars and buffaloes, but eleven months indeed
with that of hares and tortoises, - One year with cow-milk and milk-rice; from
the flesh of a long-eared white he-goat their satisfac-
tion endures twelve years. - The (vegetable called) Kalasaka, (the fish
called) Mahasalka, the flesh of a rhinoceros and that
of a red goat, and all kinds of food eaten by hermits
in the forest serve for an endless time. - Whatever (food), mixed with honey, one
gives on the thirteenth lunar day in the rainy
season under the asterism of Magha^, that also
procures endless (satisfaction).
2 74. ‘ May such a man (the manes say) be born in
our family who will give us milk-rice, with honey and
clarified butter, on the thirteenth lunar day (of the
month of Bhadrapada) and (in the afternoon) when
the shadow of an elephant falls towards the east/
- Gov. states the Ruru is the -Sambara, or Sambar stag.
- Nar. explains vardhrfoasa, which Medh., Gov., Kull., and
Ragh. declare, on the strength of a verse, to be a white goat, by
1 a black-necked, white-winged bird with a red head,’ and quotes
another nigama in favour of his view ; see also Ap. II, 17, 3, where
the crane called Vardhrawasa (var. lect. Vardhrfoasa) is mentioned. - Another name of the pot-herb Kalaj-aka is according to
Medh. Knsrwavasudeva, according to Nand. KWsrmanimba. The
Maha^alka is the prawn. Others mentioned by Medh. read
sa-ralkan. - Vi. LXXVI, 1; Ya^w. I, 260. The day meant is Bha-
drapada Badi 13. - Vi. LXXVIII, 51-52 ; Vas. XI, 40. Gov. omits this verse.
126 LAWS OF MANU. 111,275-
- Whatever (a man), full of faith, duly gives
according to the prescribed rule, that becomes in the
other world a perpetual and imperishable (gratifica-
tion) for the manes. - The days of the dark half of the month,
beginning with the tenth, but excepting the four-
teenth, are recommended for a funeral sacrifice ; (it
is) not thus (with) the others. - He who performs it on the even (lunar)
days and under the even constellations, gains (the
fulfilment of) all his wishes ; he who honours the
manes on odd (lunar days) and under odd (constella-
tions), obtains distinguished offspring. - As the second half of the month is prefer-
able to the first half, even so the afternoon is better
for (the performance of ) a funeral sacrifice than the
forenoon.
Medh. says that ‘ others ‘ improperly explain prak^aye ku^arasya,
‘ (in the afternoon) when the shadow of an elephant falls towards
the east’ (Kull., Nar., Ragh.), by ‘during an eclipse.’ He also
mentions a var. lect. prak^ayam. It seems, however, by no means
certain that the explanation, adopted by him and most commen-
tators, is the correct one. It is much more probable that a
particular day (see Vi^wanejvara on Yagri. I, 217) is meant. The
thirteenth lunar day is, of course, the thirteenth of the dark half
of Bhadrapada, the day of the Mahalaya -Sraddha.
- Ap. II, 17, 6 ; Gaut. XV, 3 ; Yagri. I, 263; Vas. XI, 16.
The reason why the fourteenth is excepted, is given Vi. LXXVIII,
50, and Yagii. loc. cit. - Ap. II, 17, 8-22; Gaut. XV, 4 ; Vi. LXXVIII, 8-49; YSgn.
I, 267. I read with Medh., Gov., Nand., Ragh., and K. pitrm
ar^an, which, to judge from the commentary, must have been
Kull.’s reading also, instead of the senseless pitrzh sarvan of the
editions. Nand. adds five verses and a half which give the details
with respect to the rewards obtained by performing the -Sraddhas
on particular lunar days. They are clearly an interpolation. - Ap. II, 17,5.
in, 284. householder; sraddhas. 127
- Let him, untired, duly perform the (rites) in
honour of the manes in accordance with the pre-
scribed rule, passing the sacred thread over the right
shoulder, proceeding from the left to the right
(and) holding Kara grass in his hands, up to the
end (of the ceremony). - Let him not perform a funeral sacrifice at
night, because the (night) is declared to belong to
the Rakshasas, nor in the twilight, nor when the
sun has just risen. - Let him offer here below a funeral sacrifice,
according to the rule given above, (at least) thrice a
year, in winter, in summer, and in the rainy season,
but that which is included among the five great
sacrifices, every day. - The burnt-oblation, offered at a sacrifice to
the manes, must not be made in a common fire ; a
Brahma^a who keeps a sacred fire (shall) not (per-
form) a funeral sacrifice except on the new-moon
day. - Even when a Brahma^a, after bathing, satis-
fies the manes with water, he obtains thereby the
whole reward for the performance of the (daily)
•Sraddha. - They call (the manes of) fathers Vasus,
(those of) grandfathers Rudras, and (those of) great-
grandfathers Adityas ; thus (speaks) the eternal
Veda. - Gov., Kull., and R&gh. explain apasavyam, ‘ proceeding
from left to right ‘- (Nar.), by ‘ with the Tirtha of the hand, that is
sacred to the manes.’ Medh. and Gov. think that a” nidhanat, ‘ up
to the end (of the ceremony)/ (Kull., Nar., Nand., Ragh.), means
1 until death.’ - Ap. II, 17, 23. 284. Y&gii. I, 268.
128 LAWS OF MANU. 111,285.
- Let him daily partake of the vighasa and
daily eat amrzta (ambrosia); but vighasa is what
remains from the meal (of Brahma^a guests) and
the remainder of a sacrifice (is called) amnta. - Thus all the ordinances relating to the five
(daily great) sacrifices have been declared to you ;
hear now the law for the manner of living fit for
Brahma^as.
Chapter IV.
- Having dwelt with a teacher during the fourth
part of (a man’s) life, a Brahma^a shall live during
the second quarter (of his existence) in his house,
after he has wedded a wife.
*• 2. A Brahma^a must seek a means of subsistence
which either causes no, or at least little pain (to
others), and live (by that) except in times of distress.
- For the purpose of gaining bare subsistence,
let him accumulate property by (following those)
irreproachable occupations (which are prescribed for)
his (caste), without (unduly) fatiguing his body. - He may subsist by Rtta. (truth), and Amrita.
- Medh. and Nar. seem to have read bhn’tyajeshaw, ‘what
remains after those who must be supported (have been fed).’ The
former mentions the other reading too.
IV. 2. Medh., Gov., Kull., Nar., and Ragh. particularly state that
droha and adroha are not equivalent to himssL and ahi^zsa, because
‘injury to living beings ‘ is forbidden under any circumstances. What
is meant by droha is the pain caused to others by importunate
begging. Hence the meaning of Manu is that householders shall,
if possible, not subsist by begging, but rather by gleaning corn.
Nand., however, explains droha by hiwsa, and the following verses
favour his opinion.
- ‘For the purpose of gaining bare subsistence, but not in
order to procure many enjoyments for himself/
IV, 9. householder; subsistence. 129
(ambrosia), or by Mma (death) and by Pramrzta
(what causes many deaths) ; or even by (the mode)
called Satyanrzta (a mixture of truth and falsehood),
but never by Svavritti (a dog’s mode of life).
- By 7?/ta shall be understood the gleaning of
corn ; by Amrzta, what is given unasked ; by Mrzta,
food obtained by begging ; and agriculture is declared
to be Pramr/ta. - But trade and (money-lending) are Satyanr/ta,
even by that one may subsist. Service is called
Svavrztti ; therefore one should avoid it. - He may either possess enough to fill a granary,
or a store filling a grain-jar ; or he may collect what
suffices for three days, or make no provision for the
morrow. - Moreover, among these four Brahma^a house-
holders, each later-(named) must be considered more
distinguished, and through his virtue to have con-
quered the world more completely. - One of these follows six occupations, another
subsists by three, one by two, but the fourth lives
by the Brahmasattra. - Yagri. I, 128. The first two clauses are variously interpreted.
The first means according to Medh., ‘ he may keep a store of grain
or other property, sufficient to maintain a large family, many
servants and animals during three years ;’ according to Gov., ‘a store
of grain sufficient for twelve days ; ‘ according to Kull. and Ragh.,
■ a store sufficient to fill a granary which holds a supply for three
years or more ; ‘ and according to Nar., ‘ a store sufficient for a year,
six months, or three months.’ The second clause is interpreted
by Medh. as ‘ a store sufficient for six months ; ‘ by Gov. and Nar.
as ‘ a store sufficient for six days ; * and by Kull. and Ragh. as ‘ a
sufficiency for one year.’ For other explanations of the term Kum-
bhidhanya, see Baudh. I, 1, 5 note. Nand. reads dvyahaihika/^, * or
he may collect what suffices for two days/ - { Six occupations,’ i. e. ‘ gleaning corn, acceptance of gifts
[»6] K
130
LAWS OF MANU.
IV, io.
- He who maintains himself by picking up
grains and ears of corn, must be always intent on
(the performance of) the Agnihotra, and constantly
offer those Ish^is only, which are prescribed for the
days of the conjunction and opposition (of the moon),
and for the solstices.
n. Let him never, for the sake of subsistence,
follow the ways of the world ; let him live the pure,
straightforward, honest life of a Brahma/za.
- He who desires happiness must strive after
a perfectly contented disposition and control himself;
for happiness has contentment for its root, the root
of unhappiness is the contrary (disposition). - A Brahma/za, who is a Snataka and subsists
by one of the (above-mentioned) modes of life, must
given unasked, begging, agriculture, trade, and teaching ‘ (Medh.),
or ‘ those mentioned in verses 5-6 ‘ (Gov.), or ‘ those mentioned
in verses 5-6, excepting service and with the addition of money-
lending ‘ (Kull., Ragh.), or ‘ those enumerated in verses 5-6, and
those six, mentioned above, I, 88 ‘ (Nar.), or * those mentioned
above, I, 88 ‘ (Nand.). ‘ Subsists by three/ i. e. ■ by the first three,
mentioned in verses 5-6 ‘ (Medh.), or ‘ by teaching, sacrificing,
and accepting gifts’ (Gov., Kull., Ragh., Nand.), or ‘by teaching,
sacrificing and accepting gifts, and by the first three, mentioned
in verses 5-6 ‘ (Nar.). ■ One by two,’ i. e. ‘ by gleaning and ac-
cepting voluntary gifts ‘ (Medh.), or ‘ by sacrificing and teaching ‘
(Gov., Kull., Ragh., Nand.), or ‘by gleaning ears and single
grains ‘ (Nar.). ‘ The Brahmasattra,’ i. e. ‘ gleaning either ears or
single grains’ (Nar.), or ‘teaching’ (Gov., Kull., Ragh., Nand.).
Elsewhere the term Brahmasattra is applied to the daily recitation
of the Veda, and it probably means here ‘ teaching.’
- The Agnihotra, i.e. the daily morning and evening oblations
in the sacred fire or fires. The sacrifices intended are the Darca-
paur«amasas and the Agraya«as. - Yagn. I, 123.
12-17. Y&gn. I, 129. - Nand. places verse 15 immediately after verse 12. Regard-
ing the term Snataka, see below, verse 31, Ap. I, 30, 1-3.
IV, 19. HOUSEHOLDER ; RULES FOR A SNATAKA. 131
discharge the (following) duties which secure heavenly
bliss, long life, and fame.
- Let him, untired, perform daily the rites pre-
scribed for him in the Veda ; for he who performs
those according to his ability, attains to the highest
state. - Whether he be rich or even in distress, let
him not seek wealth through pursuits to which men
cleave, nor by forbidden occupations, nor (let him
accept presents) from any (giver whosoever he
may be). , - Let him not, out of desire (for enjoyments),
attach himself to any sensual pleasures, and let him
carefully obviate an excessive attachment to them, by {
(reflecting on their worthlessness in) his heart. — ^
1 7. Let him avoid all (means of acquiring) wealth
which impede the study of the Veda ; (let him main-
tain himself) anyhow, but study, because that (de-
votion to the Veda-study secures) the realisation of
his aims. x
- Let him walk here (on earth), bringing his
dress, speech, and thoughts to a conformity with his
age, his occupation, his wealth, his sacred learning,
and his race. - Let him daily pore over those Institutes of
science which soon give increase of wisdom, those - Prasahgena, ‘ through pursuits to which men cleave/ e. g.
‘music and singing’ (Medh., Gov., Kull., Ragh., Nand.). Nar.
interprets the word by ‘ with too great eagerness.’ - Vi. LXXI, 4.
- Yagn. I, 123 ; Vi. LXXI, 5-6. ‘His race,’ e.g. let him wear
his hair in the manner prescribed by the usage of his family
(Vas. II, 21). - Yagrt. I, 99 ; Vi. LXXI, 8. The various sciences meant are
the Itihasas, Pura«as, and Nyaya, the Artha^astra, medicine, and
K 2
132
LAWS OF MANU.
IV, 20.
which teach the acquisition of wealth, those which
are beneficial (for other worldly concerns), and like-
wise over the Nigamas which explain the Veda.
- For the more a man completely studies the
Institutes of science, the more he fully understands
(them), and his great learning shines brightly. - Let him never, if he is able (to perform
them), neglect the sacrifices to the sages, to the
gods, to the Bhutas, to men, and to the manes. - Some men who know the ordinances for
sacrificial rites, always offer these great sacrifices
in their organs (of sensation), without any (external)
effort. - Knowing that the (performance of the) sacri-
fice in their speech and their breath yields im-
perishable (rewards), some always offer their breath
in their speech, and their speech in their breath. - Other Brahma;zas, seeing with the eye of
knowledge that the performance of those rites has
knowledge for its root, always perform them through
knowledge alone. - A Brahma/za shall always offer the Agnihotra
at the beginning or at the end of the day and of
the night, and the Darca and Pauraamasa (Ish/is) at
the end of each half-month, - When the old grain has been consumed the
astrology. The Nigamas are the Ahgas (Medh.). Gov., Kull., and
Nar. consider the Nigamas to be a separate class of works, teaching
the meaning of the Veda, i. e. the naigamakaWa of the Nirukta.
- This and the next two verses refer to various symbolical
ways of performing the great sacrifices, which are mentioned in
the Upanishads. - Kaushitaki-Up. II, 5. 24. Nand. omits this verse.
25-27. Gaut. VIII, 19-20; Vas. XI, 46; Vi. LIX, 2-9; Baudh.
II, 4, 23; Yagfi. I, 97, 124-125.
IV, 31. HOUSEHOLDER; RULES FOR A SNATAKA. 1 33
(Agraya/za) Ish^i with new grain, at the end of the
(three) seasons the (^Taturmasya-)sacrifices, at the
solstices an animal (sacrifice), at the end of the year
Soma-offerings.
- A Brahma^a, who keeps sacred fires, shall, if
he desires to live long, not eat new grain or meat,
without having offered the (Agraya^a) Ish^i with
new grain and an animal-(sacrifice). - For his fires, not being worshipped by offer-
ings of new grain and of an animal, seek to devour
his vital spirits, (because they are) greedy for new
grain and flesh. - No guest must stay in his house without being
honoured, according to his ability, with a seat, food,
a couch, water, or roots and fruits. - Let him not honour, even by a greeting,
heretics, men who follow forbidden occupations, men
who live like cats, rogues, logicians, (arguing against
the Veda,) and those who live like herons. - Those who have become Snatakas after
studying the Veda, or after completing their vows,
(and) householders, who are 6rotriyas, one must
worship by (gifts of food) sacred to gods and manes,
but one must avoid those who are different. - Yag?1. I, 130. Tashandinik, ‘ heretics/ i.e. ‘ non-Brahmamcal
ascetics ‘ (vahyalihgina^, Medh.), or ‘ ascetics wearing red dresses
and the like ‘ (Gov.), or ‘ non-Brahmamcal ascetics, such as
Bauddhas’ (Kull., Nar.), or ‘those who do not believe in the
Vedas’ (Ragh.). The term does not necessarily refer to the
Buddhists and Gainas, though the latter may be designated by
it. The correct explanation of the word pasha^a or pashazz^in,
‘a sectarian,’ has been given by Kern, Jaartelling der zuidelijke
Buddhisten, p. 67. Regarding the men who act like cats or herons,
see below, verses 195-196. - Nand. reads griham agatan, ‘who have come to his house,’
instead of gr/hamedhina^, ‘ who are householders.’
If
L
134 LAWS OF MANU. IV, 32.
- A householder must give (as much food) as
he is able (to spare) to those who do not cook for
themselves, and to all beings one must distribute
(food) without detriment (to one’s own interest). - A Snataka who pines with hunger, may beg
wealth of a king, of one for whom he sacrifices, and
of a pupil, but not of others ; that is a settled rule. - A Snataka who is able (to procure food) shall
never waste himself with hunger, nor shall he wear
old or dirty clothes, if he possesses property. - Keeping his hair, nails, and beard clipped,
subduing his passions by austerities, wearing white
garments and (keeping himself) pure, he shall be
always engaged in studying the Veda and (such acts
as are) conducive to his welfare. - He shall carry a staff of bamboo, a pot full of
water, a sacred string, a bundle of Kara grass, and
(wear) two bright golden ear-rings. - Ap. II, 4, 14 ; Gaut. V, 22 ; Baudh. II, 5, 20. ‘ Those who
do not cook for themselves/ i.e. students and ascetics. According
to Gov. Pashaw^fas are included by this term. - Gaut. IX, 63-64; Vas. XII, 2; Yagn. I, 130. ‘A king/
i.e. ‘a Kshatriya king who rules in accordance with the .Sastras;’
see below, verse 84. - Vas. XII, 4; Vi. LXXI, 9; Gaut. IX, 3; Ap. I, 30, 13. Sakt&k,
‘ who is able (to procure food)/ (Nar.), means according to Nand.
‘ he who is able to dine, shall not stint himself through avarice/
Gov., Kull., and K. explain the phrase, ‘ A Snataka, who is a fit
(recipient of gifts), must not pine with hunger (as long as the king
has anything to give)/ i. e. he must be relieved. Ragh. reads
yukta^ instead of sakt&k, ‘ A Snataka who is suffering hunger shall
not despair.’ If taken in the second sense the rule is identical
with that given Ap. II, 25, n ; Gaut. X, 9-10; Vi. Ill, 79. - Ap. I, 30, 10-12; Gaut. IX, 4, 7; Y&gn. I, 131; Baudh.
I> 5> 7-
- Vas. XII, 14-17 ; Baudh. I, 5, 3-5 ; 6, 1-5; II, 6, 7 ; Vi.
LXXI, 13-16; Yagn. I, 133.
IV, 44. householder; rules for a snataka. 135
- Let him never look at the sun, when he sets
or rises, is eclipsed or reflected in water, or stands
in the middle of the sky. - Let him not step over a rope to which a calf
is tied, let him not run when it rains, and let him not
look at his own image in water; that is a settled
rule. - Let him pass by (a mound of) earth, a cow,
an idol, a Brahma/za, clarified butter, honey, a cross-
way, and well-known trees, turning his right hand
towards them. - Let him, though mad with desire, not ap-
proach his wife when her courses appear ; nor let
him sleep with her in the same bed. - For the wisdom, the energy, the strength, the
sight, and the vitality of a man who approaches a
woman covered with /menstrual excretions^] utterly^
3
- If he avoids her, while she is in that condi-
tion, his wisdom, energy, strength, sight, and vitality
will increase. -< - Let him not eat in the company of his wife,
nor look at her, while she eats, sneezes, yawns, or
sits at her ease. - A Brahma^a who desires energy must not
- Ap. I, 31, 20; Vas. XII, 10; Baudh. II, 6, 10; Vi. LXXI,
17-21; Yagfi. I, 135. - Ap. I, 31, 15; Vas. XII, 9; Baudh. II, 6, 15; Vi. LXXI,
23; LXIII, 41-43- - Gaut. IX, 66; Vi. LXIII, 26-28 ; Yagn. I, 133.
40-42. Gaut. IX, 29-30; Vas. XII, 7; Vi. LXIX, n. - Medh. and Nand. read lakshmf, ‘luck,’ instead of teg&k,
‘ energy/ - Vas. XII, 31 ; Vi.LXVIII, 46; Ya^l I, 131 ; Gaut. IX, 32.
- Gaut. IX, 32.
136
LAWS OF MANU.
IV, 45-
v^
. look at (a woman) who applies collyrium to her eyes,
has anointed or uncovered herself or brings forth
(a child).
- Let him not eat, dressed with one garment
only ; let him not bathe naked ; let him not void
urine on a road, on ashes, or in a cow-pen, - Nor on ploughed land, in water, on an altar
of bricks, on a mountain, on the ruins of a temple,
nor ever on an ant-hill, - Nor in holes inhabited by living creatures,
nor while he walks or stands, nor on reaching the
bank of a river, nor on the top of a mountain. - Let him never void faeces or urine, facing the
wind, or a fire, or looking towards a Brahma^a, the
sun, water, or cows. - He may ease himself, having covered (the
ground) with sticks, clods, leaves, grass, and the like,
restraining his speech, (keeping himself) pure, wrap-
ping up his body, and covering his head. - Let him void faeces and urine, in the day-
time turning to the north, at night turning towards
the south, during the two twilights in the same
(position) as by day. - Ap. I, 30, 18 ; Gaut. IX, 40, 45 ; Vas. XII, 11 ; Baudh. II,
6, 24, 39; Vi. LXVIII, 14; LXIV, 5; LX, n, 16, 19; Y%#. I,
131, 134. Govra^e, ‘in a cow-pen’ (Gov., Kull.), means according
lo Medh. ‘ a place where cows graze.’ - Ap. I, 30, 18; Gaut. IX, 40 ; Vi. LX, 4, 21, 10. ‘Some
omit verses 46-47 ‘ (Nar.), and they are not found in Nand. - Vi. LX, 9.
- Ap. I, 30, 20; Gaut. II, 12; Vi. LX, 22; Yagri. I, 134.
« Looking at (things moved by) the wind ‘ (Medh., Kull.). Medh.
places verse 52 immediately after this. - Ap. I, 30, 14-15; Gaut. IX, 37-38, 41-43; yas. XII, 13;
Vi. LX^ 2-3, 23. - Ap. I, 31, 1; Vi. LX, 2-3.
IV, 57- HOUSEHOLDER ; RULES FOR A SNATAK A. 137
- In the shade or in darkness a Brahma/za may, ,
both by day and at night, do it, assuming any
position he pleases ; likewise when his life is in /
danger. - The intellect of (a man) who voids urine
against a fire, the sun, the moon, in water, against a
Brahma/za, a cow, or the wind, perishes. - Let him not blow a fire with his mouth; let
him not look at a naked woman ; let him not throw
any impure substance into the fire, and let him not
warm his feet at it. - Let him not place (fire) under (a bed or the
like) ; nor step over it, nor place it (when he sleeps)
at the foot-(end of his bed) ; let him not torment
living creatures. - Let him not eat, nor travel, nor sleep during
the twilight; let him not scratch the ground; let
him not take off his garland. - Let him not throw urine or faeces into the
water, nor saliva, nor (clothes) defiled by impure I
substances, nor any other (impurity), nor blood, nor \
poisonous things. A - Let him not sleep alone in a deserted dwell-
ing ; let him not wake (a superior) who is sleeping ;
let him not converse with a menstruating woman ; - Medh. and Nar. mention a var. lect. for prativatam,
1 against the wind,’ pratisa/rcdhyaw, ‘ in the twilights/ which Nand.
adopts. - Ap. I, 15, 20-21 J Gaut IX, 32 ; Vas. XII, 27 ; Vi. LXXI,
32-34, 37; Ya§™. I, 137. - Vi. LXXI, 36; YfyrL I, 135, 137; Gaut. IX, 73.
- Vi. LXIII, 8; LXVIII, 12; LXXI, 41, 55.
- Ap. I, 30, 19; Vi. LXXI, 35; Y&gn. I, 137.
57- Gaut. IX, 54-55 ; Vas. XII, 42 ; Vi. LXIII, 21 ; LXX, 13 ;
LXXI, 58; Y8gn. I, 138.
138 LAWS OF MANU. IV, 58.
nor let him go to a sacrifice, if he is not chosen (to
be officiating priest).
- Let him keep his right arm uncovered in a
place where a sacred fire is kept, in a cow-pen, in
the presence of Brahma^as, during the private reci-
tation of the Veda, and at meals. - Let him not interrupt a cow who is suckling
(her calf)7nor tell anybody of it. A wise man, if he
sees a rainbow in the sky, must not point it out to
.£ anybody.
- Let him not dwell in a village where the
sacred law is not obeyed, nor (stay) long where
diseases are endemic ; let him not go alone on a
journey, nor reside long on a mountain. - Let him not dwell in a country where the
rulers are .Sudras, nor in one which is surrounded
by unrighteous men, nor in one which has become
subject to heretics, nor in one swarming with men
of the lowest castes. - Let him not eat anything from which the oil
has been extracted ; let him not be a glutton ; let
him not eat very early (in the morning), nor very
late (in the evening), nor (take any food) in the
evening, if he has eaten (his fill) in the morning. - Let him not exert himself without a purpose;
let him not drink water out of his joined palms ; let - Baudh. II, 6, 38; Vi. LXXI, 60.
- Ap. I, 31, 10, 18 ; Gaut. IX, 23 ; Vas. XII, 33 ; Baudh. II,
6, 11, 17 ; Vi. LXIII, 2 ; LXXI, 62. All the commentators except
Ragh. explain dhayantim, ‘ who is suckling (her calf),’ by pibantim,
‘who is drinking’ (milk or water, see Yagn. I, 140).
60-61. Ap. I, 15, 22, 32, 18; Gaut. IX, 65; Baudh. II, 6, 21,
31; Vi. LXXI, 64-68.
- Vi. LXVIII, 27, 48; see above, II, 56-57.
- Gaut. IX, 9, 50, 56 ; Baudh. II, 6, 5 ; Vi. LXXI, 69.
IV, 6g. HOUSEHOLDER J RULES FOR A SNATAKA. I 39
him not eat food (placed) in his lap ; let him not
show (idle) curiosity.
- Let him not dance, nor sing, nor play musical
instruments, nor slap (his limbs), nor grind his teeth,
nor let him make uncouth noises, though he be in a
passion. - Let him never wash his feet in a vessel of
white brass ; let him not eat out of a broken
(earthen) dish, nor out of one that (to judge) from
its appearance (is) defiled. - Let him not use shoes, garments, a sacred
string, ornaments, a garland, or a water-vessel which
have been used by others.
6 j. Let him not travel with untrained beasts of
burden, nor with (animals) that are tormented by
hunger or disease, or whose horns, eyes, and hoofs \
have been injured, or whose tails have been dis-
figured.
- Let him always travel with (beasts) which
are well broken in, swift, endowed with lucky marks,
and perfect in colour and form, without urging them
much with the goad. - The morning ‘sun, the smoke rising from a
(burning) corpse, and a broken seat must be avoided.
Let him not clip his nails or hair, and not tear his
nails with his teeth. - Ap. II, 20, 13; Vi. LXXI, 70-71. Na kshvedet, ‘let him
not grind his teeth,’ means according to Nar., ‘ let him not roar
like a lion ;’ according to Nand., ‘ let him not snap his fingers.’ Na
spho/aye/, * he shall not slap (his limbs),’ means according to Nand.,
1 he shall not make his fingers crack.’ - Vi. LXVIII, 20 • LXXI, 39.
- Vi. LXXI, 47. 67-68. Vi. LXIII, 13-18.
- Vi. LXXI, 44, 46 ; Ya^ra. 1, 139. Balatapa^, ‘the morning
sun/ is according to ‘ some,’ mentioned by Nar., and according to
140
LAWS OF MANU.
iv, 70.
r>
1
- Let him not crush earth or clods, nor tear off
grass with his nails ; let him not do anything that is
useless or will have disagreeable results in the
future. - A man who crushes clods, tears off grass, or
bites his nails, goes soon to perdition, likewise an
informer and he who neglects (the rules of) purifi-
cation. - Let him not wrangle ; let him not wear a
garland over (his hair). To ride on the back of
cows (or of oxen) is anyhow a blamable^act. - Let him not enter a walled village or house
except by the gate, and by night let him keep at a
long distance from the roots of trees. - Let him never play with dice, nor himself take
off his shoes ; let him not eat, lying on a bed, nor
what has been placed in his hand or on a seat.
Ragh. * the sun in the sign of Kanya, or Virgo,’ i. e. ‘ the sun in
autumn.’ The same explanation is mentioned by Nandapa/z/ita
in his comment on the parallel passage of Vishnu. It is, however,
probably wrong : see the Introduction. ‘ Let him not clip his nails
or hair,’ i. e. ‘ not himself, but let him employ a barber ‘ (Medh.,
Gov.), or ‘ before they have grown long ‘ (Kull.), or ‘ except at the
proper time for clipping ‘ (Nand.).
- Ap. I, 32, 18 ; Gaut. IX, 51 ; Vi. LXXI, 42-43.
- Ap. I, 32, 5 ; Gaut. IX, 32 ; Baudh. II, 69. I read with all the
commentators ‘ vign’hya ‘ instead of the ‘ vigarhya ‘ of the editions.
‘ Let him not wear a garland over (his dress),’ (Medh.), or ‘ let
him not wear a garland outside (the house)/ or ‘ one that is not
fragrant ‘ (others, Medh.). - Ap. I, 31, 23; Gaut. IX, 32 ; Baudh. II, 6, 13 ; Ya§^. I, 140.
- Gaut. IX, 32; Vas. XII, 36; Baudh. II, 6, 6; Vi. LXVIII,
23; Vi. LXXI, 45 ; Y&gn. 1, 138. ‘ Nor what has been placed in his
hand/ i.e. ‘ in his left hand or in a vessel held in that hand ‘ (Nar.).
This is no doubt the best explanation, as Hindus always eat with
the fingers of the right hand, and the left hand is considered un-
clean for very good reasons.
J
TV, 82. HOUSEHOLDER ; RULES FOR A SNATAKA. 141
- Let him not eat after sunset any (food) con-
taining sesamum grains ; let him never sleep naked,
nor go anywhere unpurified (after meals). - Let him eat while his feet are (yet) wet (from
the ablution), but let him not go to bed with wet
feet. He who eats while his feet are (still) wet, will
attain long life.
“j J. Let him never enter a place, difficult of access,
which is impervious to his eye ; let him not look at
urine or ordure, nor cross a river (swimming) with
his arms. — ^
- Let him not step on hair, ashes, bones, pot- \
sherds, cotton-seed or chaff, if he desires long life. - Let him not stay together with outcasts, nor
with KdLtid&X&s, nor with Pukkasas, nor with fools,
nor with overbearing men, nor with low-caste men,
nor with Antyavasayins. - Let him not give to a .Sudra advice, nor the
remnants (of his meal), nor food offered to the gods ;
nor let him explain the sacred law (to such a man),
nor impose (upon him) a penance. / - For he who explains the sacred law (to a
-Sudra) or dictates to him a penance, will sink to-;
gether with that (man) into the hell (called) Asaw-j
vritSL. - Let him not scratch his head with both hands
- Gaut. IX, 60 ; Vi. LXVIII, 29 ; LXXI, 3; see above, II, 56.
- Vi. LXVIII, 34; LXX, 1.
- Ap. I, 32, 26; Gaut. IX, 32; Vas. XII, 45; Baudh. II, 6,
26; VLLXIll, 46. - Ap. II, 20, 11; Gaut. IX, 15 ; Baudh. II, 6, 16; Y%w. I, 139.
- Regarding the Pukkasas and Antyavasayins, see below, X,
18, 39. - Ap. I, 31, 24; Vi. LXXI, 48-52; Vas. XVIII, 14.
- Vas. XVIII, 15. 82. Vi. LXXI, 53.
142
LAWS OF MANU.
IV, 83.
\
joined ; let him not touch it while he is impure, nor
bathe without (submerging) it.
- Let him avoid (in anger) to lay hold of (his
own or other men’s) hair, or to strike (himself or
others) on the head. When he has bathed (sub-
merging) his head, he shall not touch any of his
/limbs with oil.
- Let him not accept presents from a king who
is not descended from the Kshatriya race, nor from
butchers, oil-manufacturers, and publicans, nor from
those who subsist by the gain of prostitutes. - One oil-press is as (bad) as ten slaughter-
houses, one tavern as (bad as) ten oil-presses, one
brothel as (bad as) ten taverns, one king as (bad as)
ten brothels. - A king is declared to be equal (in wicked-
ness) to a butcher who keeps a hundred thousand
slaughter-houses ; to accept presents from him is a
terrible (crime). - He who accepts presents from an avaricious
king who acts contrary to the Institutes (of the
sacred law), will go in succession to the following
twenty-one hells : - Tamisra, Andhatamisra, Maharaurava, Rau-
rava, the Kalasutra hell, Mahanaraka, - Saw^lvana, MahavL£i, Tapana, Sampratapana,
Sawghata, Sakakola, Ku^mala, Putimrzttika, - Vi. LXIV, 12. ‘When he has bathed (submerging) his
head’ should be according to others (mentioned by Kull. and
Ragh.) ‘ when he has anointed his head with oil/ - Ya^w. I, 140.
- Ya§w. I, 141. Medh., Gov., Nar., and Nand. say, ‘one
king as bad as ten prostitutes ‘ (ve^ya).
88-90. Vi. XLIII, 2-22. Nar. and Gov. say expressly that nara-
kaw kalasutraztf ka. means ‘ the Kalasutra hell/ and Nar. that ‘ Vaita-
IV, 95* VEDA-STUDY. 1 43
- Loha^anku, JZtgisha., Pathin, the (flaming)
river, .Salmala, Asipatravana, and LohaMraka. - Learned Brahma^as, who know that, who
study the Veda and desire bliss after death, do not
accept presents from a king. - Let him wake in the muhurta, sacred to
Brahman, and think of (the acquisition of) spiritual
merit and wealth, of the bodily fatigue arising there-
from, and of the true meaning of the Veda. - When he has risen, has relieved the neces-
sities of nature and carefully purified himself, let
him stand during the morning twilight, muttering
for a long time (the Giyatri), and at the proper time
(he must similarly perform) the evening (devotion). - By prolonging the twilight devotions, the sages
obtained long life, wisdom, honour, fame, and excel-
lence in Vedic knowledge. - Having performed the Upakarman according
to the prescribed rule on (the full moon of the month)
•5Yava;za, or on that of Praush^apada (Bhadrapada),
ra#i ‘ must be understood with nadi, ‘ the river,’ while Gov. speaks
of a hell called Nadi, £ the river.’ The corresponding passage of
Vishmi shows that the Dipanadi is meant. The editions read
Sazrahata instead of Sawghata, -Salmali instead of .Salmala, and
Lohadaraka, which Ragh. has also, instead of Lohadaraka.
- Vas. XII, 47; Vi. LX, 1. Kull. and Ragh. say, ‘in the
muhurta, sacred to Brahmi,’ or Bharati, the goddess of speech. But
this explanation is wrong, as the expression prag-apatya muhurta,
used in other Smn’tis, shows. - Vi. LXXI, 77.
- I read with Gov., Nand., and K., avapnuvan, ‘ obtained,’
instead of avapnuyu/^ (Medh., Kull., Nar., Ragh.).
95-97. Ap. I, 9, 1-3, 10, 2 ; Gaut. XVI, 1-2, 40; Vas. XIII,
1-5 ; Baudh. I, 12-16 ; Vi. XXX, 1-2, 24-25 ; Ya^Ti. I, 142-144.
The Upakarman is the solemn opening of the Brahmamcal
school-term, and the Utsar^ana or Utsarga its closing. Their
144
LAWS OF MANU.
IV, 96.
a Brahma^a shall diligently study the Vedas during
four months and a half.
- When the Pushya-day (of the month Pausha),
or the first day of the bright half of Magna has
come, a Brahma^a shall perform in the forenoon
the Utsar^ana of the Vedas. - Having performed the Utsarga outside (the
village), as the Institutes (of the sacred law) pre-
scribe, he shall stop reading during two days and
the intervening night, or during that day (of the
Utsarga) and (the following) night. - Afterwards he shall diligently recite the
Vedas during the bright (halves of the months), and
duly study all the Ahgas of the Vedas during the
dark fortnights. - Let him not recite (the texts) indistinctly, nor
in the presence of .Sudras ; nor let him, if in the
latter part of the night he is tired with reciting the
Veda, go again to sleep. - According to the rule declared above, let
him recite the daily (portion of the) Mantras, and
a zealous Brahma^a, (who is) not in distress, (shall
study) the Brahma^a and the Mantrasawhita.
10 1. Let him who studies always avoid (reading)
on the following occasions when the Veda -study is
description is found in the GrzTiya-sutras, e.g. -Sankhayana IV, 5-6.
The Pushya-day is the sixth lunar day of each month : *Srava7za,
July-August; Bhadrapada, August-September; Pausha, December-
January ; Magna, January-February.
- But see below, verse 119.
98-129. Ap. I, 9, 4-1 1, 38 ; 32, 12-15 j Gaut. I, 58-60; XVI,
5-49 ; Vas. XIII, 6-40; XVIII, 13 ; Baudh. I, 21, 4-22 ; Vi. XXX,
3-30; Yagn. I, 144-151-
- ‘ The daily (portion of the) Mantras,’ i.e. ‘the Gayatri and
other portions of the ivV^as^a^ns, and Samans.’
IV, io6. VEDA-STUDY. I45
forbidden, and (let) him who teaches pupils according
to the prescribed rule (do it likewise).
- Those who know the (rules of) recitation
declare that in the rainy season the Veda-study
must be stopped on these two (occasions), when the
wind is audible at night, and when it whirls up the
dust in the day-time. - Manu has stated, that when lightning,
thunder, and rain (are observed together), or when
large fiery meteors fall on all sides, the recitation
must be interrupted until the same hour (on the next
day, counting from the occurrence of the event). - When one perceives these (phenomena) all
together (in the twilight), after the sacred fires have
been made to blaze (for the performance of the
Agnihotra), then one must know the recitation of
the Veda to be forbidden, and also when clouds
appear out of season. - On (the occasion of) a preternatural sound
from the sky, (of) an earthquake, and when the
lights of heaven are surrounded by a halo, let him
know that (the Veda-study must be) stopped until
the same hour (on the next day), even if (these phe-
nomena happen) in the (rainy) season. - But when lightning and the roar of thunder
(are observed) after the sacred fires have been made
to blaze, the stoppage shall last as long as the light
(of the sun or of the stars is visible) ; if the remain-
ing (above-named phenomenon, rain, occurs, the
reading shall cease), both in the day-time and at
night. - Medh. proposes as another explanation of gyotisham £opa-
sarg-ane, ‘ when the heavenly lights trouble each other,’ i. e. obscure
each other, and Nar.; Kull., and Ragh. refer the phrase to eclipses.
[25] L
u
I46 LAWS OF MANU. IV, 107.
- For those who wish to acquire exceedingly
great merit, a continual interruption of the Veda-
study (is prescribed) in villages and in towns, and
(the Veda-study must) always (cease) when any kind
of foul smell (is perceptible). - In a village where a corpse lies, in the pre-
sence of a (man who lives as unrighteously as a)
.Sudra, while (the sound of) weeping (is heard), and
in a crowd of men the (recitation of the Veda must
be) stopped. - In water, during the middle part of the
night, while he voids excrements, or is impure,
and after he has partaken of a funeral dinner,
a man must not even think in his heart (of the
sacred texts).
no. A learned Brahma^a shall not recite the
Veda during three days, when he has accepted an
invitation to a (funeral rite) in honour of one ancestor
(ekoddish/a), or when the king has become impure
through a birth or death in his family (sutaka), or
when Rahu by an eclipse makes the moon impure.
in. As long as the smell and the stains of the
(food given) in honour of one ancestor remain on
the body of a learned Br&hma^a, so long he must
not recite the Veda.
- While lying on a bed, while his feet are
raised (on a bench), while he sits on his hams with
a cloth tied round his knees, let him not study, nor
when he has eaten meat or food given by a person
impure on account of a birth or a death, - With respect to this verse, see especially Baudh. II, 6, 33-34.
- Medh. mentions a var. lect. udaye, ‘ at sunrise,’ for udake,
‘in water/
no. Eclipses of the sun are of course included.
IV, n8. VEDA-STUDY. 147
- Nor during a fog, nor while the sound of
arrows is audible, nor during both the twilights, nor
on the new-moon day, nor on the fourteenth and
the eighth (days of each half-month), nor on the full-
moon day. - The new-moon day destroys the teacher, the
fourteenth (day) the pupil, the eighth and the full-
moon days (destroy all remembrance of) the Veda ;
let him therefore avoid (reading on) those (days). - A Brahma^a shall not recite (the Veda)
during a dust-storm, nor while the sky is preter-
naturally red, nor while jackals howl, nor while the
barking of dogs, the braying of donkeys, or the
grunting of camels (is heard), nor while (he is seated)
in a company. - Let him not study near a burial-ground, nor
near a village, nor in a cow-pen, nor dressed in a
garment which he wore during conjugal intercourse,
nor after receiving a present at a funeral sacrifice. - Be it an animal or a thing inanimate, what-
ever be the (gift) at a 6raddha, let him not, having
just accepted it, recite the Veda ; for the hand of a
Brahma^a is his mouth. - When the village has been beset by robbers,
and when an alarm has been raised by fire, let him
know that (the Veda-study must be) interrupted
until the same hour (on the next day), and on (the
occurrence of) all portents. - Va/za, ‘ arrows/ may also mean ‘ a large lute/
- Panktau,’ in a company’ (Gov., Kull., Nar., ‘ others’), means
according to Medh., Nar., and Ragh. ‘ in the midst of dogs, donkeys,
or camels/ Nar. mentions a third explanation, ‘ in the company
of unworthy persons’ (apariktya). - I.e. it is as sinful to recite the Veda after accepting a pre-
sent at a Sraddha, as to study after partaking of a funeral dinner.
L 2
148
LAWS OF MANU.
IV, 119.
- On (the occasion of) the Upakarman and
(of) the Vedotsarga an omission (of the Veda-study)
for three days has been prescribed, but on the
Ash/akas and on the last nights of the seasons for
a day and a night.
1 20. Let him not recite the Veda on horseback,
nor on a tree, nor on an elephant, nor in a boat (or
ship), nor on a donkey, nor on a camel, nor standing
on barren ground, nor riding in a carriage,
” 121. Nor during a verbal altercation, nor during
a mutual assault, nor in a camp, nor during a
battle, nor when he has just eaten, nor during an
indigestion, nor after vomiting, nor with sour
eructationsj {/Aj1 (IV[ W± $*&
- Nor without receiving permission from a
guest (who stays in his house), nor while the wind
blows vehemently, nor while blood flows from his
body, nor when he is wounded by a weapon. - Let him never recite the T&g-veda or the
Ya^ur-veda while the Saman (melodies) are heard ;
(let him stop all Veda-study for a day and a
night) after finishing a Veda or after reciting an
Ara^yaka. - The ifog-veda is declared to be sacred to
the gods, the Ya^ur-veda sacred to men, and the
Sama-veda sacred to the manes ; hence the sound of
the latter is impure (as it were). - The Ash/akas are the three or four days for the Ash/aka
Sraddhas, which are placed differently by different writers ; see
Weber, Die Nakshatras II, 337. - Nar. interprets na vivade na kalahe by ‘neither during a
dispute on legal matters nor during an altercation.’ - ‘Is impure (as it were),’ i.e. ‘it is not really impure, but
when it is heard, one must not study, just as in the presence of
some impure thing or person’ (Medh.).
IV, 130. VEDA-STUDY J RULES FOR A SNATAKA. 1 49
- Knowing this, the learned daily repeat first
in due order the essence of the three (Vedas) and
afterwards the (text of the) Veda. - Know that (the Veda-study must be) inter-}
rupted for a day and a night, when cattle, a frog,
a cat, a dog, a snake, an ichneumon, or a rat pass .
between (the teacher and his pupil). - Let a twice-born man always carefully inter-
rupt the Veda-study on two (occasions, viz.) when
the place where he recites is impure, and when he
himself is unpurified. - A twice-born man who is a Snataka shall
remain chaste on the new-moon day, on the eighth
(lunar day of each half-month), on the full-moon day,
and on the fourteenth, even (if they fall) in the period
(proper for conjugal intercourse). - Let him not bathe (immediately) after a
meal, nor when he is sick, nor in the middle of the
night, nor frequently dressed in all his garments,
nor in a pool which he does not perfectly know. - Let him not intentionally step on the shadow
of (images of) the gods, of a Guru, of a king, of a
Snataka, of his teacher, of a reddish-brown animal,
or of one who has been initiated to the performance
of a 6Vauta sacrifice (Dikshita). — — ‘ - ‘ The essence of three (Vedas)/ i.e. the syllable Om and the
Gayatri ; see above, II, 76-77. - Vi. LXIX, 1; Vas. XII, 21. According to others, quoted
by Medh., the word brahma/fcari translated by ‘chaste’ indicates
that a Snataka must also in other respects behave like a student.
Medh. thinks it possible that the abstention from honey and meat
may also be indicated. - Ap. I, 32, 8 ; Baudh. II, 6, 25 ; Vi. LXIV, 3-4, 6. ■ Not
frequently,’ i.e. ‘ only for particular reasons, such as being touched
by a.A’aWala.’ - Ya^l. I, 152; Vi. LXIII, 40. Babhru, ‘a reddish-brown
15O LAWS OF MANU. IV, 131.
- At midday and at midnight, after partaking
of meat at a funeral dinner, and in the two twilights
let him not stay long on a cross-road. - Let him not step intentionally on things
used for cleansing the body, on water used for a
-q/^ bath, on urine or ordure, on blood, on mucus, and
on anything spat out or vomited.
- Let him not show particular attention to an
enemy, to the friend of an enemy, to a wicked man,
to a thief, or to the wife of another man. - For in this world there is nothing so detri-
mental to long life as criminal conversation with
another man’s wife. - Let him who desires prosperity, indeed,
never despise a Kshatriya, a snake, and a learned
Brahma^a, be they ever so feeble. - Because these three, when treated with dis-
respect, may utterly destroy him ; hence a wise man
L- must never despise them.
- Let him not despise himself on account of
former failures ; until death let him seek fortune,
nor despair of gaining it. - Let him say what is true, let him say what
is pleasing, let him utter no disagreeable truth, and
let him utter no agreeable falsehood ; that is the
eternal law.
animal,’ is not clearly explained by Gov., Kull., and Ragh. Medh.
thinks that ‘ a brown cow’ or ‘the Soma creeper’ may be meant.
Nand. adopts the former view, and Nar. explains it by ‘ a brown
creature.’
- Vi. LXIII, 41 ; Yagri. I, 152. Apasnanam, ‘ water used for
a bath,’ means according to Nar. and Nand. ‘ water used for wash-
ing a corpse.’
I.35-I36. Yagn. I, 153. 137. Vi. LXXI, 76; Yagn. 1, 153.
- Gaut. IX, 68; Vi. LXXI, 73-74; Yagfi. I, 132.
r
IV, 145- RULES FOR A SNATAKA. I 5 I
- (What is) well, let him call well, or let him
say ‘well’ only; let him not engage in a useless
enmity or dispute with anybody. - Let him not journey too early in the
morning, nor too late in the evening, nor just during
the midday (heat), nor with an unknown (com-
panion), nor alone, nor with .Sudras. - Let him not insult those who have re-
dundant limbs or are deficient in limbs, nor those
destitute of knowledge, nor very aged’ men, nor
those who have no beauty or wealth, nor those who
are of low birth. - A Brahma^a who is impure must not touch J
with his hand a cow, a Brahma^a, or fire; nor, j
being in good health, let him look at the luminaries
in the sky, while he is impure. - If he has touched these, while impure, let
him always sprinkle with his hand water on the
organs of sensation, all- his limbs, and the navel. - Except when sick he must not touch the
cavities (of the body) without a reason, and he must
avoid (to touch) the hair on the secret (parts). _^, - Let him eagerly follow the (customs which
are) auspicious and the rule of good conduct, be
careful of purity, and control all his organs, let him
mutter (prayers) and, untired, daily offer oblations in
the fire. - Ap. I, 32, 11-14 ; Gaut. IX, 19-20 ; Vi. LXXI, 57; Yagn.
I, 132 ; Gaut. IX, 32. ‘ Only/ i.e. even if things go wrong. I follow
Nar.’s explanation, which is the only correct one : bhadraw vastuto
ya^obhanaw I bhadram ity eva va ‘bhadram api, ‘ (let him call)
well what is really well ; or (let him call) well even that which is
not well.’ - Baudh. II, 6, 22-23 ; Vi. LXIII, 4, 6-7, 9.
- Vi. LXXI, 2. 142. Yagn. 1, 155. 144. Vi. LXXI, 79.
152 LAWS OF MANU. TV, 146.
- No calamity happens to those who eagerly
follow auspicious customs and the rule of good con-
duct, to those who are always careful of purity, and
to those who mutter (sacred texts) and offer burnt-
oblations. - Let him, without tiring, daily mutter the
Veda at the proper time ; for they declare that to be
one’s highest duty ; (all) other (observances) are
called secondary duties. - By daily reciting the Veda, by (the observance
of the rules of) purification, by (practising) austeri-
ties, and by doing no injury to created beings, one,
(obtains the faculty of) remembering former births. - He who, recollecting his former existences,
again recites the Veda, gains endless bliss by the
continual study of the Veda. - Let him always offer on the Parva-days ob-
lations to Savitrz and such as avert evil omens, and
on the Ash/ak&s and Anvash/akis let him constantly
worship the manes. - Far from his dwelling let him remove urine
(and ordure), far (let him remove) the water used
for washing his feet, and far the remnants of food
and the water from his bath. - Early in the morning only let him void
- Vas. XXVI, 14. 147. Gaut. IX, 72.
- Vi. LXXI, 86. Nand. reads savitrya, ‘ with the Savitri,’ for
savitran, ‘ to Savitn’,’ and Nar. has the same explanation. - Ap. I, 31, 2-3; Gaut. IX, 39; Yign. I, 153. Avasatha,
‘ his dwelling,’ means according to Kull. ‘ the room where the fires
are kept.’ Kull. explains nishekam, ‘the water from his bath,’ by
‘ seminal impurity.’ Gov. and Nar. read u^/^ish/dnnanishekaw H,
and explain nisheka by ty&ga, ‘ throwing away.’ - According to Medh./ others’ explained maitram,’ defecation,’
by • friendly service/ or by ‘ the worship of Mitra.’
IV, i59« RULES FOR A SNATAKA. I 5 3
faeces, decorate (his body), bathe, clean his teeth,
apply collyrium to his eyes, and worship the gods.
- But on the Parva-days let him go to visit
the (images of the) gods, and virtuous Brahma^as,
and the ruler (of the country), for the sake of pro-
tection, as well as his Gurus. - Let him reverentially salute venerable men
(who visit him), give them his own seat, let him
sit near them with joined hands and, when they
leave, (accompany them), walking behind them. - Let him, untired, follow the conduct of vir-
tuous men, connected with his occupations, which
has been fully declared in the revealed texts and in
the sacred tradition (Smrzti) and is the root of the
sacred law. - Through virtuous conduct he obtains long
life, through virtuous conduct desirable offspring,
through virtuous conduct imperishable wealth ; vir-
tuous conduct destroys (the effect of) inauspicious
marks. ^ - For a man of bad conduct is blamed among
people, constantly suffers misfortunes, is afflicted
with diseases, and short-lived. *J - A man who follows the conduct of the vir-
tuous, has faith and is free from envy, lives a
hundred years, though he be entirely destitute of
auspicious marks. - Let him carefully avoid all undertakings
(the success of) which depends on others ; but let - Ap. I, 31, 21-22. Medh. omits verses 153-158.
- Baudh. II, 6, 35. 155. Vas. LXXI, 90 ; Yagn. I, 154.
- Vas. VI, 7; Vi. LXXI, 91. 157. Vas. VI, 6.
- Vas. VI, 8; Vi. LXXI, 92.
154 LAWS OF MANU. IV, 160.
him eagerly pursue that (the accomplishment of)
which depends on himself.
1 60. Everything that depends on others (gives)
k. pain, everything that depends on oneself (gives)
“4^ pleasure; know that this is the short definition of
pleasure and pain.
- When the performance of an act gladdens
his heart, let him perform it with diligence ; but let
him avoid the opposite. - Let him never offend the teacher who in-
itiated him, nor him who explained the Veda, nor
his father and mother, nor (any other) Guru, nor
cows, nor Brahma/zas, nor any men performing
austerities. - Let him avoid atheism, cavilling at the
I Vedas, contempt of the gods, hatred, want of
modesty, pride, anger, and harshness.
- Let him, when angry, not raise a stick against
another man, nor strike (anybody) except a son or a
pupil ; those two he may beat in order to correct
‘ them.
- This rule refers to indifferent acts or cases where there is
an option; see above, II, 12. - Ya§7l. I, 157-158. Na hiwsyat, ‘let him never offend’
(Medh., Kull., Nar., Nand.), means according to Gov. ‘ let him
never injure them, though they attempt his life, when self-defence is
permitted’ (see VIII, 350). Tapasvina^ means according to Medh.
and Gov. ‘all those engaged in the performance of austerities,’
e.g. even sinners who perform penances (Medh.), while the other
commentators understand it to denote ‘ ascetics.’ - Ap. I, 30, 25; Vas. XIII, 41; Vi. LXXI, 83. I read with
all the commentators instead of dambham, ‘hypocrisy,’ stam-
bham, which according to Medh., Gov., and Nar. means ‘ want of
modesty,’ and according to Kull. ‘ want of energy in the fulfilment
of duties/ - Vi. LXXI, 81-82. See also below, VIII, 299-300.
I
\
IV, 172. RULES FOR A SNATAKA. I 55
- A twice-born man who has merely threat-
ened a Brahma^a with the intention of (doing him)
a corporal injury, will wander about for a hundred
years in the Tamisra hell. - Having intentionally struck him in anger,
even with a blade of grass, he will be born during
twenty-one existences in the wombs (of such beings
where men are born in punishment of their) sins. - A man who in his folly caused blood to flow
from the body of a Brahma/za who does not attack
him, will suffer after death exceedingly great pain. - As many particles of dust as the blood takes
up from the ground, during so many years the gpiller
of the blood will be devoured by other (animals) in
the next world. ~ - A wise man should therefore never threaten)
a Brahmazza, nor strike him even with a blade of \
grass, nor cause his felood tqjlow. - Neither a man who (lives) unrighteously, nor
he who (acquires) wealth (by telling) falsehoods, nor
he who always delights in doing injury, ever attain
happiness in this world. - Let him, though suffering in consequence of
his righteousness, never turn his heart to unrighte-
ousness ; for he will see the speedy overthrow of
unrighteous, wicked men. - Unrighteousness, practised in this world,
does not at once produce its fruit, like a cow ; but,
advancing slowly, it cuts off the roots of him who
committed it.
165-167. Gaut. XXI, 20-22; YSgn. I, 155.
- ‘Like a cow/ i.e. ‘which at once yields benefits by its
milk, «fec.’ (Gov., Nar., Nand.). Medh., Kull., and Ragh. take gau/i
156 LAWS OF MANU. IV, 173.
- If (the punishment falls) not on (the offender)
himself, (it falls) on his sons, if not on the sons, (at
least) on his grandsons ; but an iniquity (once) com-
mitted, never fails to produce fruit to him who
wrought it. - He prospers for a while through unrighte-
ousness, then he gains great good fortune, next he
conquers his enemies, but (at last) he perishes
(branch and) root. - Let him always delight in truthfulness, (obe-
dience to) the sacred law, conduct worthy of an
Aryan, and purity ; let him chastise his pupils accord-
ing to the sacred law ; let him keep his speech, his
arms, and his belly under control. - Let him avoid (the acquisition of) wealth
and (the gratification of his) desires, if they are
opposed to the sacred law, and even lawful acts
which may cause pain in the future or are offensive
to men.
1 7 7. Let him not be uselessly active with his hands
and feet, or with his eyes, nor crooked (in his ways),
nor talk idly, nor injure others by deeds or even
think of it.
- Let him walk in that path of holy men
in its other sense, ‘the earth/ i.e. ‘which does not at once yield a
harvest/ but mention the first explanation too. It is not impossible
that the word has to be taken both ways, and that the author wishes
to give with it both a sadharmya and a vaidharmyadrz’sh/anta.
- Gaut. IX, 50, 68-69.
- Gaut. IX, 47, 73 ; Vi. LXXI, 84-85 ; Ysigri. 1, 156. As an
example of ‘ a lawful act causing pain in the future/ Medh. adduces
‘ the gift of one’s whole property.’ - The last portion of the verse, ‘nor injure others, &c./ may
also be translated, ‘ let him not be intent on deeds (calculated) to
injure others.’
IV, i84. RULES FOR A SNATAKA. 1 57
which his fathers and his grandfathers followed ;
while he walks in that, he will not suffer harm.
1 79. With an officiating or a domestic priest, with
a teacher, with a maternal uncle, a guest and a de-
pendant, with infants, aged and sick men, with
learned men, with his paternal relatives, connexions
by marriage and maternal relatives,
-
- With his father and his mother, with female
relatives, with a brother, with his son and his wife,
with his daughter and with his slaves, let him not
have quarrels.
- With his father and his mother, with female
- If he avoids quarrels with these persons, he
will be freed from all sins, and by suppressing (all)
such (quarrels) a householder conquers all the fol-
lowing worlds. - The teacher is the lord of the world of
Brahman, the father has power over the world of
the Lord of created beings (Pra^apati), a guest rules
over the world of Indra, and the priests over the
world of the gods. - The female relatives (have power) over the
world of the Apsarases, the maternal relatives over
that of the Vi^ve Devas, the connexions by marriage
over that of the waters, the mother and the maternal
uncle over the earth. - Infants, aged, poor and sick men must be
considered as rulers of the middle sphere, the eldest
179-184. Y&gn. I, itf-i$%.
- Vaidyai^, ‘with learned men,’ may also mean ‘with
physicians.’ - Instead of etair gitais k% ‘ by suppressing (all) such (quarrels),’
(Medh., Gov., Kull., Ragh.), Nar. and Nand. read etair ghas £a,
‘allowing himself to be conquered by these,’ i.e. ‘by bearing with
these persons.’ This reading, though less well attested than the
vulgata, is perhaps preferable.
158 LAWS OF MANU.
IV, 185.
brother as equal to one’s father, one’s wife andjone’s
son as one’s own body,
- Qne’s slaves as one’s shadow, one’s daughter
as the highest object of tenderness ; hence if one is
\ offended by (any one of) these, one must bear it
without resentment,
y 186. Though (by his learning and sanctity) he
may be entitled to accept presents, let him not
attach himself (too much) to that (habit) ; for through
his accepting (many) presents the divine light in him
is soon extinguished.
- Without a full knowledge of the rules, pre-
scribed by the sacred law for the acceptance of
presents, a wise man should not take anything, even
though he may pine with hunger. - But an ignorant (man) who accepts gold,
land, a horse, a cow, food, a dress, sesamum-grains,
(or) clarified butter, is reduced to ashes like (a piece
of) wood. - Gold and food destroy his longevity, land
and a cow his body, a horse his eye(sight), a gar-
ment his skin, clarified butter his energy, sesamum-
grains his offspring. - A Brahma^a who neither performs austerities
nor studies the Veda, yet delights in accepting gifts,
sinks with the (donor into hell), just as (he who
attempts to cross over in) a boat made of stone (is
submerged) in the water. - Hence an ignorant (man) should be afraid of
accepting any presents ; for by reason of a very small
(gift) even a fool sinks (into hell) as a cow into a
morass. - Vi. LVII, 6-7. 187. Vi. LVII, 8.
- Yagn. I, 201. 191. Yagii. I, 202.
IV, 198. RULES FOR A SNATAKA. 1 59
- (A man) who knows the law should not offer
even water to a Brahma/za who acts like a cat, nor
to a Brahma/za who acts like a heron, nor to one
who is unacquainted with the Veda. - For property, though earned in accordance
with prescribed rules, which is given to these three
(persons), causes in the next world misery both to
the giver and to the recipient. - As he who (attempts to) cross water in a
boat of stone sinks (to the bottom), even so an igno-
rant donor and an ignorant donee sink low. - (A man) who, ever covetous, displays the
flag of virtue, (who is) a hypocrite, a deceiver of the
people, intent on doing injury, (and) a detractor
(from the merits) of all men, one must know to be
one who acts like a cat. - That Brahma/za, who with downcast look, of
a cruel disposition, is solely intent on attaining his
own ends, dishonest and falsely gentle, is one who
acts like a heron. - Those Brahma^as who act like herons, and
those who display the characteristics of cats, fall in
consequence of that wicked mode of acting into (the
hell called) Andhatamisra. - When he has committed a sin, let him not
- Vi. XCIII, 7. 195. Vi. XCIII, 8.
196-200. Vi. XCIII, 9-13.
- I have everywhere translated the word baka or vaka by
1 heron/ though, like its modern representative bagla, it is used also
as a name of the white ibis and of the bittern. But from other verses,
which speak of the baka cautiously wading in the water as if it
were afraid of hurting the aquatic animals, it would seem that the
proceedings of the heron, which one can watch in India at every
village tank, gave rise to the proverbial expressions bakavrata and
bakavratin. - Several penances, e.g. the ^andrayawa or the lunar penance,
i6o
LAWS OF MANU.
TV, 199.
«-.
perform a penance under the pretence (that the act
is intended to gain) spiritual merit, (thus) hiding his
sin under (the pretext of) a vow and deceiving women
and .Sudras.
- Such Brahma/zas are reprehended after death
and in this (life) by those who expound the Veda,
and a vow, performed under a false pretence, goes
to the Rakshasas. - He who, without being a student, gains his
livelihood by (wearing) the dress of a student, takes
upon himself the guilt of (all) students and is born
again in the womb of an animal. - Let him never bathe in tanks belonging to
other men ; if he bathes (in such a one), he is tainted
by a portion of the guilt of him who made the tank. - He who uses without permission a carriage,
a bed, a seat, a well, a garden or a house belonging
to an(other man), takes upon himself one fourth of
(the owners) guilt. - Let him always bathe in rivers, in ponds,
dug by the gods (themselves), in lakes, and in water-
holes or springs. - A wise man should constantly discharge the
paramount duties (called yama), but not always the
minor ones (called niyama) ; for he who does not
may be performed either by a sinner in order to atone for a crime
or by a guiltless man in order to gain spiritual merit ; see Baudh.
Ill, 8, 27-31.
- Vi. LXIV, 1; Y&gn. I, 159; Baudh. II, 5, 6.
- Yagn. I, 1 60; Baudh. II, 6, 29.
- Vi. LXIV, 16; Ya§™. I, 159. Garta, ‘water-holes’ (Gov.,
Nar.), means according to Kull., who quotes a verse of the Khaxi-
dogya-parmsh/a, Nand., and Ragh., ‘ a brook/ - Regarding the two classes of duties, see Y&gri. Ill, 313-
- Though the commentators give various explanations of yama
IV, 2io. RULES FOR A SNATAKA. l6l
discharge the former, while he obeys the latter alone,
becomes an outcast.
- A Brahma^a must never eat (a dinner given)
at a sacrifice that is offered by one who is not a
.Srotriya, by one who sacrifices for a multitude of
men, by a woman, or by a eunuch. - When those persons offer sacrificial viands
in the fire, it is unlucky for holy (men) and it dis-
pleases the gods ; let him therefore avoid it. - Let him never eat (food given) by intoxi- j
cated, angry, or sick (men), nor that in which hair
or insects are found, nor what has been touched
intentionally with the foot, - Nor that at which the slayer of a learned
Brahma^a has looked, nor that which has been
touched by a menstruating woman, nor that which
has been pecked at by birds or touched by a dog, — - Nor food at which a cow has smelt, nor par-
ticularly that which has been offered by an invitation
to all comers, nor that (given) by a multitude or by
harlots, nor that which is declared to be bad by a
.learned (man),
- Nor the food (given) by a thief, a musician,
a carpenter, a usurer, one who has been initiated
(for the performance of a .SYauta sacrifice), a miser,
one bound with fetters,
and niyama, it is highly probable that Kull. is right in supposing
Manu to have held the same opinion as Y&gn.
- Nar. mentions a var. lect. judrewa, ‘by a £udra,’ for ‘by
a eunuch/ - Gov. and Kull. give as an instance of ‘ a multitude,’ ‘ a fra-
ternity of Brahmaraas inhabiting a monastery.’ - I translate baddhasya niga</asya ka. according to Kull. by
‘ one bound with fetters/ because in the older Sanskrit the genitive
is occasionally used for the instrumental with passive perfect parti-
[25] M
l62
LAWS OF MANU.
IV, 211.
- By one accused of a mortal sin (Abhisasta),
a hermaphrodite, an unchaste woman, or a hypocrite,
nor (any sweet thing) that has turned sour, nor what
has been kept a whole night, nor (the food) of a
.Sudra, nor the leavings (of another man), - Nor (the food given) by a physician, a hunter,
a cruel man, one who eats the fragments (of another’s
meal), nor the food of an Ugra, nor that prepared
for a woman in childbed, nor that (given at a dinner)
where (a guest rises) prematurely (and) sips water,
nor that (given by a woman) whose ten days of im-
purity have not elapsed, - Nor (food) given without due respect, nor
(that which contains) meat eaten for no sacred pur-
pose, nor (that given) by a female who has no male
(relatives), nor the food of an enemy, nor that (given)
by the lord of a town, nor that (given) by outcasts,
nor that on which anybody has sneezed ;
ciples, and because nigada does not mean ‘ bound with fetters/ as
the other commentators assume. Nand. adds that the correct
reading is nigalena, which is found in some southern MSS.
- *Sudrasyo/£/£y$ish/am eva ka, ‘nor (the food) of a -Sudra, nor
the leavings (of any other man)/ (Kull., Nar.) ; or, ‘the leavings of
a -Sudra/ which are mentioned in order to show that a very heavy
penance has to be performed (Medh., Ragh.) ; or, ‘ that food of
which a -Sudra has eaten, and has left a remnant in the dish’
(Gov., Nand., Medh., ‘ others’). Medh. mentions also a var. lect.
u^^ish/am aguros tatha, ‘ nor the leavings of any man excepting
a Guru.’ - Ugra is explained variously as ‘ a man of the Ugra caste’
(Medh., Gov., Nar., Nand., Ragh.); or, ‘a king’ (Medh., Gov. in
the Maw^ari); or/ a man who perpetrates dreadful deeds’ (Kull.,
Ragh.). - Kull. and Gov. seem to take nagaryannam, ‘ food given by
the lord of a town/ i.e. a king (Medh., Nar., Ragh.), in the sense of
nagarannam, ‘ food given by a whole town.’
IV, 221. RULES FOR A SNATAKA. 163
- Nor the food (given) by an informer, by one
who habitually tells falsehoods, or by one who sells
(the rewards for) sacrifices, nor the food (given) by
an actor, a tailor, or an ungrateful (man), - By a blacksmith, a Nishada, a stage-player,
a goldsmith, a basket-maker, or a dealer in weapons, - By trainers of hunting dogs, publicans, a
washerman, a dyer, a pitiless (man), and a man in
whose house (lives) a paramour (of his wife), - Nor (the food given) by those who knowingly
bear with paramours (of their wives), and by those
who in all matters are ruled by women, nor food
(given by men) whose ten days of impurity on
account of a death have not passed, nor that which
is unpalatable. - The food of a king impairs his vigour, the
food of a vSttdra his excellence in sacred learning,
the food of a goldsmith his longevity, that of a
leather-cutter his fame ; - The food of an artisan destroys his offspring,
that of a washerman his (bodily) strength ; the food
of a multitude and of harlots excludes him from (the
higher) worlds. v^ “^ J Of ‘ - The food of a physician (is as vile as) pus, “
that of an unchaste woman (equal to) semen, that £5^
of a usurer (as vile as) ordure, and that of a dealer I
in weapons (as bad as) dirt. - The food of those other persons who have |
- According to ‘ others,’ quoted by Medh., Nand., and Ragh.,,
jailusha, ‘ an actor/ may also mean ‘ one who prostitutes his wife.’ - Nmarasa, ‘a pitiless man’ (Medh., Gov., Kull., Nand.,
Ragh.), may also mean ‘ a bard’ (Medh., Nar., Ragh.). - I.e. it causes him to be reborn as an animal feeding on pus
or other impure substances (Gov.).
M 2
164 LAWS OF MANU. IV, 222.
been successively enumerated as such whose food
must not be eaten, the wise declare (to be as impure
as) skin, bones, and hair.
- If he has unwittingly eaten the food of one
of those, (he must) fast for three days ; if he has
eaten it intentionally, or (has swallowed) semen,
ordure, or urine, he must perform a KriMkra.
penance. - A Brahma?2a who knows (the law) must
not eat cooked food (given) by a .Sudra who
performs no .Sraddhas ; but, on failure of (other)
means of subsistence, he may accept raw (grain),
sufficient for one night (and day). - The gods, having considered (the respective
merits) of a niggardly .Srotriya and of a liberal
usurer, declared the food of both to be equal (in
quality). - The Lord of created beings (Pra^apati) came
and spake to them, ‘ Do not make that equal, which
is unequal. The food of that liberal (usurer) is
purified by faith ; (that of the) other (man) is
defiled by a want of faith.’ - Let him, without tiring, always offer sacri
fices and perform works of charity with faith ; for
offerings and charitable works made with faith
and with lawfully-earned money, (procure) endless
rewards. - Let him always practise, according to his
- Gaut. XXIII, 23-24. Regarding the Kr/Mhra, penance,
see below, XI, 211. - Nar. explains a^raddhina^, ‘ who performs no -Sraddhas,’ by
‘ destitute of faith,’ and Nand. writes a>n-addhina>$.
224-225. Baudh. I, 10, 5 ; Vas. XIV, 17.
226-227. Gov. gives and explains 226a and 227b only.
I
IV, 234- RULES FOR A SNATAKA. 1 65
ability, with a cheerful heart, the duty of liberality,
both by sacrifices and by charitable works, if he finds
a worthy recipient (for his gifts). –
- If he is asked, let him always give some- [‘ fl: }
thing, be it ever so little, without grudging ; for a ^
worthy recipient will (perhaps) be found who saves i
him from all (guilt). -*£- - A giver of water obtains the satisfaction (of
his hunger and thirst), a giver of food imperishable /
happiness, a giver of sesamum desirable offspring, /
a giver of a lamp a most excellent eyesight. — I - A giver of land obtains land, a giver of gold
long life, a giver of a house most excellent mansions,
a giver of silver (rupya) exquisite beauty (rupa), - A giver of a garment a place in the world
of the moon, a giver of a horse (a>?va) a place in the
world of the Asvins, a giver of a draught-ox great
good fortune, a giver of a cow the world of the sun ; - A giver of a carriage or of a bed a wife,
a giver of protection supreme dominion, a giver of
grain eternal bliss, a giver of the Veda (brahman)
union with Brahman ; - The gift of the Veda surpasses all other
gifts, water, food, cows, land, clothes, sesamum, gold,
and clarified butter. - For whatever purpose (a man) bestows any
gift, for that same purpose he receives (in his next
birth) with due honour its (reward).
226-235. Vas. XXX; Vi. XCI-XCII ; Yign. I, 201, 203-212.
- Medh., Gov., Nar., and Ragh. take the verse differently.
1 With whatever disposition (a man) bestows any gift, with that
same disposition he receives (in his next birth its reward), being
duly honoured.’ Nand. omits it. K. follows Kull.’s explanation,
which is mentioned by Medh. also.
1 66
LAWS OF MANU,
IV, 235.
- Both he who respectfully receives (a gift),
and he who respectfully bestows it, go to heaven ;
in the contrary case (they both fall) into hell. - Let him not be proud of his austerities; let
him not utter a falsehood after he has offered a
sacrifice ; let him not speak ill of Brahma/zas, though
he be tormented (by them) ; when he has bestowed
(a gift), let him not boast of it.
2 37- By falsehood a sacrifice becomes vain, by
self-complacency (the reward for) austerities is lost,
longevity by speaking evil of Brahma^as, and (the
reward of) a gift by boasting.
- Giving no pain to any creature, let him
slowly accumulate spiritual merit, for the sake (of
acquiring) a companion to the next world, just as
the white ant (gradually raises its) hill.
-
- For in the next world neither father, nor
mother, nor wife, nor sons, nor relations stay to be
his companions ; spiritual merit alone remains (with
^ him).
- For in the next world neither father, nor
- Single is each being born ; single it dies ;
single it enjoys (the reward of its) virtue ; single
(it suffers the punishment of its) sin. - Leaving the dead body on the ground like
a log of wood, or a clod of earth, the relatives de-
part with averted faces ; but spiritual merit follows
the (soul). - Let him therefore always slowly accumu-
late spiritual merit, in order (that it may be his)
companion (after death) ; for with merit as his
companion he will traverse a gloom difficult to
traverse. - (That companion) speedily conducts the man
who is devoted to duty and effaces his sins by
IV, 250. RULES FOR A SNATAKA. 1 67
— . ,_ .
austerities, to the next world, radiant and clothed
with an ethereal body.
- Let him, who desires to raise his race, ever
form connexions with the most excellent (men), and I
shun all low ones. - A Brahma^a who always connects himself/
with the most excellent (ones), and shuns all inferior/
ones, (himself) becomes most distinguished ; by an]
opposite conduct he becomes a 6udra. ^X\ - He who is persevering, gentle, (and) patient, M
shuns the company of men of cruel conduct, and<fX’
does no injury (to living creatures), gains, if he con- ‘
stantly lives in that manner, by controlling his
organs and by liberality, heavenly bliss. ~ ™ - He may accept from any (man), fuel, water,
roots, fruit, food offered without asking, and honey,
likewise a gift (which consists in) a promise of pro-
tection. - The Lord of created beings (Pra^apati) has
declared that alms freely offered and brought (by
the giver himself) may be accepted even from a
sinful man, provided (the gift) had not been (asked
for or) promised beforehand. - During fifteen years the manes do not eat
(the food) of that man who disdains a (freely-offered
gift), nor does the fire carry his offerings (to the
gods). - A couch, a house, Kui*a grass, perfumes,
- Ap. I, 18, 1; Gaut. XVII, 5 ; Vas. XIV, 12 ; Vi. LVII, 11.
- Ap. 1, 10, 12-14; Vas. XIV, 16; Vi. LVII, 11; Y&gn. I, 215.
Medh., Gov., and Nar. take apra^oditam, ‘ not asked for or pro-
mised,’ in the sense of ‘not promised’ only, and so does Nand.,
who reads apraveditam. - Ip. 1, 19, 14 ; Vas. XIV, 18 ; Vi. LVII, 12.
- Gaut. XVII, 5; Vas. XIV, 12 ; Vi. LVII, 11; Ya^l I, 214.
1 68 LAWS OF MANU. IV, 251.
water, flowers, jewels, sour milk, grain, fish, sweet
milk, meat, and vegetables let him not reject, (if they
are voluntarily offered.)
- He who desires to relieve his Gurus and
those whom he is bound to maintain, or wishes to
honour the gods and guests, may accept (gifts) from
anybody ; but he must not satisfy his (own hunger)
with such (presents). - But if his Gurus are dead, or if he lives
separate from them in (another) house, let him,
when he seeks a subsistence, accept (presents) from
good men alone. - His labourer in tillage, a friend of his family,
his cow-herd, his slave, and his barber are, among
•Sudras, those whose food he may eat, likewise (a
poor man) who offers himself (to be his slave). - As his character is, as the work is which he
desires to perform, and as the manner is in which
he means to serve, even so (a voluntary slave) must
offer himself. - He who describes himself to virtuous (men),
in a manner contrary to truth, is the most sinful
(wretch) in this world ; he is a thief who makes away
with his own self. - All things (have their nature) determined by
speech ; speech is their root, and from speech they
proceed ; but he who is dishonest with respect to
speech, is dishonest in everything. - Ap. I, 7, 20; Gaut. XVII, 4 ; Vas. XIV, 13; Vi. LVII,
13 ; Yagn. I, 216. - Vi. LVII, 15.
- Ap. 1, 18, 14 ; Gaut. XVII, 5-6 ; Vi. LVII, 16.
- I. e. by denying who he really is, he destroys his own
identity.
V, 2. LAWFUL AND FORBIDDEN FOOD. 1 69
- When he has paid, according to the law, his
debts to the great sages, to the manes, and to the
gods, let him make over everything to his son and
dwell (in his house), not caring for any worldly j
concerns. - Alone let him constantly meditate in solitude
on that which is salutary for his soul ; for he who
meditates in solitude attains supreme bliss. - Thus have been declared the means by
which a Brahma/za householder must always subsist,
and the summary of the ordinances for a Snataka,
which cause an increase of holiness and are praise-
worthy. - A Brahma^a who, being learned in the lore
of the Vedas, conducts himself in this manner and
daily destroys his sins, will be exalted in Brahman’s
world.
Chapter V.
- The sages, having heard the duties of a Snataka
thus declared, spoke to great-souled Bhrzgu, who
sprang from fire : - ‘How can Death have power over Brahma^as
- Regarding the three debts, see Vas. XI, 48. This verse and
the next describe, as Medh. points out, a kind of informal sa/?z-
nyasa. - Vas. VIII, 17 j Baudh. II, 3, 1 ; Gaut. IX, 74.
V. 1. Medh., Gov., and Ragh. state correctly that Bhrzgu, though
above, I, 35, he is said to have been created by Manu, and has there-
fore been named Manava below, V, 3, is here called the offspring of
Fire, in accordance with other passages of the Veda and of the
Mahabharata.
- I.e. ‘how can they be deprived of the length of life, one
hundred years, allotted to men in the Veda?’ (Gov.. Kull.)
170
LAWS OF MANU.
V,3-
who know the sacred science, the Veda, (and) who
fulfil their duties as they have been explained (by
thee), O Lord?’
- Righteous Bhrzgu, the son of Manu, (thus)
answered the great sages : ‘ Hear, (in punishment)
of what faults Death seeks to shorten the lives of
Brahma^as ! ‘ - ‘ Through neglect of the Veda-study, through
deviation from the rule of conduct, through remiss-
ness (in the fulfilment of duties), and through faults
(committed by eating forbidden) food, Death be-
comes eager to shorten the lives of Brahma^as.’ - Garlic, leeks and onions, mushrooms and (all
plants), springing from impure (substances), are unfit
to be eaten by twice-born men. - One should carefully avoid red exudations from
trees and (juices) flowing from incisions, the .Selu
(fruit), and the thickened milk of a cow (which she
gives after calving). - Rice boiled with sesamum, wheat mixed with
butter, milk and sugar, milk-rice and flour-cakes
which are not prepared for a sacrifice, meat which
has not been sprinkled with water while sacred texts
were recited, food offered to the gods and sacrificial
viands, - The milk of a cow (or other female animal)
within ten days after her calving, that of camels,
5-25. Ap. I, 17, 18-39 ; Gaut. XVII, 22-36 ; Vas. XIV, 33-48 ;
Baudh. I, 12, 1-15; Vi. LI, 3-6, 21-42; Yagii. I, 169-178. .Selu,
i.e. Cordia Myxa.
- ‘Food offered to the gods/ i.e. the so-called Naivedya. This
and sacrificial viands, i.e. those destined for burnt-oblations, must
not be eaten before the offering has been made, afterwards the
remnants may be eaten (Medh., Gov., Kull.). - Sandhini, ‘ a cow in heat ‘ (Kull., Nar., Ragh.), means according
LAWFUL AND FORBIDDEN FOOD. I J I
of one-hoofed animals, of sheep, of a cow in heat,
or of one that has no calf with her,
- (The milk) of all wild animals excepting buffalo-
cows, that of women, and all (substances turned)
sour must be avoided. - Among (things turned) sour, sour milk, and
all (food) prepared of it may be eaten, likewise
what is extracted from pure flowers, roots, and fruit. - Let him avoid all carnivorous birds and those
living in villages, and one-hoofed animals which are
not specially permitted (to be eaten), and the Txtti-
bha (Parra Jacana), - The sparrow, the Plava, the Ha;/zsa, the
Brahma^i duck, the village-cock, the Sarasa crane,
the Ra^udala, the woodpecker, the parrot, and the
starling, - Those which feed striking with their beaks,
web-footed birds, the Koyash/i, those which scratch
with their toes, those which dive and live on fish,
meat from a slaughter-house and dried meat, - The Baka and the Balaka crane, the raven,
the Kha/^ari/aka, (animals) that eat fish, village-
pigs, and all kinds of fishes. - He who eats the flesh of any (animal) is
to Medh. and Gov. ‘ one who gives milk once a day only/ and
according to Nand. and K. ‘ one big with a calf.’
- The permission to eat one-hoofed animals is, as the com-
mentators observe, not given in the Smr/ti. The expression refers
to the cases where the Veda prescribes horses, &c, to be slain and
eaten at sacrifices. - I read with all the commentators Ra^udala instead of
Ra^g-uvala, which the printed editions give. The Ra^udala is
according to Vig-«ane.fvara the jungle-fowl, according to Nar. an
aquatic bird. - Regarding the Vaka or Baka, see above, IV, 196.
172 LAWS OF MANU. V, 16.
called the eater of the flesh of that (particular
creature), he who eats fish is an eater of every
(kind of) flesh ; let him therefore avoid fish.
- (But the fish called) Patina and (that called)
Rohita may be eaten, if used for offerings to the gods
or to the manes ; (one may eat) likewise Ra^ivas,
Siwhatu/^as, and Sasalkas on all (occasions). - Let him not eat solitary or unknown beasts
and birds, though they may fall under (the categories
of) eatable (creatures), nor any five-toed (animals). - The porcupine, the hedgehog, the iguana, the
rhinoceros, the tortoise, and the hare they declare
to be eatable ; likewise those (domestic animals) that
have teeth in one jaw only, excepting camels. - A twice-born man who knowingly eats mush-
rooms, a village-pig, garlic, a village-cock, onions, or
leeks, will become an outcast. - He who unwittingly partakes of (any of) these
six, shall perform a Sa;;ztapana (Krz&Mra) or the
lunar penance (A^andraya^a) of ascetics ; in case (he
has eaten) any other (kind of forbidden food) he
shall fast for one day (and a night). - Once a year a Brahma^a must perform a
Y^rikkhx^ penance, in order to atone for uninten-
tionally eating (forbidden food) ; but for intentionally
(eating forbidden food he must perform the penances
prescribed) specially. - Beasts and birds recommended (for con-
- Nar. explains eka^aran, ‘solitary animals,’ by ‘those who go
in herds’ (sa/;zgha£ari«a^). - Regarding the Sawtapana KnWira. and the lunar penance
of ascetics, see below, XI, 213 and 219. - Regarding the Krikkhra, penance, see below, XI, 212.
- Vas. XIV, 15.
- LAWFUL AND FORBIDDEN FOOD. I 73
sumption) may be slain by Brahma^as for sacrifices,
and in order to feed those whom they are bound
to maintain ; for Agastya did this of old.
- For in ancient (times) the sacrificial cakes were
(made of the flesh) of eatable beasts and birds at
the sacrifices offered by Brahma^as and Kshatriyas. - All lawful hard or soft food may be eaten,
though stale, (after having been) mixed with fatty
(substances), and so may the remains of sacrificial
viands. - But all preparations of barley and wheat, as
well as preparations of milk, may be eaten by twice-
born men without being mixed with fatty (substances),
though they may have stood for a long time. - Thus has the food, allowed and forbidden to
twice-born men, been fully described ; I will now
propound the rules for eating and avoiding meat. s\ - One may eat meat when it has been sprinkled /
with water, while Mantras were recited, when Brah- J
ma/zas desire (one’s doing it), when one is engaged I
(in the performance of a rite) according to the law, I
and when one’s life is in danger. - The Lord of creatures (Pra^apati) created this
whole (world to be) the sustenance of the vital spirit ;
both the immovable and the movable (creation is)
the food of the vital spirit. - What is destitute of motion is the food of
those endowed with locomotion ; (animals) without
fangs (are the food) of those with fangs, those with-
out hands of those who possess hands, and the
timid of the bold. - The eater who daily even devours those
27-56. Vas. IV, 5-8; Vi. LI, 59-78; Yagri. I, 178-181.
- Meat is sprinkled with water at the -SYauta sacrifices.
174
LAWS OF MANU.
W
w
f.31-
\
destined to be his food, commits no sin ; for the
creator himself created both the eaters and those
who are to be eaten (for those special purposes).
- * The consumption of meat (is befitting) for
sacrifices,’ that is declared to be a rule made by the
gods ; but to persist (in using it) on other (occasions)
is said to be a proceeding worthy of Rakshasas. - He who eats meat, when he honours the gods
and manes, commits no sin, whether he has bought
it, or himself has killed (the animal), or has received
it as a present from others. - A twice-born man who knows the law, must
not eat meat except in conformity with the law ; for
if he has eaten it unlawfully, he will, unable to save
himself, be eaten after death by his (victims). - After death the guilt of one who slays deer
for gain is not as (great) as that of him who eats
meat for no (sacred) purpose. - But a man who, being duly engaged (to
officiate or to dine at a sacred rite), refuses to eat
meat, becomes after death an animal during twenty-
one existences. - A Brahma^a must never eat (the flesh of)
animals unhallowed by Mantras ; but, obedient to
the primeval law, he may eat it, consecrated with
Vedic texts.
3J. If he has a strong desire (for meat) he may
make an animal of clarified butter or one of flour,
(and eat that) ; but let him never seek to destroy an
animal without a (lawful) reason.
- ‘Of one who slays deer for gain/ 4. e. of a professional
hunter of the -Sahara or other low castes. - Vas. XI, 34.
- Sahge, ‘ if (he has) a strong desire (for meat),’ (Kull., Ragh.
V, 44- LAWFUL AND FORBIDDEN FOOD. I 75
- As many hairs as the slain beast has, so often
indeed will he who killed it without a (lawful) reason
suffer a violent death in future births. ~- - Svayambhu (the Self-existent) himself created
animals for the sake of sacrifices ; sacrifices (have I
been instituted) for the good of this whole (world) ;
hence the slaughtering (of beasts) for sacrifices is
not slaughtering (in the ordinary sense of the
word). - Herbs, trees, cattle, birds, and (other) animals
that have been destroyed for sacrifices, receive (being
reborn) higher existences. - On offering the honey-mixture (to a guest), at
a sacrifice and at the rites in honour of the manes,
but on these occasions only, may an animal be slain ;
that (rule) Manu proclaimed. ^ - A twice-born man who, knowing the true
meaning of the Veda, slays an animal for these pur-|
poses, causes both himself and the animal to enten
a most blessed state. ^ - A twice-born man of virtuous disposition, J
whether he dwells in (his own) house, with a teacher,
or in the forest, must never, even in times of distress, j
cause an injury (to any creature) which is not sanc-j
tioned by the Veda. - Know that the injury to moving creatures and
to those destitute of motion, which the Veda has
means according to Medh. and K. ■ if an occasion (arises to slay
an animal at a non-Vedic rite)/ according to Gov. ‘ in case (one
suffers from) an attack by evil spirits (Bhutas and the like),’ and
according to Nand. ‘ on the occasion of social meetings.’ Ragh.
mentions Medh/s view as an optional explanation, and Nar.
objects to Gov.’s interpretation. His own explanation sahge-
tyantekayam is corrupt, but is probably intended for atyante/££/za-
yam, and thus agrees with Kull.’s.
176
LAWS OF MANU.
V, 4.*
prescribed for certain occasions, is no injury at all ;
for the sacred law shone forth from the Veda.
- He who injures innoxious beings from a wish
to (give) himself pleasure, never finds happiness,
neither living nor dead. - He who does not seek to cause the sufferings
of bonds and death to living creatures, (but) desires
the good of all (beings), obtains endless bliss. - He who does not injure any (creature), attains
without an effort what he thinks of, what he under-
takes, and what he fixes his mind on. - Meat can never be obtained without injury to
living creatures, and injury to sentient beings is
detrimental to (the attainment of) heavenly bliss;
let him therefore shun (the use of) meat. - Having well considered the (disgusting) origin
of flesh and the (cruelty of) fettering and slaying
corporeal beings, let him entirely abstain from eating
flesh. - He who, disregarding the rule (given above),
does not eat meat like a Pi^a^a, becomes dear to
men, and will not be tormented by diseases. - He who permits (the slaughter of an animal),
he who cuts it up, he who kills it, he who buys or
sells (meat), he who cooks it, he who serves it up,
and he who eats it, (must all be considered as) the
slayers (of the animal).
r52. There is no greater sinner than that (man)
who, though not worshipping the gods or the manes,
seeks to increase (the bulk of) his own flesh by the
flesh of other (beings).
ir
t^f
- The latter part of the verse may also be translated ‘will
obtain endless bliss, because he is a man who desires the good
of all creatures ‘ (Gov.).
V, 58. LAWFUL AND FORBIDDEN FOOD; IMPURITY. I 77
— . __ 4 •
- He who during a hundred years annually
offers a horse-sacrifice, and he who entirely abstains
from meat, obtain the same reward for their meri- J
torious (conduct). ~–j - By subsisting on pure fruit and roots, and by
eating food fit for ascetics (in the forest), one does
not gain (so great) a reward as by entirely avoiding
(the use of) flesh. - ‘Me he (maw sa^)’ will devour in the next
(world), whose flesh I eat in this (life) ; the wise
declare this (to be) the real meaning of the word
‘ flesh’ (ma^sa^). ..♦»
- There is no sin in eating meat, in (drinking) »
spirituous liquor, and in carnal intercourse, for thafys
is the natural way of created beings, but abstention j J
brings great rewards. - I will now in due order explain the purifica-
tion for the dead and the purification of things as
they are prescribed for the four castes (var/za). - When (a child) dies that has teethed, or that
before teething has received (the sacrament of) the
tonsure (A”\Wakara^a) or (of the initiation), all rela-
tives (become) impure, and on the birth (of a child)
the same (rule) is prescribed. - Munyannani, ‘food fit for ascetics (in the forest)/ i.e. ‘wild
rice and other produce of the forest.’ - ‘There is no sin,’ i.e. in doing these things when they are
permitted by law.
58-104. Ap. I, 15, 18; II, 15, 2-1 1 ; Gaut. XI V ; Vas. IV, 16-37;
Baudh. I, 11, 1-8, 17-23, 27-32; Vi. XXII; Yagn. Ill, 1-30.
- Medh. and Gov. explain animate, translated freely by ‘ before
teething/ as the conventional designation of ‘ a child that is younger
than one that has teethed ‘ (^atadantad balatara iti smaranti), and
Nar. and Ragh. agree to this interpretation. Kull., however, seems
to take it in the sense of ‘ after teething/ and Nand. explains it as
‘one who has been born again, i.e. has been initiated/ Gov.,
[25] N
1 78
LAWS OF MANU.
V,59.
- It is ordained (that) among Sap’mdas the im-
purity on account of a death (shall last) ten days,
(or) until the bones have been collected, (or) three
days or one day only. - But the Sapi^a-relationship ceases with the
seventh person (in the ascending and descending
lines), the Samanodaka-relationship when the (com-
mon) origin and the (existence of a common family)-
name are no (longer) known. - As this impurity on account of a death is pre-
scribed for (all) Sapi;^as, even so it shall be (held) on
a birth by those who desire to be absolutely pure. - (Or while) the impurity on account of a death
is common to all (Sapmdas), that caused by a birth
(falls) on the parents alone ; (or) it shall fall on the
mother alone, and the father shall become pure by
bathing ;
Nar., Kull., and Ragh. think that on account of the second £a, ‘or,’
the words ‘ of the initiation ‘ must be understood.
- The bones of a Brahma/za are collected on the fourth day ;
see Vi. XIX, 10. The commentators are of opinion that the
length of the period of impurity depends, in accordance with the
express teaching of other Smrz’tis, on the status of the mourner,
and that a man who knows the Mantras only of one -Sakha shall
be impure during four days, one who knows a whole -Sakha (or
two Vedas) during three days, one who knows the Veda (or three
Vedas) and keeps three or five sacred fires, during one day. Medh.,
however, mentions another interpretation, according to which the
four periods correspond to the four ages of the deceased, which
have been mentioned in the preceding verse. According to this
view the SapiWas shall mourn for an initiated person ten days,
for one who had received the tonsure four days, &c. But see
verse 67.
61-62. Medh. and Gov. have only one verse instead of the
two : ^-anane ‘py eva/ft syan matapitros tu sutakam 1 sutakaw
matur eva syad upasprzsya pita sx\k\h II ‘Even thus it shall be
(held) on a birth, or the impurity shall fall on the parents alone,
V, 66. IMPURITY. 1 79
- But a man, having spent his strength, is puri-
fied merely by bathing ; after begetting a child (on
a remarried female), he shall retain the impurity
during three days. .Ji - Those who have touched a corpse are purified
after one day and night (added to) three periods of
three days ; those who give libations of water, after
three days. - A pupil who performs the Pitrzmedha for his
deceased teacher, becomes also pure after ten days,
just like those who carry the corpse out (to the
burial-ground). - (A woman) is purified on a miscarriage in as
many (days and) nights as months (elapsed after
conception), and a menstruating female becomes j
pure by bathing after the menstrual secretion has/
ceased (to flow).
or it shall fall on the mother alone, and the father (shall become)
pure by bathing.’ Nand. leaves out the first half of verse 61, and
combines the second half of 61 with the first half of 62. He
continues in this manner down to 65, the second half of which he
takes by itself. Hence his interpretation of the following verses
is perfectly useless.
- The translation given above follows Gov., Kull., Nar., and
Ragh. Medh. differs. - According to Gov. and Nar. the rule refers to such
Brahma/zas who for money carry a dead body to the cemetery ;
according to Kull. and Ragh. to SapMas who in any way touch
a corpse out of affection. Medh. thinks that it applies to all who
touch or carry out a dead body, be it for love or for money.
Ragh. thinks that the text mentions three alternative periods of
impurity, one day, three days, and ten days. - The Pitnmedha, i.e. the Antyesh/i (Medh., Gov., Kull.,
Ragh.), or ‘ the whole of the obsequies ‘ (‘ others/ Medh.). - Thus according to Kull. ; Nar. and Ragh. think that this rule
refers to miscarriages which happen during the first six months
of pregnancy ; and that from the seventh month, whether the child
N 2
i8o
LAWS OF MANU.
V,67.
6 J. (On the death) of children whose tonsure [KiX-
^akarman) has not been performed, the (Sapi^^as)
are declared to become pure in one (day and) night ;
(on the death) of those who have received the
tonsure (but not the initiation, the law) ordains (that)
the purification (takes place) after three days.
- A child that has died before the completion
of its second year, the relatives shall carry out (of
the village), decked (with flowers, and bury it) in pure
ground, without collecting the bones (afterwards). - Such (a child) shall not be burnt with fire,
and no libations of water shall be offered to it;
leaving it like a (log of) wood in the forest, (the re-
latives) shall remain impure during three days only. - The relatives shall not offer libations to (a
child) that has not reached the third year ; but if it
had teeth, or the ceremony of naming it (Namakar-
man) had been performed, (the offering of water
is) optional. - If a fellow-student has died, the Smnti pre-
scribes an impurity of one day ; on a birth the puri-
fication of the Samanodakas is declared (to take
place) after three (days and) nights. - (On the death) of females (betrothed but) not
married (the bridegroom and his) relatives are puri-
fied after three days, and the paternal relatives
become pure according to the same rule.
lives or not, the full period of impurity must be kept. Nar., more-
over, asserts that in the first and second months the impurity shall
last three days. Sadhvr, ‘ becomes pure/ i. e. ‘ fit to perform sacred
rites ‘ (Gov.). Nar. takes the word in the sense of ‘ chaste/
- Nand. inserts verse 78 immediately after verse 66.
- ‘According to the same rule/ i.e. ‘ according to that given
in verse 67 ‘ (Medh., Gov., Nand.), or ‘just as the husband’s
relatives, i. e. after three days ‘ (Kull., Nar., Ragh.).
V,8o. IMPURITY. l8l
— — — ^\
J2>> Let (mourners) eat food without factitious
salt, bathe during three days, abstain from meat,
and sleep separate on the^round.
- The above rule regarding impurity on ac-
count of a death has been prescribed (for cases
where the kinsmen live) near (the deceased) ; (Sa-
Tpinddi) kinsmen and (Samanodaka) relatives must
know the following rule (to refer to cases where
deceased lived) at a distance (from them). - He who may hear that (a relative) residing
in a distant country has died, before ten (days after
his death have elapsed), shall be impure for the
remainder of the period of ten (days and) nights
only. - If the ten days have passed, he shall be im-
pure during three (days and) nights ; but if a year
has elapsed (since the occurrence of the death), he
becomes pure merely by bathing. - A man who hears of a (Sapi^a) relative’s
death, or of the birth of a son after the ten days (of
impurity have passed), becomes pure by bathing,
dressed in his garments. - If an infant (that has not teethed), or a (grown-
up relative who is) not a Sapi^da, die in a distant
country, one becomes at once pure after bathing in
one’s clothes. - If within the ten days (of impurity) another
birth or death happens, a Brahma/za shall remain
impure only until the (first) period of ten days has
expired. - They declare that, when the teacher (a/£arya)
has died, the impurity (lasts) three days; if the - Nand. reads anvaham, (bathe) ‘ daily ‘ instead of ‘during three
days/
l82 LAWS OF MANU. V, 8l.
(teacher’s) son or wife (is dead, it lasts) a day and
a night ; that is a settled (rule).
8 1. For a 6Yotriya who resides with (him out of
affection), a man shall be impure for three days;
for a maternal uncle, a pupil, an officiating priest,
or, a maternal relative, for one night together with
the preceding and following days.
- If the king in whose realm he resides is
dead, (he shall be impure) as long as the light (of
the sun or stars shines), but for (an intimate friend)
who is not a .Srotriya (the impurity lasts) for a
whole day, likewise for a Guru who knows the Veda
and the Ahgas.
&$. A Brahma^a shall be pure after ten days, a
Kshatriya after twelve, a Vai^ya after fifteen, and
a 6udra is purified after a month.
- Let him not (unnecessarily) lengthen the
period of impurity, nor interrupt the rites to be
performed with the sacred fires ; for he who per-
forms that (Agnihotra) rite will not be impure,
though (he be) a (Sapi^a) relative. - Upasampanne, ‘who resides with (him out of affection)/
may according to Medh. also mean ‘who is virtuous.’ According
to Nar. it means ‘ who is a neighbour.’ - Anu/£ane tatha gurau, ‘likewise for a Guru who knows the
Veda and Ahgas,’ i. e. ‘ such a one who is mentioned above, II,
149′ (Gov., Kull., Ragh.). Nar. takes the two words separately.
Medh. connects anuHne with a^rotriye, and thinks that a man
is meant who does not know the Veda, but the Ahgas. He also
mentions the explanation adopted above. Nand. finally reads
anMane tatha ‘gurau, ‘ likewise for one who knows the Veda and
the Ahgas, but is not a Guru.’ - According to Medh. the meaning of the first clause is that,
if there is an option between shorter or longer periods of impurity,
the mourner is not to choose the longer one in order to escape
the performance of his sacred duties. He adds, that others think
IMPURITY. 183
- When he has touched a -ATa/z^ala, a men-
struating woman, an outcast, a woman in childbed,
a corpse, or one who has touched a (corpse), he
becomes pure by bathing. - He who has purified himself by sipping water
shall, on seeing any impure (thing or person), always
mutter the sacred texts, addressed to Surya, and the
Pavamani (verses). - A Brahma^a who has touched a human bone
to which fat adheres, becomes pure by bathing ; if it
be free from fat, by sipping water and by touching
(afterwards) a cow or looking at the sun. - He who has undertaken the performance of a
vow shall not pour out libations (to the dead) until
the vow has been completed ; but when he has
it to be an exhortation not to delay the bath which must be taken
at the expiration of the period of impurity. The other com-
mentators mention the first explanation only. The second clause,
which refers to the continued offering of the -Srauta Agnihotra,
means according to Medh., Gov., and Nand., that an Agnihotrin
who is in mourning shall not perform the offerings in person, but
make others, who may even be his near relatives, do it for him.
Kull., Nar., and Ragh. think that the performer himself may also
offer them. Nand. explains sanabhya^, ‘a Sapiw^a’ (Gov., Kull.,
Nar., Ragh.), by sahodara^, ‘a full brother.’
- Tatsprish/inam, ‘ one who has touched a (corpse),’ (Medh.,
‘others;’ Gov., Kull., Ragh.), means according to Medh., Nar.,
and Nand. ‘ one who has touched any of those enumerated before,
a Kandah and so forth/ - ‘ He who has purified himself,’ i. e. ‘ before he begins to
worship the gods or manes’ (Medh., ‘others;’ Kull., Nar., Ragh.).
‘An impure (thing or person),’ i.e. ‘ those mentioned above.’ Medh.
and Gov. take the verse differently, ‘On seeing one of those impure
persons mentioned above, let him sip water and, thus purified,
recite, &c.’ The texts addressed to Surya are found Rig-veda I,
50, 1 seq.; the Pavamanis in Mam/ala IX. - The rule refers to a student, who must not during his
studentship perform the last rites for any deceased relative except
184 LAWS OF MANU. V,8g-
offered water after its completion, he becomes pure
in three days only.
- Libations of water shall not be offered to
those who (neglect the prescribed rites and may be
said to) have been born in vain, to those born in
consequence of an illegal mixture of the castes, to
those who are ascetics (of heretical sects), and to
those who have committed suicide, - To women who have joined a heretical sect,
who through lust live (with many men), who have
caused an abortion, have killed their husbands, or
drink spirituous liquor. - A student does not break his vow by carrying
out (to the place of cremation) his own dead teacher
(a^arya), sub-teacher (upadhyaya), father, mother, or
Guru. - Let him carry out a dead .5udra by the
southern gate of the town, but (the corpses of)
his mother (Medh.), or except his mother and father (Gov.), or
except his parents and his teacher; see below, verse 91 (Kull.,
Ragh.). According to K. ‘others’ think that the rule refers to
those performing a lunar penance or other vows.
- ‘To those who (neglect the prescribed rites and may be said
to) have been born in vain’ (Gov., Kull., Nand., Ragh.’), i.e. ‘to
those who for a year belonged to no order’ (Medh.), or ‘to
eunuchs ‘ (Nar.). The term sa^kara^a^, ‘ born in consequence
of an illegal mixture of the castes/ includes besides those sprung
from mothers of a higher and fathers of a lower caste, sons of
widows not appointed and of adulteresses (Medh., Gov., Nand.).
‘Ascetics (of heretical sects),’ i.e. Kapalikas, those wearing red
garments, &c. (Medh.). Nar. and Ragh. refer the term to orthodox
ascetics. - Pashatfrfam, ‘ a heretical sect,’ i.e. the Kapalikas, those wearing
red garments ‘ (Medh.), or ‘ Bauddhas and so forth ‘ (Nar.). - ‘Guru,’ i. e. ‘one who explains the Veda’ (Nar., Kull.), or
‘him who is mentioned above, II, 149’ (Medh., Gov.). - I.e. a Vaijya by the western gate, a Kshatriya by the
V, 97- IMPURITY. 185
twice-born men, as is proper, by the western,
northern, or eastern (gates).
- The taint of impurity does not fall on kings,
and those engaged in the performance of a vow, or
of a Sattra ; for the (first are) seated on the throne
of Indra, and the (last two are) ever pure like
Brahman. - For a king, on the throne of magnanimity,
immediate purification is prescribed, and the reason
for that is that he is seated (there) for the protection
of (his) subjects. - (The same rule applies to the kinsmen) of those
who have fallen in a riot or a battle, (of those who
have been killed) by lightning or by the king, and (of
those who perished fighting) for cows and Brahma-
/2as, and to those whom the king wishes (to be pure). - A king is an incarnation of the eight guardian
deities of the world, the Moon, the Fire, the Sun, i
the Wind, Indra, the Lords of wealth and water
(Kubera and Varu/za), and Yama. - Because the king is pervaded by (those)
northern, and a Brahma/za by the eastern (Medh., Gov., Kull.,
Nand., Ragh.).
- ‘A vow,’ i.e. ‘the studentship (Nar.), also a lunar penance
and the like’ (Medh., Gov., Kull.); ‘a Sattra,’ i.e. ‘a long sacrifice
such as the Gavamayana.’ Brahmabhuta^, ‘pure like Brahman’
(Kull., Nar., Ragh.), means according to Medh. ‘ they have reached
Brahmahood.’ - Nand. and K. explain <fimbha, ‘in a riot,’ to mean ‘by in-
fants/ ‘ Whom the king wishes (to be pure)/ i. e. ‘ his servants and
ministers whom he wants for his affairs.’ Nar. inserts another
class, ‘ (the kinsmen of those who have been killed) by Brahma^as,
i.e. by incantations.’ But I do not understand how the word could
be made to suit the verse. - See below, VII, 4.
- Medh. reads loke^aprabhavapyayau, and the second half
1
1 86 LAWS OF MANU. V, 98.
lords of the world, no impurity is ordained for him ;
for purity and impurity of mortals is caused and
I removed by (those) lords of the world.
- By him who is slain in battle with brandished
weapons according to the law of the Kshatriyas, a
(.Srauta) sacrifice is instantly completed, and so is
the period of impurity (caused by his death) ; that
is a settled rule. - (At the end of the period of impurity) a Brah-
ma^a who has performed the necessary rites, be-
comes pure by touching water, a Kshatriya by
touching the animal on which he rides, and his
weapons, a Vaiiya by touching his goad or the
nose-string (of his oxen), a .5udra by touching his
staff. - Thus the purification (required) on (the
death of) Sapi/z^as has been explained to you, O
best of twice-born men ; hear now the manner in
which men are purified on the death of any (relative
who is) not a Saprnda.
10 1. A Brahma^a, having carried out a dead
verse must then be translated ‘ purity and impurity affect mortals,
they are caused and removed by the guardians of the world/
Nar., Nand., and K. read loke-raprabhavo hy ayam, ‘but he (the)
king springs from the guardians of the world.’ Nar. mentions
also a reading lokeyaprabhave ‘pyaya/£, ‘for him who springs
from the guardians of the world, (purity and impurity) do not
exist.’
- According to Medh. some contend that this rule refers only
to those who die on the battle-field, not to those who die later of
their wounds. Y&gn&h, ‘ a (.Srauta) sacrifice ‘ (Medh., Kull., Ragh.),
means according to Nar. ‘ the funeral sacrifice.’ - ‘Touching water,’ i.e. ‘bathing’ (Medh., Kull., Nar.), ‘ washing
his hands ‘ (Gov.).
1 01. ‘The relatives of his mother and (the Sagotras of his
father), or connexions by marriage, are meant’ (Nar.).
V, io6. IMPURITY.
Brahma/za who is not a Sapi/z^a, as (if he were) a
(near) relative, or a near relative of his mother,
becomes pure after three days ;
1 02. But if he eats the food of the (Sapi/z^as of
the deceased), he is purified in ten days, (but) in
one day, if he does not eat their food nor dwells in
their house.
- Having voluntarily followed a corpse, whether
(that of) a paternal kinsman or (of) a stranger, he
becomes pure by bathing, dressed in his clothes, by
touching fire and eating clarified butter. - Let him not allow a dead Brahma/za to be
carried out by a .Sudra, while men of the same caste
are at hand ; for that burnt-offering which is defiled
by a 6udra’s touch is detrimental to (the deceased’s
passage to) heaven. ^. - The knowledge (of Brahman) austerities, fire, /
(holy) food, earth, (restraint of) the internal organ, I
water, sjnearing; (with _cowdung). the wind, sacred
rites, the sun, and time are the purifiers of corporeal
(beings). “^ - Among all modes of purification, purity in
(the acquisition of) wealth is declared to be the best; Jff%
for he is pure who gains wealth with clean hands, ^
not he who purifies himself with earth and water.
fl
- In case he stays in the house of the mourners, he becomes
impure for three days (Gov., Kull., Ragh., K.). - According to Nar. the rule refers exclusively to Brahmaraas,
according to Medh. and Kull. to all Aryans. The burning of the
body is euphemistically called a burnt-offering. - Vi. XXII, 88; Y&gri. Ill, 31; Baudh. I, 8, 52. ManaA
kshamakhya^ (?) niyamayuktazrc mano ^ivasya (Nar.). The other
commentators take mana^, ‘ the mind or internal organ,’ in the sense
of ‘ a sanctified heart.’ - Vi. XXII; 89; Y%7?. Ill, 32.
i88
LAWS OF MANU.
V, 107.
5)
- The learned are purified by a forgiving
disposition, those who have committed forbidden
actions by liberality, secret sinners by muttering
(sacred texts), and those who best know the Veda
by austerities. - By earth and water is purified_what ought
to be made pure, a river by its current, a woman
whose thoughts have been impure by the menstrual
secretion, a_jrahma^a_^^^andonjn^_the wprld
(sa^nyasa). - The body is cleansed by water, the internal
organ is purified by truthfulness, the individual soul
by sacred learning and austerities, the intellect by
(true) knowledge.
no. Thus the precise rules for the purification of
the body have been declared to you ; hear now the
decision (of the law) regarding the purification of
the various (inanimate) things.
in. The wise ordain that all (objects) made of
metal, gems, and anything made of stone are to be
cleansed with ashes, earth, and water.
- A golden vessel which shows no stains,
becomes pure with water alone, likewise what is
produced in water (as shells and coral), what is made
of stone, and a silver (vessel) not enchased. - Vi. XXII, 90; Ya^l III, 33.
- Vi. XXII, 91 ; Vas. Ill, 58 ; Ya^l. Ill, 32.
- Vi. XXII, 92 ; Vas. Ill, 60; Ya^fi. Ill, 33-34.
no. Vi. XXII, 93.
111-126.^.1,17,8-13; 11,3,9; Gaut.1, 29-34; Vas.III, 44-57,
59, 61-63 ; Baudh. I, 8, 32-53, 9, 1-4, 7-12, 10, 1-9 ; 13, 11-14,
19; Vi. XXIII, 2-46, 56 j YSgfi. I, 182-190.
- Anupaskrz’tam, ‘not enchased,’ may also mean according to
Medh. and Nand. ‘ not defiled very much.’ Medh. and Nar. add
V, n8. PURIFICATION. 1 89
- From the union of water and fire arose the
glittering gold and silver ; those two, therefore, are
best purified by (the elements) from which they
sprang. - Copper, iron, brass, pewter, tin, and lead
must be cleansed, as may be suitable (for each
particular case), by alkaline (substances), acids or
water. - The purification prescribed for all (sorts of)
liquids is by passing two blades of Ku^a grass
through them, for solid things by sprinkling (them
with water), for (objects) made of wood by planing
them. - At sacrifices the purification of (the Soma
cups called) Aamasas and Grahas, and of (other)
sacrificial vessels (takes place) by rubbing (them)
with the hand, and (afterwards) rinsing (them with
water).
1 1 7. The Ka.ru and (the spoons called) Sru£ and
Sruva must be cleaned with hot water, likewise (the
wooden sword, called) Sphya, the winnowing-basket
(.Surpa), the cart (for bringing the grain), the pestle
and the mortar.
- The manner of purifying large quantities of
grain and of cloth is to sprinkle them with water ;
that this last term applies to all the various objects mentioned in
the verse.
- Medh., Gov., and Kull. quote a Vedic passage which
derives the origin of gold from Agni and the goddess Varuwani. - Utpavanam or utplavanam (Gov., Kull., Ragh.), ‘passing
two blades of Ku^a grass through them/ means according to
Medh., ‘ others,’ and K. ‘ purifying by pouring them into another
vessel, filled with pure liquids of the same kind/ according to Nar.
by ‘ straining through a cloth/ ‘ Solid things/ i. e. ‘a couch, a seat,
and the like/
I90 LAWS OF MANU. V, 119.
but the purification of small quantities is prescribed
(to take place) by washing them.
- Skins and (objects) made of split cane must
be cleaned like clothes ; vegetables, roots, and fruit
like grain ; - Silk and woollen stuffs with alkaline earth;
blankets with pounded Arish/a (fruit) ; A^mpa^as
with Bel fruit ; linen cloth with (a paste of) yellow
mustard. - A man who knows (the law) must purify
conch-shells, horn, bone and ivory, like linen cloth,
or with a mixture of cow’s urine and water. - Grass, wood, and straw become pure by being
sprinkled (with water), a house by sweeping and
smearing (it with cowdung or whitewash), an earthen
(vessel) by a second burning. - An earthen vessel which has been defiled
by spirituous liquor, urine, ordure, saliva, pus or
blood cannot be purified by another burning. - Land is purified by (the following) five
(modes, viz.) “by sweeping, by smearing (it with cow-
dung), by sprinkling (it with cows’ urine or milk),
by scraping, and by cows staying (on it during a
day and night). - (Food) which has been pecked at by birds,
- Vaidalanam, ‘ objects made of split cane’ (Kull., K., Ragh.,
Nar., Nand.), means according to Medh. and Gov. ‘ made of the
bark of trees and the like.’ Medh. remarks that this and other
rules, where skins and so forth are mentioned, apply also to objects
made of such things, e.g. shoes. - Arish/a, i.e. Sapindus detergens, the soap-berry tree.
Amupa//a means according to Gov., Nand., and Nar. ‘ cloth made
of thinned bark/ according to Kull. and Ragh. ‘ upper garments
for women (Saris) made of fine cloth ‘ (pa/Za^a/aka, pa//a^a/i). - ‘By birds/ i.e. ‘by parrots and the like, not by crows,
V, I2Q. PURIFICATION. I9I
smelt at by cows, touched (with the foot), sneezed
on, or denied by hair or insects, becomes pure by
scattering earth (over it).
- As long as the (foul) smell does not leave
an (object) defiled by impure substances, and the
stain caused by them (does not disappear), so long
must earth and water be applied in cleansing (in-
animate) things. ^__^ - The gods declared three things (to be) pure /
to Brahma/zas, that (on which) no (taint is) visible,
what has been washed with water, and what has
been commended (as pure) by the word (of a
Brahma/za). - Water, sufficient (in quantity) in order to
slake the thirst of a cow, possessing the (proper)
smell, colour, and taste, and unmixed with impure
substances, is pure, if it is collected on (pure)
ground. - The hand of an artisan is always pure, so
is (every vendible commodity) exposed for sale in
vultures, and other impure ones ‘ (Medh., Gov., Kull.). Avadhutam,
‘ touched (with the foot)/ (Kull., Ragh.), means according to Medh.
1 blown upon with the mouth,’ or ‘ dusted with a dress/ according
to Gov. ‘ dusted with a dress/ according to Nar. ‘ moved by the
wind (caused by the motion) of a cloth, the foot or the like/
according to Nand. ‘ defiled by the dust of a broom or of the air
moved by the wings (of a bird).’
- Vas. XIV, 24; Baudh. I, 9, 9; Vi. XXIII, 47; Yfew. I,
- In conformity with the opinion of the commentators I
translate pavitram by ‘ pure.’ But the word has also the meaning
of ‘means of purification/ in which I have taken it in the
translations of the parallel passages. The general sense remains
the same. - Vas. Ill, 35-36, 47; Baudh. I, 9, 10; Vi. XXIII, 43;
Yagii. I, 192. - Baudh. I, 9, i; Vi. XXIII, 43.
192
LAWS OF MANU.
V, 130.
1
the market, and food obtained by begging which
a student holds (in his hand) is always fit for use ;
that is a settled rule.
- The mouth of a woman is alwaysjpure, like-
wise a bird when he causes a fruit to fall ; a calf
is pure on the flowing of the milk, and a dog when
he catches a deer. - Manu has declared that the flesh (of an
animal) killed by dogs is pure, likewise (that) of
a (beast) slain by carnivorous (animals) or by men
of low caste (Dasyu), such as A’a/z^alas. - All those cavities (of the body) which lie
above the navel are pure, (but) those which are
below the navel are impure, as well as excretions
that fall from the body. - Flies, drops of water, a shadow, a cow, a
horse, the rays of the sun, dust, earth, the wind, and
fire one must know to be pure to the touch. - In order to cleanse (the organs) by which
urine and faeces are ejected, earth and water must
be used, as they may be required, likewise in remov-
ing the (remaining ones among) twelve impurities
of the body. - Baudh. I, 9, 2 ; Vi. XXIII, 49 ; Yagii. I, 193.
- Vas. Ill, 45; Vi. XXIII, 50; Yagn. I, 192.
- Vi. XXIII, 51; Yagri. 1, 194.
- Vi. XXIII, 51 ; Yagn. 1, 193. ‘Drops of water/ i.e. ‘such
as are only perceptible by the touch’ (Medh., Gov.), or ‘such as
come from the mouth, i.e. of saliva’ (Kull., Ragh., Nar.). Ragh.
adds, ‘ and a continuous stream of water.’ - Ap. 1, 16, 15 ; Gaut. I, 43 ; Vas. VI, 14 ; Yagn. I, 17. ‘ As
they may be required,’ i.e. ‘for removing the first six kinds of
impurities enumerated in the next verse, as much water and earth
as may be required, and for the last six water only’ (Gov., Kull.,
Nar., Reign.).
V, 140. PURIFICATION. 1 93
- Oily exudations, semen, blood, (the fatty sub-
stance of the) brain, urine, faeces, the mucus of the
nose, ear-wax, phlegm, tears, the rheum of the eyes,
and sweat are the twelve impurities of human
(bodies). - He who desires to be pure, must clean the
organ by one (application of) earth, the anus by
(applying earth) three (times), the (left) hand alone
by (applying it) ten (times), and both (hands) byl
(applying it) seven (times). ~*\ - Such is the purification ordained for house- •
holders ; (it shall be) double for students, treble for
hermits, but quadruple for ascetics. - When he has voided urine or faeces, let him,
after sipping water, sprinkle the cavities, likewise
when he is going to recite the Veda, and always
before he takes food.
1 39. Let him who desires bodily purity first sip
water three times, and then twice wipe his mouth ;
but a woman and a 6udra (shall perform each act)
once (only).
- 6udras who live according to the law, shall
each month shave (their heads) ; their mode of
purification (shall be) the same as that of Vai.yyas,
and their food the fragments of an Aryan’s meal. - Vas.VI, 18; Vi. LX, 25.
- Vas.VI, 19; Vi. LX, 26.
- Gaut. I, 36 ; Baudh. I, 8, 26 ; Vi. LXII, 8. ‘The cavities/
i. e. of the head (Gov.), and also the navel, the heart, and the
crown of the head (Nar., Kull.). - Ap. I, 16, 3-8; Gaut. I, 36; Vas. Ill, 27-28; Baudh. I, 8,
20-22; Vi. LXII, 6-8; Ya^ft. I, 20. - Ap. II, 3, 4-6. ‘ Who live according to the law/ i.e. ‘who
serve Aryans’ (Medh., Gov., Kull., Ragh.). Nand. thinks that
masikaw vapanaw karyaw, ‘ shall shave each month/ means ‘ shall
offer the monthly Sraddha.’
[25] o
t
194
LAWS OF MANU.
X’
- Drops (of water) from the mouth which do
not fall on a limb, do not make (a man) impure,
nor the hair of the moustache entering the mouth,
nor what adheres to the teeth. - Drops which trickle on the feet of him who
offers water for sipping to others, must be con-
sidered as equal to (water) collected on the ground ;
they render him not impure. - He who, while carrying anything in any
manner, is touched by an impure (person or thing),
shall become pure, if he performs an ablution, with-
out putting down that object. - He who has vomited or purged shall bathe,
and afterwards eat clarified butter ; but if (the attack
comes on) after he has eaten, let him only sip water ;
bathing is prescribed for him who has had intercourse
I with a woman.
- Though he may be (already) pure, let him sip
water after sleeping, sneezing, eating, spitting, telling
untruths, and drinking water, likewise when he is
going to study the Veda.
j 46. Thus the rules of personal purification for
men of all castes, and those for cleaning (inanimate)
things, have been fully declared to you : hear now
the duties of women.
tba
wi
- Ap. I, 16, 13; Gaut. I, 38-41; Vas. Ill, 37,40-41; Baudh.
I, 8, 23-25; Vi. XXIII, 53; Y&gn. I, 195. I read with Medh.,
Gov., Nar., Nand., and K., arigaw na yanti ya^, instead of ahge
patanti, ‘which fall on a limb,’ the reading of Kull. and Ragh. - Vas. Ill, 42; Vi. XXIII, 54.
143- Gaut. I, 28; Vas. Ill, 43; Baudh. I, 8, 27-29; Vi.
XXIII, 55.
- Ap. I, 16, 14; Gaut. I, 37; Vi. XXII, 75; Y&gn. I, 196.
According to Medh., some refer this verse to a repeated sipping of
water.
v, 152. purification; women. 195
- By a girl, by a young woman, or even by an
aged one, nothing must be done independently, even
in her own house. - In childhood a female must be subject to
her father, in youth to her husband, when her lord
is dead to her sons ; a woman must never be in-
dejDencjejjt. - She must not seek to separate herself from
her father, husband, or sons ; by leaving them she
would make both (her own and her husband’s)
families contemptible. - She must always be cheerful, clever in (the
management of her) household affairs, careful in
cleaning her utensils, and economical in expenditure. - Him to whom her father may give her, or
her brother with the fathers permission, she shall
obey as long as he lives, and when he is dead, she
must not insult (his memory). - For the sake of procuring good fortune
to (brides), the recitation of benedictory texts
(svastyayana), and the sacrifice to the Lord of
creatures (Pra^apati) are used at weddings ; (but)
the betrothal (by the father or guardian) is the cause
of (the husbands) dominion (over his wife).
147-149. See below, IX, 2-3; Vi. XXVI, 12-13; Y^w.1,85-86.
- Vi. XXVI, 4-6 ; Ya^l. I, 83.
- Vi. XXVI, 14; Y&gn.l, 63.
- Svastyayanam, ‘the recitation of benedictory texts/ i.e. ‘of
those intended for averting evil omens’ (Gov., Kull.) ; or ‘the
Puwyahava^ana and the rest’ (Nar.) ; or ‘ the recitation of the
texts which precede the nuptial burnt-oblation’ (Ragb., Nand.).
Medh. connects the word with yagiia/i, and explains it by ‘that
whereby welfare is obtained.’ Medh. explains the expression ‘ the
sacrifice to Pia^apati ‘ by stating that ‘ some’ prescribe at a wedding
an oblation with the verse Pra^apate na tvad evanya^ (? tvadetany,
Rig-veda X, 121, 10), and that the offerings to the other gods are
O 2
19^ LAWS OF MANU. V, 153.
- The husband who wedded her with sacred
texts, always gives happiness to his wife, both in
season and out of season, in this world and in the
next. - Though destitute of virtue, or seeking
pleasure (elsewhere), or devoid of good qualities,
(yet) a husband must be constantly worshipped as
a god by a faithful wife. - No sacrifice, no vow, no fast must be per-
formed by women apart (from their husbands); if
a wife obeys her husband, she will for that (reason
alone) be exalted in heaven. - A faithful wife, who desires to dwell (after
death) with her husband, must never do anything
that might displease him who took her hand, whether
he be alive or dead. - At her pleasure let her emaciate her body
by (living on) pure flowers, roots, and fruit ; but she
must never even mention the name of another man
after her husband has died. - Until death let her be patient (of hardships),
self-controlled, and chaste, and strive (to fulfil) that
most excellent duty which (is prescribed) for wives
who have one husband only. - Many thousands of Brahma/zas who were
chaste from their youth, have gone to heaven with-
out continuing their race.
implied by this expression. Nar. thinks that the Pra^apati called
Manu is the guardian deity of the bride, and hence the nuptial
oblations are called ‘ the sacrifice to Pra^apati.’
- Vi. XXVI, 15; Yfyn. I, 77-
156-166. See below, IX, 64-68 ; Yagn. I, 75, 87.
- Medh. takes this opportunity to strongly object to the prac-
tice of widows burning themselves with their husbands’ corpses. - Gov. and Kull. think that the verse refers to the Valakhilya
^?/shis.
V, 166. WOMEN. I97
- A virtuous wife who after the death of her
husband constantly remains chaste, reaches heaven,
though she have no son, just like those chaste
men. - But a woman who from a desire to have
offspring violates her duty towards her (deceased)
husband, brings on herself disgrace in this world, and
loses her place with her husband (in heaven). - Offspring begotten by another man is here
not (considered lawful), nor (does offspring begotten)
on another man’s wife (belong to the begetter), nor
is a second husband anywhere prescribed for vir-
tuous women. - She who cohabits with a man of higher
caste, forsaking her own husband who belongs to
a lower one, will become contemptible in this world,
and is called a remarried woman (parapurva). - By violating her duty towards her husband,
a wife is disgraced in this world, (after death) she
enters the womb of a jackal, and is tormented by
diseases (the punishment of) her sin. - She who, controlling her thoughts, words,
and deeds, never slights her lord, resides (after
death) with her husband (in heaven), and is called
a virtuous (wife). - In reward of such conduct, a female who
controls her thoughts, speech, and actions, gains in
this (life) highest renown, and in the next (world)
a place near her husband. - Vi. XXVI, 17.
- Medh., Nar., and Nand. take the first part of the verse dif-
ferently : ‘ Offspring begotten by another man does not belong (to
the mother)/ The other explanation is given by Gov. and KulL - Medh. omits verses 165-166.
I98 LAWS OF MANU. V, 167
- A twice-born man, versed in the sacred law,
shall burn a wife of equal caste who conducts herself
thus and dies before him, with (the sacred fires used
for) the Agnihotra, and with the sacrificial imple-
ments. - Having thus, at the funeral, given the sacred
fires to his wife who dies before him, he may marry
again, and again kindle (the fires). - (Living) according to the (preceding) rules,
he must never neglect the five (great) sacrifices,
and, having taken a wife, he must dwell in (his
own) house during the second period of his life
[67.
Chapter VI.
- A twice-born Snataka, who has thus lived
according to the law in the order of householders,
may, taking a firm resolution and keeping his organs
in subjection, dwell in the forest, duly (observing
the rules given below). - When a householder sees his (skin) wrinkled,
and (his hair) white, and the sons of his sons, then
he may resort to the forest.
167-168. Yagn. I, 88.
VI. 1-32. Ap. II, 21, 18-23, 2; Gaut. Ill, 26-35; Vas. VI,
19-20; IX; Baudh. II, 11, 14-15; HI, 18-4, 22; Vi. XCIV-
XCV; Ya^. Ill, 45-55.
- Niyata^, ‘taking a firm resolution’ (Gov.,Kull.), means accord-
ing to Nar. ‘ devoted to the restrictive duties, austerities, reciting
the Veda, and so forth.’ Kull. connects yathavad, ‘ duly observing,’
&c. (Gov., Nar.), with ‘ keeping his organs in subjection.’ - Medh. notes particularly that the -Sish/as insist on the neces-
sity that he who takes to forest-life must have sons and sons’ sons,
and that hence apatya, * offspring,’ is to be taken in this restricted
sense. Nar. holds that the verse gives three separate grounds for
entering the third order, each of which is sufficient by itself, while
VI, 8. THE HERMIT IN THE FOREST. 1 99
- Abandoning all food raised by cultivation, and
all his belongings, he may depart into the forest,
either committing his wife to his sons, or accom-
panied by her. - Taking with him the sacred fire and the
implements required for domestic (sacrifices), he
may go forth from the village into the forest and
reside there, duly controlling his senses. - Let him offer those five great sacrifices accord-
ing to the rule, with various kinds of pure food fit
for ascetics, or with herbs, roots, and fruit. ^ - Let him wear a skin or a tattered garment ,;
let him bathe in the evening or in the morning;
and let him always wear (his hair in) braids, the:
hair on his body, his beard, and his nails (being^
undipped). - Let him perform the Bali-offering with such
food as he eats, and give alms according to his
ability; let him honour those who come to his
hermitage with alms consisting of water, roots, and
fruit. - Let him be always industrious in privately
reciting the Veda ; let him be patient of hardships,
friendly (towards all), of collected mind, ever liberal
Medh. thinks that the three conditions must exist together. Others,
however, mentioned by Medh., took the verse to give a description
of the approach of old age, which entitles the householder to turn
hermit.
- ‘ If his wife desires to accompany him, she may do so. But
others say that he is to leave his wife behind if she is young, but
shall take her with him if she is aged ‘ (Medh.). - .fflram, ‘a tattered garment’ (vastrakhawdam, Medh., Gov.,
Kull.), may also mean « a dress made of bark, Kuja grass, or the
like’ (Gov., Nar., Ragh.). - Danta^, ‘ patient of hardships,’ means according to Medh. and
Nar. ‘ free from pride/ Gov. reads in the beginning of the second
200 LAWS OF MANU. VI, 9.
anc* 2S^H«AreS?iXH. SL Ji£s> an( compassionate
towards all living creatures.
- Let him offer, according to the law, the Agni-
hotra with three sacred fires, never omitting the
new-moon and full-moon sacrifices at the proper
time. - Let him also offer the Nakshatresh/i, the
Agraya/za, and the A!aturmasya (sacrifices), as well
as the Turaya^a and likewise the D&kshaya/za, in
due order.
1 1 . With pure grains, fit for ascetics, which grow
in spring and in autumn, and which he himself has
collected, let him severally prepare the sacrificial
cakes (puroafasa) and the boiled messes (y£aru), as
the law directs.
- Having offered those most pure sacrificial
viands, consisting of the produce of the forest, he
may use the remainder for himself, (mixed with)
salt prepared by himself.
half- verse, tyaktadvandvo ‘nisam data, ‘let him not care for the pairs
of opposites, let him be ever liberal and compassionate towards all
creatures/
- Yogata^, ‘ at the proper time’ (Kull., Ragh.), means according
to Medh. and Gov. ‘ as required by law ; ‘ according to Nar. * dili-
gently/ - Medh. reads Dawesh/i for ifrkshesh/i, « the Nakshatresh/i/
I read with Medh., Nar., Nand., and Ragh., Turayawa (see -Sankh.
Srauta-sutra IV, 11) instead of Uttarayaraa, ‘the sacrifice at the
winter-solstice/ which Gov., Kull., and K. give. The first reads also
more consistently than Kull. and K. : Dakshi#aya«a#z, ‘ the sacrifice
at the summer-solstice/ for Dakshasyaya«am, ‘ the Dakshayawa/ The
Nakshatresh/i is a .SYauta sacrifice offered to the lunar mansions.
Regarding the variety of the Darcapaurwamasa, called Dakshayawa,
see Asv. -Srauta-sutra II, 14. - According to Kull., the hermit is to collect the salt from
usharas, i.e. salt-marshes ; according to Ndr., he is to prepare it
from the kshara, ‘salt or alcaline elements’ of trees and the like.
VI, 18. THE HERMIT IN THE FOREST. 201
- Let him eat vegetables that grow on dry land
or in water, flowers, roots, and fruits, the productions
of pure trees, and oils extracted from forest-fruits. - Let him avoid honey, flesh, and mushrooms
growing on the ground (or elsewhere, the vegetables
called) Bhustri^a, and ^igruka, and the KSleshman-
taka fruit. - Let him throw away in the month of Asvina
the food of ascetics, which he formerly collected,
likewise his worn-out clothes and his vegetables,
roots, and fruit. **\
1 6. Let him not eat anything (grown on) ploughed I
(land), though it may have been thrown away byj
somebody, nor roots and fruit grown in a village, I
though (he may be) tormented (by hunger).
- He may eat either what has been cooked
with fire, or what has been ripened by time ; he
either may use a stone for grinding, or his teeth
may be his mortar. - He may either at once (after his daily meal)
cleanse (his vessel for collecting food), or lay up a - Bhustrma, i.e. Andropogon Schoenanthus, Sigruka, according
to Nar., the same as the Sobhanan^ana, i.e. Moringa Pterygosperma,
the horse-radish tree, the leaves of which are said to be used as a
vegetable. According to Medh., these two vegetables are known
among the Bahikas, in the Panjab ; according to Gov., Kull., Ragh.,
the former is found in Malva. Sleshmantaka, i.e. Cordia Myxa.
According to Medh., bhaumani, ‘ those which grow on or come from
the ground/ has to be taken as a separate word, and denotes a
plant, known to the woodmen, named Gqgihvika, Phlomnis or
Premna Esculenta. Gov., Nar., and Kull. give the construction
adopted above, and the latter two declare that mushrooms growing
on trees are likewise forbidden. - ‘ Though he may be in distress/ i.e. ‘tormented by hunger*
(Gov., Kull.), or ‘ sick’ (Nar.). - ‘He may either at once (after his daily meal) cleanse (his
202 LAWS OF MANU. VI,
store sufficient for a month, or gather what suffices
for six months or for a year.
- Having collected food according to his ability,
he may either eat at night (only), or in the day-time
(only), or at every fourth meal-time, or at every
eighth. - Or he may live according to the rule of the
lunar penance (Aandraya^a, daily diminishing the
quantity of his food) in the bright (half of the month)
and (increasing it) in the dark (half) ; or he may eat
on the last days of each fortnight, once (a day only),
boiled barley-gruel.
2i. Or he may constantly subsist on flowers,
roots, and fruit alone, which have been ripened by
time and have fallen spontaneously, following the
rule of the (Institutes) of Vikhanas.
- Let him either roll about on the ground, or
stand during the day on tiptoe, (or) let him alter-
nately stand and sit down ; going at the Savanas (at
sunrise, at midday, and at sunset) to water in the
forest (in order to bathe).
% 23. In summer let him expose himself to the
heat of five fires, during the rainy season live under
the open sky, and in winter be dressed in wet
clothes, (thus) gradually increasing (the rigour of)
his austerities.
vessel for collecting food),’ (Nar.), means ‘he may either gather
only as much as suffices for one day.’ This mode of subsistence
is apparently the same as that called Samprakshalani vr/tti by
Baudhayana, III, 2, 11.
- All the commentators except Nar. expressly state that the
text refers to a particular set of Sutras, ascribed to the jfr’shi
Vikhanas, which contained rules for hermits. Medh. adds that the
hermit is to learn other practices also from that work. - ‘Five fires,’ i.e. ‘four fires and the sun from above.’
VT, 29. THE HERMIT IN THE FOREST. 203
~ — ~ – — > ■■-)
- When he bathes at the three Savanas (sunrise,
midday, and sunset), let him offer libations of water to
the manes and the gods, and practising harsher and
harsher austerities, let him dry up his bodily frame.^J - Having reposited the three sacred fires in
himself, according to the prescribed rule, let him
live without a fire, without a house, wholly silent,
subsisting on roots and fruit, - Making no effort (to procure) things that give
pleasure, chaste, sleeping on the bare ground, not
caring for any shelter, dwelling at the roots of trees. / - From Brahma^as (who live as) ascetics, let
him receive alms, (barely sufficient) to support life,
or from other householders of the twice-born (castes)
who reside in the forest. - Or (the hermit) who dwells in the forest may
bring (food) from a village, receiving it either in a
hollow dish (of leaves), in (his naked) hand, or in a
broken earthen dish, and may eat eight mouthfuls - These and other observances must a Brah-
ma/za who dwells in the forest diligently practise,
and in order to attain complete (union with) the
(supreme) Soul, (he must study) the various sacred
texts contained in the Upanishads, — - Gov. says that these harsher austerities are those prescribed
in the Vaikhanasa ^astra. Medh. gives as instances, standing with
uplifted arms, fasting for a month, and the Dvada^aratra. - ‘According to the rule,’ i.e. ‘by swallowing ashes and so forth’
(Medh., Gov., Kull.), which mode has to be learned from the aShi-
vawaka -Srama^aka Sutra, or by reciting the text ‘ Ya te
agne ya^iya,’ Taitt. Sa/rch. II, 5, 8, 8 (Nar.). - Atmasawsiddhaye, ‘in order to attain complete (union with
the (supreme) Soul/ may also mean ‘ in order to make himself or
his soul perfect.’ Nar. gives the correct etymology of Upanishad,
explaining upanisha««a yo/£yata ity upanishat, ‘Upanishad means (a
text) which is recited (while the pupils are) seated near (the teacher).’
I
204 LAWS OF MANU. VI, 30.
- (As well as those rites and texts) which have
been practised and studied by the sages (jRzshis),
and by Brahma/za householders, in order to increase
their knowledge (of Brahman), and their austerity,
and in order to sanctify their bodies ; - Or let him walk, fully determined and going
straight on, in a north-easterly direction, subsisting
< on water and air, until his body sinks to rest.
- A Brahma;za, having got rid of his body by
one of those modes practised by the great sages, is
exalted in the world of Brahman, free from sorrow
and fear. - But having thus passed the third part of (a
- Gov. and Kull. separate the two words ‘ Brahmawa house-
holders/ The former explains Brahma/za by ‘hermit,’ and the
latter by ‘ acquainted with the Brahman, i. e. ascetic.’ By ‘ house-
holders’ Kull. understands ‘ hermits in the forest.’ Ragh. explains
Brahmawa by ‘ those who know Brahman.’ - Gov. and Kull. take yukta, ‘ firmly resolved’ (Nar., Ragh.),
in the sense of ‘ intent on the practice of Yoga.’ Gov. and Kull.
(see also Medh. on the next verse) say that a man may undertake
the Mahaprasthana, or ‘ Great Departure/ on a journey which ends
in death, when he is incurably diseased or meets with a great mis-
fortune, and that, because it is taught in the .Sastras, it is not
opposed to the Vedic rules which forbid suicide. From the parallel
passage of Ap. II, 23, 2, it is, however, evident that a voluntary
death by starvation was considered the befitting conclusion of a
hermit’s life. The antiquity and general prevalence of the practice
may be inferred from the fact that the Gaina ascetics, too, consider
it particularly meritorious. - ‘By one of those modes,’ i.e. ‘drowning oneself in a river,
precipitating oneself from a mount, burning oneself or starving
oneself to death’ (Medh.) ; or ‘by one of those modes of practising
austerities, mentioned above, verse 23′ (Gov., Kull., Nar., Nand.).
Medh. adds a long discussion, trying to prove that ‘ the world of
Brahman,’ which the ascetic thus gains, is not the real complete
liberation.
33-85. Ap. II, 21, 2-17; Gaut. Ill, 1 1-25; Vas.VI, 19-20; X;
/
VI, 39- HERMIT IN THE FOREST; THE ASCETIC. 205
mans natural term of) life in the forest, he may live
as an ascetic during the fourth part of his existence,
after abandoning all attachment to worldly objects.
- He who after passing from order to order,
after offering sacrifices and subduing his senses,
becomes, tired with (giving) alms and offerings of
food, an ascetic, gains bliss after death. - When he has paid the three debts, let him
apply his mind to (the attainment of) final libera-
tion ; he who seeks it without having paid (his debts)
sinks downwards. - Having studied the Vedas in accordance with
the rule, having begat sons according to the sacred
law, and having offered sacrifices according to his
ability, he may direct his mind to (the attainment
of) final liberation. - A twice-born man who seeks final liberation,
without having studied the Vedas, without having
begotten sons, and without having offered sacrifices,
sinks downwards. - Having performed the Ish/i, sacred to the
Lord of creatures (Pra^apati), where (he gives) all
his property as the sacrificial fee, having reposited
the sacred fires in himself, a Brahma/za may depart
from his house (as an ascetic). - Worlds, radiant in brilliancy, become (the por-
tion) of him who recites (the texts regarding) Brah-
man and departs from his house (as an ascetic), after
giving a promise of safety to all created^ beings.
Baudh. II, 11, 16-26; 17, 1-18, 27; Vi. XCVI-XCVII; Yagri.
Ill, 56-65.
- Nar. takes asariga, ‘attachment’ (Gov., Kull.), in the sense
of ‘ possessions.’ - The description of the rites to be performed on entering the
order of ascetics is given in detail in Baudh. II, 17.
206 LAWS OF MANU. VI, 40.
, 40.
- For that twice-born man, by whom not the
smallest danger even is caused to created beings,
there will be no danger from any (quarter), after he
is freed from his body. - Departing from his house fully provided with
the means of purification (Pavitra), let him wander
about absolutely silent, and caring nothing for enjoy-
ments that may be offered (to him).
p* 42. Let him always wander alone, without any
companion, in order to attain (final liberation), fully
I understanding that the solitary (man, who) neither
/forsakes nor is forsaken, gains his end.
[43. He shall neither possess a fire, nor a dwelling,
he may go to a village for his food, (he shall be)
indifferent to everything, firm of purpose, meditating
(and) concentrating his mind on Brahman.
- A potsherd (instead of an alms-bowl), the roots
of trees (for a dwelling), coarse worn-out garments, - Pavitropa&ta^, ‘ provided with the means of purification/
i. e. ‘ his staff, his water-pot, and so forth ‘ (Gov., Kull., Nand.),
means according to Medh. either ‘ applying himself to the recitation
of purificatory texts and provided with the means of purifications,
i.e. a staff, &c./ or ‘ performing penances which purify.’ Nar. takes
it to mean, ‘ having been made most eminent during his life as
a householder by acts which purify, i.e. austerities and recitals of
the Veda and so forth ;’ and Ragh., * possessing a rich store of sanc-
tifying knowledge taught in the Upanishads.’ Nar. takes muni^,
1 wholly silent’ (Gov., Kull.), in the sense of ‘ intent on meditation.’
Nand. explains samupo^eshu, ‘. which may be offered to him’
(Medh., Gov., Kull.), by ‘which he collected in his house;’ and Nar.
by { which he has duly enjoyed.’ - Medh. explains munL£, ‘meditating’ (Gov., Kull.), by ‘ wholly
silent.’ Instead of asawkasuka^ or ajawkasuka^, ‘ firm of purpose’
(Gov., Kull.), Nar., Nand., and K. prima manu read asa^/(‘ayika^,
1 destitute of any store of provisions,’ and Ragh. ajankasuka^, * free
from doubts.’ Medh., whose text now reads asawkasuka^, gives
this word as the var. lect. of others, and probably originally read,
like Nar. and Nand., asaw&iyika^.
YT, 49. THE ASCETIC. 207
life in solitude and indifference towards everything,
are the marks of one who has attained liberation.
- Let him not desire to die, let him not desire
to live ; let him wait for (his appointed) time, as a
servant (waits) for the payment of his wages.
- Let him put down his foot purified by his
sight, let him drink water purified by (straining
with) a cloth, let him utter speech purified by truth,
let him keep his heart pure. - Let him patiently bear hard words, let him
not insult anybody, and let him not become any- /
body’s enemy for the sake of this (perishable) body. - Against an angry man let him not in return
show anger, let him bless when he is cursed, and let
him not utter speech, devoid of truth, scattered at
the seven gates. - Delighting in what refers to the Soul, sitting
(in the postures prescribed by the Yoga), indepen-
dent (of external help), entirely abstaining from
sensual enjoyments, with himself for his only com-
panion, he shall live in this world, desiring the bliss
(of final liberation). - The correct reading is nirvcram (Medh., Nar., var. lect., Nand.)
instead of nirdejam (Gov., K.) or nidcraffz (Kull., Ragh.). The
latter reading can, as Nar. remarks, only mean ‘ command.’ - I. e. ‘ let him look before he puts down his foot, lest he
injure any small animal, see ver. 68′ (Gov., Medh., Ragh.), or ‘lest
he step on something impure’ (Kull.). - ‘The seven gates’ are, according to Medh. and Gov.,
- Dharma, Artha, and Kama separately, Dharma and Artha, Dharma
and Kama, Artha and Kama, and finally Dharmarthakama con-
jointly ; according to Kull. and Medh., ‘ mind, intellect, and the five
senses ;’ and according to Nar., ‘ the five senses, mind, and Aha.m-
kara, or egoism.’ Kull. mentions another explanation, ‘ the seven
worlds,’ and Medh. gives as a third meaning, ‘ the seven vital airs
located in the head.’ The general sense, ‘ what refers to worldly
matters,’ remains always the same.
208 LAWS OF MANU. VI, 50.
- Neither by (explaining) prodigies and omens,
nor by skill in astrology and palmistry, nor by
giving advice and by the exposition (of the .Sastras),
let him ever seek to obtain alms. - Let him not (in order to beg) go near a
house filled with hermits, Brahma/zas, birds, dogs,
or other mendicants.
1 — 52. His hair, nails, and beard being clipped,
carrying an alms-bowl, a staff, and a water-pot, let
him continually wander about, controlling himself
[ and not hurting any creature.
- His vessels shall not be made of metal, they
shall be free from fractures ; it is ordained that they
shall be cleansed with water, like (the cups, called)
isfamasa, at a sacrifice. - A gourd, a wooden bowl, an earthen (dish), or
one made of split cane, Manu, the son of Sva-
yambhu, has declared (to be) vessels (suitable) for
an ascetic. - Let him go to beg once (a day), let him not
be eager to obtain a large quantity (of alms) ; for
an ascetic who eagerly seeks alms, attaches himself
also to sensual enjoyments. - According to Nar. and Ragh., angavidyd, ‘ palmistry’ (Medh.,
Kull., Nand.), means ‘ the science of grammar and the other five
Angas of the Veda.’ Gov. takes nakshatrarigavidya as a determi-
native compound, meaning ‘ astrology.’ Aniwasana, ‘ giving advice ‘
(Medh., Gov., Kull., Ragh.), means according to Nar. and Nand.
1 teaching the Veda/ Vada, ‘ the exposition (of the .Sastras),’ (Gov.,
Kull.), means according to Medh. and Nar. ‘ disputations;’ accord-
ing to Nand. and Ragh. ‘the science of dialectics.’ This verse,
which occurs also in Vas. X, 21, is historically important, as it
shows that in ancient as in modern times, ascetics followed worldly
pursuits and were the teachers or advisers of the people. - ‘ Let him not go oftener to beg’ is Gov.’s explanation, instead
of ‘ let him not be eager to obtain a large quantity of alms/
VI, 63. THE ASCETIC. 209
- When no smoke ascends from (the kitchen),
when the pestle lies motionless, when the embers
have been extinguished, when the people have j
finished their meal, when the remnants in the dishes
have been removed, let the ascetic always go to
beg.
5 7. Let him not be sorry when he obtains nothing,
nor rejoice when he obtains (something), let him
(accept) so much only as will sustain life, let him
not care about the (quality of his) utensils.
- Let him disdain all (food) obtained in conse-
quence of humble salutations, (for) even an ascetic
who has attained final liberation, is bound (with the
fetters of the Sawsara) by accepting (food given) in
consequence of humble salutations. ~-~ \ - By eating little, and by standing and sitting
in solitude, let him restrain his senses, if they are
attracted by sensual objects. - By the restraint of his senses, by the destruc-
tioji^o£ love and hatred, and by the abstention from
injuring the creatures, he becomes fit for immor-
tality. - Let him reflect on the transmigrations of men, i
caused by their sinful deeds, on their falling into /
hell, and on the torments in the world of Yama, - On the separation from their dear ones, on
their union with hated men,, on their being over-
powered by age and being tormented with diseases, - On the departure of the individual soul from
this body and its new birth in (another) womb, and - Matra, ‘utensils,’ i.e. his staff, water-pot, &c. (Medh., Gov.,
Kull., Ragh.), means according to NaT. and Nand. ‘ a portion,
e.g. a mouthful’ (kavaladi^, Nar.), or ‘a portion, i.e. enough to fill
his stomach’ (udarapurawavadhir matra).
[=5] P
210
LAWS OF MANU.
VI, 64,
if
r
on its wanderings through ten thousand millions of
existences,
- On the infliction of pain on embodied (spirits),
which is caused by demerit, and the gain of eternal
bliss, which is caused by the attainment of their
highest aim, (gained through) spiritual merit. - By deep meditation let him recognise the
subtile nature of the supreme Soul, and its presence
in all organisms, both the highest and the lowest. - To whatever order he may be attached, let
him, though blemished (by a want of the external
marks), fulfil his duty, equal-minded towards all
creatures ; (for) the external mark (of the order) is
not the cause of (the acquisition of) merit. - Though the fruit of the Kataka tree (the
clearing-nut) makes water clear, yet the (latter) does
not become limpid in consequence of the mention of
the (fruit’s) name. - In order to preserve living creatures, let him
always by day and by night, even with pain to his
body, walk, carefully scanning the ground. - In order to expiate (the death) of those
creatures which he unintentionally injures by day
or by night, an ascetic shall bathe and perform six
suppressions of the breath. - Nand. omits this verse. ‘ The highest aim’ is ‘the recogni-
tion of the Brahman’ (Kull.), and the good fortune of attaining that
falls only to the lot of those who have accumulated a rich store
of merit. - Instead of dushito ‘pi, ‘ though blemished (by a want of the
external marks of the order)/ (Kull., Nand., Ragh.), Medh., Gov.,
Nar., and K. read bhushito ‘pi, * though adorned (with garlands and
the like)/ - Regarding the term ? suppression of the breath/ see Vas.
XXV, 13, and Wilson, Vishmipura«a,V, p. 231 (ed. Hall).
VI, 74-
THE ASCETIC.
211
- Three suppressions of the breath even, per- \
formed according to the rule, and accompanied with ;
the (recitation of the) Vyahmis and of the syllable
Om, one must know to be the highest (form of)
austerity for every Brahma^a. - For as the impurities of metallic ores, melted
in the blast (of a furnace), are consumed, even so?
the taints of the organs are destroyed through the^
suppression of the breath. - Let him destroy the taints through suppres-
sions of the breath, (the production of) sin by fixed
attention, all sensual attachments by restraining (his
senses and organs), and all qualities that are not
lordly by meditation. - Let him recognise by the practice of medita-
tion the progress of the individual soul through
beings of various kinds, (a progress) hard to under-
stand for unregenerate men. • — 1 - He who possesses the true insight (into the f
- Vas. XXV, 6; Baudh. IV, 1, 24.
- Regarding the term dharawa, ‘ fixed attention/ see Wilson,
Vishtfupurawa, V, p. 237 (ed. Hall), and Jacob, Vedantasara, p. 109.
Anfavaran gurcan, ‘ all qualities that are not lordly/ Medh. ex-
plains the qualities by l goodness, passion, and darkness,’ and the
epithet ‘not lordly’ by ‘depending upon another/ and adds that
1 the conceit (abhimana) of the soul (purusha) that it possesses quali-
ties and is affected by pleasure or pain and the like must be
destroyed/ Gov. and K. assert that the qualities opposed to ‘ virtue,
knowledge, absence of passion and power’ (Davies, Sawkhya, p. 81)
are to be destroyed by ‘ meditation/ as defined in the Yogajastra.
Similarly Nar., who (as also Nand.) reads anauvaran, says that the
qualities that are opposed to true knowledge and power, and are
modifications of passion and darkness, must be destroyed by medi-
tating on the formless. Kull. and Ragh., on the other hand, interpret
the passage on Vedanta principles, and explain the qualities as
‘ such which do not belong to the lord, Brahman, i.e. anger, greed,
envy, and so forth/
P 2
(Utfjrl
.
2 I 2 LAWS OF MANU. VI, 75
nature of the world), is not fettered by his deeds ;
but he who is destitute of that insight, is drawn into
the circle of births > and deaths.
- By not injuring any creatures, by detaching
the senses (from objects of enjoyment), by the rites
prescribed in the Veda, and by rigorouslypra ctising
austerities, (men) gain that state (even) in this
(world).
76-77. Let him quit this dwelling, composed of
the “five elements, where the bones are the beams,
which is held together by tendons (instead of cords),
where the flesh and the blood are the mortar, which
is thatched with the skin, which is foul-smelling, filled
with urine and ordure, infested by old age and
sorrow, the seat of disease, harassed by pain, gloomy
with passion, and perishable.
- He who leaves this body, (be it by necessity)
as a tree (that is torn from) the river- banRTbr (freely)
like a bird (that) quits a tree, is freed from the
misery (of this world, dreadful like) a shark. - Making over (the merit of his own) good actions
to his friends and (the guilt of) his evil deeds to his
enemies, he attains the eternal Brahman by the prac-
tice of meditation. - When by the disposition (of his heart) he
- ‘By the rites prescribed in the Veda/ i. e. the daily rites
(Medh., Gov., Kull.), or ‘ the daily rites and those prescribed for
certain occasions’ (Nar., Nand.). ‘ That state/ i.e. ‘the union with
Brahman’ (Gov., Kull, Ragh.), means according to Medh. ‘that
place, i.e. the world of Brahman.’ Nar. and Nand. read tatparam,
‘ that highest (Brahman)/
76-77. Maitr. Up. Ill, 4.
- ‘ Making over (the merit of his own) good actions’ means
according to Gov. and Medh. ‘(the merit of anybody’s) good actions.’ - ‘ In this world/ i.e. he becomes a (rivanmukta, one liberated
during this life (Nar.).
VI, 84. THE ASCETIC. 213
■v-
becomes indifferent to all objects, he obtains eternal
happiness both in this world and after death.
- He who has in this manner gradually given
up all attachments and is freed from all the pairs (of
opposites), reposes in Brahman alone. - All that has been declared (above) depends
on meditation ; for he who is not proficient in the
knowledge of that which refers to the Soul reaps not
the full reward of the performance of rites. - Let him constantly recite (those texts of) the
Veda which refer to the sacrifice, (those) referring
to the deities, and (those) which treat of the Soul
and are contained in the concluding portions of the
Veda (Vedanta). - That is the refuge of the ignorant, and even
- ‘ The pairs of opposites/ i.e. hunger and satiety and so forth
(Gov.), or honour and dishonour (Kull.). - I follow Gov., Nar., and Nand., who explain the verse to
mean that all the teaching of the preceding chapters with respect
to the four orders depends, as far as its ultimate result is concerned,
on meditation, because, however well a man may fulfil the pre-
scribed rites, he cannot reap the full reward without knowing and
meditating on the Brahman. Kull. refers the phrase ‘ All that has
been declared* to the contents of the last verse, and says that ‘ the
complete freedom from all attachments and the repose in Brah-
man’ depend on the recognition of the unity of the individual soul
and of Brahman. He understands by kriyaphalam, ‘ the reward for
the act of meditating.’ Medh. begins with an explanation similar
to that of Kull., but he takes finally kriyaphalam in the same sense
as Gov., Nar., and Nand. Ragh. explains yad etad abhuabditam
by ‘ what can be expressed by words.’ - ‘Which refer to the sacrifice,’ i.e. ‘the Brahmawas’ (Medh.,
Gov., Nand.), or ‘ the Brahmaveda’ (Kull., Nar.), or ‘ the Karma-
kaWa/ e.g. ishe tva ur^e tva (Va§\ Saz/zh. I, 1), Ragh. ‘Those
referring to the deities/ i.e. ‘Mantras describing the various deities’
(Medh., Gov.), e. g. Rig-veda VIII, 44, 16 (Gov.). The third class of
texts mentioned is that of the Upanishads ; but see also Goldstticker,
Sansk. Diet, s. v. adhyatma.
214
LAWS OF MANU.
VI, 85.
that (the refuge) of those who know (the meaning
I of the Veda); that is (the protection) of those who
seek (bliss in) heaven and of those who seek endless
(beatitude).
- A twice-born man who becomes an ascetic,
after the successive performance of the above-men-
tioned acts, shakes off sin here below and reaches
the highest Brahman. - Thus the law (valid) for self-restrained ascetics
has been explained to you ; now listen to the (par-
ticular) duties of those who give up (the rites pre-
scribed by) the Veda. - The student, the householder, the hermit, and
the ascetic, these (constitute) four separate orders,
which all spring from (the order of) householders. - But all (or) even (any of) these orders, assumed
successively in accordance with the Institutes (of the
sacred law), lead the Brahma^a who acts by the
preceding (rules) to the highest state. - And in accordance with the precepts of the
Veda and of the Smrzti, the housekeeper is declared - Gov. is of opinion that the persons named above, IV, 22,
are here intended. But from what follows, verses 94, 95, it appears
that those Brahmawas are meant who, though solely intent on the
acquisition of supreme knowledge, and retired from all worldly
affairs, continue to reside in their houses; see also IV, 257. Gov.
and Nar. assume that they remain householders, while Kull. counts
them among the ascetics.
87-93. Ap. II, 23-24; Gaut. Ill, 36; Vas.VIII, 14-16 ; X, 30;
Baudh. II, n, 9-34 ; Vi. LIX, 27-29.
According to the commentators, the following discussion is intro-
duced in order to show, (1) that there are four orders only, and
that the Vedasawnyasika belongs to these, and does not form a
fifth order, or stand outside the orders ; (2) that as the order of
the householders is the most distinguished, it is proper that a man
may continue to live in his house under the protection of his son.
VI, 95-
THE ASCETIC.
215
1)
to be superior to all of them ; for he supports the
other three. ^
- As all rivers, both great and small, find a
resting-place in the ocean, even so men of all orders
find protection with householders. - By twice-born men belonging to (any of) these
four orders, the tenfold law must be ever carefully
obeyed. - Contentment, forgiveness, self-control, absten-
tion from unrighteously appropriating anything, (obe-
dience to the rules of) purification, coercion of the ,
organs, wisdom, knowledge (of the supreme Soul),
truthfulness, and abstention from anger, (form) the ‘
tenfold law. - Those Brahma^as who thoroughly study the
tenfold law, and after studying obey it, enter the
highest state. - A twice-born man who, with collected mind,
follows the tenfold law and has paid his (three)
debts, may, after learning the Vedanta according to
the prescribed rule, become an ascetic. - Having given up (the performance of) all
rites, throwing off the guilt of his (sinful) acts, sub-
duing his organs and having studied the Veda, he
may live at his ease under the protection of his son. - Tthritih, ‘ contentment,’ means according to Nar., Nand., and
Ragh. ‘ firmness of purpose or in the discharge of duties/ Dama/£,
‘self-control,’ means according to Medh. and Nand. ‘humility;’
according to Gov. and Nar. ‘ patience under sufferings ; ‘ according
to Kull. and Ragh. ‘ the subjugation of the internal organ.’ Dhi/$,
‘wisdom/ means according to Medh. and Gov. ‘freedom from
doubts and errors;’ according to Kull. and Ragh. ‘knowledge of
the true meaning of the .Sastras/ Nar. and Nand. read hvi/i,
‘ modesty or shame/ - Vas. X, 26.
- ‘ Having studied the Veda/ i. e. ‘ the Upanishads’ (Kull.).
2l6
LAWS OF MANU.
VI, 96.
- He who has thus given up (the performance
of) all rites, who is solely intent on his own (parti-
cular) object, (and) free from desires, destroys his
guilt by his renunciation and obtains the highest
state. - Thus the fourfold holy law of Brahma^as,
which after death (yields) imperishable rewards, has
been declared to you ; now learn the duty of kings
Chapter VII.
- I will declare the duties of kings, (and) show
how a king should conduct himself, how he was
created, and how (he can obtain) highest success. - A Kshatriya, who has received according to
the rule the sacrament prescribed by the Veda,
must duly protect this whole (world). - For, when these creatures, being without a
king, through fear dispersed in all directions, the
Lord created a king for the protection of this whole
(creation), - Taking (for that purpose) eternal particles of
Indra, of the Wind, of Yama, of the Sun, of Fire,
of Varu/za, of the Moon, and of the Lord of wealth
(Kubera).
Gov., Nar., Nand., Ragh., and K. read abhyasyan, ‘ studying the
Veda/ and the same reading is mentioned by Medh. as a var. lect.
- ‘ His own object/ i. e. ‘ final liberation.’
- According to Medh. the word ‘Brahma/za’ is not intended
to exclude other Aryans ; but according to Gov., Kull., and Nar. it
is meant to prescribe that asceticism is permissible for Brahma^as
alone.
VII. 2. ‘ The sacrament/ i. e. ‘ the initiation’ (Medh., Gov., Nar.,
Kull.), or ‘the initiation and the rest’ (Ragh.), or ‘the sacrament of
the coronation’ (Nand.). The last opinion seems the correct one.
VII, 12. THE KING. 2 I J
- Because a king has been formed of particles
of those lords of the gods, he therefore surpasses
all created beings in lustre ; - And, like the sun, he burns eyes and hearts ;
nor can anybody on earth even gaze on him. - Through his (supernatural) power he is Fire and
Wind, he Sun and Moon, he the Lord of justice
(Yama), he Kubera, he Varu/za, he great Indra. - Even an infant king must not be despised,
(from an idea) that he is a (mere) mortal ; for he
is a great deity in human form. - Fire burns one man only, if he carelessly
approaches it, the fire of a king’s (anger) consumes
the_(whole) family, together with its cattle and its
hoard of property. - Having fully considered the purpose, (his)
power, and the place and the time, he assumes by
turns many (different) shapes for the complete
attainment of justice. - He, in whose favour resides Padma, the
goddess of fortune, in whose valour dwells victory,
in whose anger abides death, is formed of the lustre
of all (gods). - The (man), who in his exceeding folly hates
him, will doubtlessly perish ; for the king quickly
makes up his mind to destroy such (a man). - The commentators explain teg-as, ‘lustre,’ by ‘prowess or
valour’ (virya). The next verse, however, shows that at least a
play on the word is intended. - According to the commentators, the verse is meant as a
warning to those who are too confident of possessing a king’s favour.
11.’ Padma, the goddess of fortune/ must be taken according to
Nar. and Nand. as ‘ who carries a lotus in her hand,’ and according to
Ragh. ‘whose dwelling is the lotus.’ According to Medh.,Gov., and
Kull., the epithet is added in order to give the idea of greatness.
2l8
LAWS OF MANU.
VII, ij
I
- Let no (man), therefore, transgress that law
which the king decrees with respect to his favourites,
nor (his orders) which inflict pain on those in disfavour. - For the (king’s) sake the Lord formerly cre-
ated his own son, Punishment, the protector of all
creatures, (an incarnation of) the law, formed of
Brahman’s glory. - Through fear of him all created beings, both
the immovable and the movable, allow themselves
to be enjoyed and swerve not from their duties. - Having fully considered the time and the
place (of the offence), the strength and the know-
ledge (of the offender), let him justly inflict that
(punishment) on men who act unjustly.
1
- Medh. gives the following instances. If a king orders that
during the celebration of a wedding in the house of a minister or
other favourite, a public festival is to be held in the town, that
everybody is to appear on the occasion, or that during so and so
many days no animals are to be killed, no birds to be snared, and
no debtors to be imprisoned by their creditors, everybody must
obey. The same shall be the case if the king orders with respect
to persons in disfavour that they are to be shunned by everybody,
that nobody is to enter their houses. Gov., Kull., and Ragh. give
the same explanation, and they as well as Medh. add, that this rule
refers to lawful orders in worldly matters only. Nar. seems to have
taken the verse differently, in a sense similar to that contained in Sir
W. Jones’ translation. - YSgn. I, 353.
- Bhogaya kalpante, ‘ allow themselves to be enjoyed’ (Medh.,
Gov., Nar., Nand., Ragh.), means according to Kull. ‘ are able to
enjoy their own.’ Gov. says, ^edanadibhayena vrzkshadisthavara/zy
api phalapushpadidvarewopabhogarthaw sawpadyante niyatakalam
pushpadidanavyavasthaw natikramanti, ‘ through fear of being cut
down and the like immovable things such as trees become fit to
be enjoyed by means of their fruit, flowers, and so forth, (i. e.) they
transgress not the law according to which they must give flowers, &c.
at the appointed time;’ see also below, verse 23. - Gaut. XII, 51; Vas. XIX, 9; Vi. Ill, 91; Ya^. I, 367.
‘
VII, 24. THE KING. 219
- Punishment is (in reality) the king (and) the
male, that the manager of affairs, that the ruler, and
that is called the surety for the four orders’ obe-
dience to the law. - Punishment alone governs all created beings, J.
punishment alone protects them, punishment watches i
over them while they sleep ; the wise declare punish-
ment (to be identical with) the law. - If (punishment) is properly inflicted after (due)
consideration, it makes all people happy; but inflicted
without consideration, it destroys everything. - If the king did not, without tiring, inflict
punishment on those worthy to be punished, the
stronger would roast the weaker, like fish on a spit ; q - The crow would eat the sacrificial cake and
the dog would lick the sacrificial viands, and owner-
ship would not remain with any one, the lower ones/£fc^ Xi^
would (usurp the place of) the higher ones. - The whole world is kept in order by punish-^
ment, for a guiltless man is hard to find ; through \
fear of punishment the whole world yields the enjoy- I
ments (which it owes). - The gods, the Danavas, the Gandharvas, the
Rakshasas, the bird and snake deities even give
the enjoyments (due from them) only, if they are
tormented by (the fear of) punishment. - All castes (var^a) would be corrupted (by
intermixture), all barriers would be broken through, - ‘That is the male,’ i.e. ‘compared with him all others are
(weak) women’ (Kull.). - Yagri. I, 355.
- The commentators quote in explanation of this verse a pas-
sage from the Ya^iir-veda, ‘ Through fear the fire warms, through
fear the sun shines, through fear move Indra, the Wind, and Death,
as the fifth/
2 20 LAWS OF MANU. VII,
and all men would rage (against each other) in con-
sequence of mistakes with respect to punishment.
- But where Punishment with a black hue and
red eyes stalks about, destroying sinners, there the
subjects are not disturbed, provided that he who
inflicts it discerns well. - They declare that king to be a just inflicter
of punishment, who is truthful, who acts after due
consideration, who is wise, and who knows (the re-
spective value of) virtue, pleasure, and wealth. - A king who properly inflicts (punishment),
prospers with respect to (those) three (means of
happiness) ; but he who is voluptuous, partial, and
deceitful will be destroyed, even through the (un-
just) punishment (which he inflicts). - Punishment (possesses) a very bright lustre,
and is hard to be administered by men with unim-
proved minds ; it strikes down the king who swerves
from his duty, together with his relatives. - Next it will afflict his castles, his territories,
the whole world together with the movable and
immovable (creation), likewise the sages and the
gods, who (on the failure of offerings) ascend to
the sky. - (Punishment) cannot be inflicted justly by
one who has no assistant, (nor) by a fool, (nor)
by a covetous man, (nor) by one whose mind is
unimproved, (nor) by one addicted to sensual
pleasures. - Vi. Ill, 96. 26. Gaut. XI, 2.
- Vishama/^, ‘ partial’ (Nar.), means according to Gov., Kull.,
and Ragh. ‘ wrathful.’
28 ‘By men with unimproved minds,’ i. e. ‘ who have not learnt
the Sastras’ (Gov., Kull.).
30-31. Gaut. XI, 4; Yagn. I, 308-309, 354.
VII, 38. THE KING. 221
- By him who is pure (and) faithful to his
promise, who acts according to the Institutes (of the
sacred law), who has good assistants and is wise,
punishment can be (justly) inflicted. - Let him act with justice in his own domain,
with rigour chastise his enemies, behave without
duplicity towards his friends, and be lenient towards
Brahma;zas. - The fame of a king who behaves thus, even
though he subsist by gleaning, is spread in the world,
like a drop of oil on water. - But the fame of a king who acts in a contrary
manner and who does not subdue himself, diminishes
in extent among men like a drop of clarified butter
in water. - The king has been created (to be) the protector
of the castes (var^a) and orders, who, all according
to their rank, discharge their several duties. - Whatever must be done by him and by his
servants for the protection of his people, that I will
fully declare to you in due order. - Let the king, after rising early in the morn-
ing, worship Brahma/zas who are well versed in the
threefold sacred science and learned (in polity), and
follow their advice. —-*’ - Let him daily worship aged Brahma;zas who
know the Veda and are pure ; for he who always
worships aged men, is honoured even by Rakshasas. - Pure, i. e. ‘ with respect to the acquisition of wealth/ or ‘ not
covetous’ (Medh.,Gov.,Kull., Nar., Ragh.). Satyasawdha/ faithful to
his promise’ (Gov., Kull., Ragh.), means according to Medh. ‘ who
cares for truth alone.’ - Vi. Ill, 96; Yagn, I, 333. 33. Vi. Ill, 97.
37-38. Vi. Ill, 76-77.
222
LAWS OF MANU.
VII, 39-
- Let him, though he may already be modest,
constantly learn modesty from them; for a king
who is modest never perishes. - Through a want of modesty many kings have
perished, together with their belongings ; through
modesty even hermits in the forest have gained
kingdoms. - Through a want of humility Vena perished,
likewise king Nahusha, Sudas, the son of Pi^avana,
Sumukha, and Nemi. - But by humility Frithu and Manu gained sove-
reignty, Kubera the position of the Lord of wealth,
and the son of Gadhi the rank of a Brahma^a. - From those versed in the three Vedas let him
learn the threefold (sacred science), the primeval
science of government, the science of dialectics, and
the knowledge of the (supreme) Soul; from the
people (the theory of) the (various) trades and
professions. - Day and night he must strenuously exert him-
self to conquer his senses ; for he (alone) who has
conquered his own senses, can keep his subjects in
obedience. - Let him carefully shun the ten vices, springing
- I read with Meuh., Gov., Nar., Ragh., and K., Suda/£ pai^a-
vanaj &uva, instead of Sudaso yavana-r £aiva (Kull.). Nand. has
Vai^avana, a mere clerical mistake. As Medh. remarks, the legends
regarding the worthies mentioned here occur in the Mahabharata. - The son of Gadhi, i.e. Vijvamitra; see Muir, Original
Sanskrit Texts, I, p. 83 seqq. - Gaut. XI, 3; Yagfi. I, 310. Nar. takes anvikshikiw kit-
mavidyam to mean ‘ and the science of dialectics, i. e. the Nyaya,
Sa/rckhya, and so forth, which is useful for obtaining final libera-
tion.’ Medh. too is not certain if anvikshiki is to be taken by itself,
but proposes ‘ the science of dialectics which will be useful to him.’
45-48. Vi. Ill, 50-51.
VII, 52. THE KING. 2 23
from love of pleasure, and the eight, proceeding from
wrath, which (all) end in misery.
- For a king who is attached to the vices
springing from love of pleasure, loses his wealth
and his virtue, but (he who is given) to those
arising from anger, (loses) even his life. - Hunting, gambling, sleeping by day, censor i-
ousness, (excess with) women, drunkenness, (an
inordinate love for) dancing, singing, and music,
and useless travel are the tenfold set (of vices)
springing from love of pleasure. - Tale-bearing, violence, treachery, envy, slan-
dering, (unjust) seizure of property, reviling, and
assault are the eightfold set (of vices) produced by
wrath. - That greediness which all wise men declare
to be the root even of both these (sets), let him
carefully conquer ; both sets (of vices) are produced
by that. - Drinking\dicer women, and hunting, these
four (which have been enumerated) in succession,
he must know to be the most pernicious in the
set that springs from love of pleasure,, - Doing bodily injury, reviling-, and the seizure
of property, these three he must know to be the
most pernicious in the set produced by .wrath. - A self-controlled (king) should know that in
this set of seven, which prevails everywhere, each - ‘ Greediness (lobha) is the root of all (these vices), because
(the king) acts in some (of these cases) from a desire for money,
and in others from a greediness of sensual pleasures’ (Gov.). - Medh., Nand., and K. read atmana^ instead of atmavan, and
in that case the translation must be, ■ Let him know that in this set
. . . each earlier-named vice is more pernicious for him (than . . .).’
224
LAWS OF MANU.
VII, 53-
earlier-named vice is more abominable (than those
named later).
- (On a comparison) between vice and death,
vice is declared to be more pernicious ; a vicious
man sinks to the nethermost (hell), he who dies,
free from vice, ascends to heaven. - Let him appoint seven or eight ministers
whose ancestors have been royal servants, who are
versed in the sciences, heroes skilled in the use of
weapons and descended from (noble) families and
who have been tried. - Even an undertaking easy (in itself) is (some-
times) hard to be accomplished by a single man ;
how much (harder is it for a king), especially (if he
has) no assistant, (to govern) a kingdom which yields
great revenues. - Let him daily consider with them the ordinary
(business, referring to) peace and war, (the four sub-
jects called) sthana, the revenue, the (manner of)
protecting (himself and his kingdom), and the sanc-
tification of his gains (by pious gifts). - Vi. Ill, 71 ; Ya§™. I, 311. Labdhalakshan, ‘skilled in the
use of weapons’ (Kull., Nar.), means according to Medh., Gov.,
Nand., and Ragh. ‘*tfio fail not in their undertakings.’ Pari-
kshitan (Gov., Kull., and K.), or suparikshitan (Medh., Nar.), ‘ who
have been tried,’ i. e. by tempting them in various ways (Medh.),
or ‘if they are incorruptible’ (Nar.), or ‘who have been examined
by spies’ (Gov.), or ‘who have been bound to fidelity by touching
images of the gods, &c.’ (Kull., Ragh.). Nand. reads parikshakan,
‘ who examine (the state-affairs).’ - The correct reading is kimu, ‘how much harder’ (Medh., Gov.,
sec, manu, Nar., Nand., Ragh., K.), instead of the kiw tu, ‘ but,’ of
the editions. - Yagn. I, 31 1. Sthana means according to Gov., Kull., N,ar.,
Ragh. ‘ the army, the treasury, the town, and the kingdom ;’ accord-
ing to Medh. either that or ‘the loss of his kingdom ;’ according to
Jand. ‘ halting’ (asana).
VII, 63. THE KING. 225
- Having (first) ascertained the opinion of each
(minister) separately and (then the views) of all
together, let him do what is (most) beneficial for
him in his affairs. - But with the most distinguished among them
all, a learned Brahma^a, let the king deliberate on
the most important affairs which relate to the six
measures of royal policy. - Let him, full of confidence, always entrust to
that (official) all business ; having taken his final
resolution with him, let him afterwards begin to act. - He must also appoint other officials, (men)
of integrity, (who are) wise, firm, well able to collect
money, and well tried. - As many persons as the due performance of
his business requires, so many skilful and clever
(men), free from sloth, let him appoint. - Among them let him employ the brave, the
skilful, the high-born, and the honest in (offices for
the collection of) revenue, (e.g.) in mines, manufac-
tures, and storehouses, (but) the timid in the interior
of his palace. - Let him also appoint an ambassador who is
versed in all sciences, who understands hints, ex-
pressions of the face and gestures, who is honest,
skilful, and of (noble) family. - Ya^n. I, 311.
- Nar. mentions kulodgatan, * of noble families/ as a var. lect.
for avasthitan, ‘ firm/ - Vi. Ill, 18, 21. Medh. refers karmanta, literally ‘manage-
ment/ to ‘sugar-mills, distilleries, and so forth ;’ Gov. and Kull. add
- storehouses of grain;’ Nar. explains it by Cv manufactories of orna-
ments and weapons and so forth/ It is, however, not impossible that
the compound akarakarmante may mean ‘for superintending mines
and manufactories/ Akara has very frequently that double meaning.
[25] Q
226 LAWS OF MANU. VII, 64.
- (Such) an ambassador is commended to a
king (who is) loyal, honest, skilful, possessing a good
memory, who knows the (proper) place and time (for
action, who is) handsome, fearless, and eloquent. - The army depends on the official (placed in
charge of it), the due control (of the subjects) on the
army, the treasury and the (government of) the realm
on the king, peace and its opposite (war) on the
ambassador. - For the ambassador alone makes (kings’) allies
and separates allies ; the ambassador transacts that
business by which (kings) are disunited or not. - With respect to the affairs let the (ambassador)
explore the expression of the countenance, the ges-
tures and actions of the (foreign king) through the
gestures and actions of his confidential (advisers),
and (discover) his designs among his servants. - Having learnt exactly (from his ambassador)
the designs of the foreign king, let (the king) take
such measures that he does not bring evil on himself. - Anurakta^, ‘loyal’ (Medh., Gov., Ragh.), means according to
Kull. ‘ who is beloved among the people/ - Instead of bhifyante yena va na va\ ‘by which (kings) are
disunited or not’ (Kull., Ragh.), Medh., Nand., and K. read bhid-
yante yena manava^, and Gov. bhidyante yena bandhava^, ‘by
which men or relatives are disunited/ - Nigu^engitaiesh/itai^, ‘ through the gestures and actions of
his confidential (advisers),’ (Kull., Ragh.), means according to Medh.
and Gov. ‘by his own hidden gestures and actions/ or perhaps
‘ while suppressing all significant gestures and actions on his own
part ; ‘ according to Nand. ‘ through men who hide their own ges-
tures and actions/ - Medh., Gov., Nand., and Ragh. take the verse differently.
‘ Having learnt exactly the designs of the foreign king, (the ambas-
sador) shall take such measures that he does not bring evil on
himself (and his master).’
VII, 74- THE KING. 22 7
- Let him settle in a country which is open and
has a dry climate, where grain is abundant, which is
chiefly (inhabited) by Aryans, not subject to epi-
demic diseases (or similar troubles), and pleasant,
where the vassals are obedient and his own (people
easily) find their livelihood. - Let him build (there) a town, making for his
safety a fortress, protected by a desert, or a fortress
built of (stone and) earth, or one protected by water
or trees, or one (formed by an encampment of armed)
men or a hill-fort. - Let him make every effort to secure a hill-
fort, for amongst all those (fortresses mentioned) a
hill-fort is distinguished by many superior qualities. - The first three of those (various kinds of for-
tresses) are inhabited by wild beasts, animals living
in holes and aquatic animals, the last three by
monkeys, men, and gods respectively.
*]$. As enemies do not hurt these (beings, when
they are) sheltered by (their) fortresses, even so foes
(can)not injure a king who has taken refuge in
his fort.
- One bowman, placed on a rampart, is a match
in battle for one hundred (foes), one hundred for ten - Vi. 111,4-5; Ya^T. I, 320. The full definition of^-ahgala^,
- which is open and has a dry climate,’ is, according to a verse
quoted by Gov., Ragh., and Kull./That country is called ^ahgala,
which has little water and grass, where strong breezes prevail, the
heat is great, where grain and the like are abundant/ Anavila, ‘ not
subject to epidemic diseases (or similar troubles),’ (Kull. and Ragh.),
means according to Medh. ‘where the people are not quarrelsome;’
according to Nar. and Nand. ‘ free from defilement such as a mix-
ture of the castes.’
- Vi. Ill, 6.
Q 2
228 LAWS OF MANU. VII, 75.
thousand ; hence it is prescribed (in the .Sastras that
a king shall possess) a fortress.
- Let that (fort) be well supplied with weapons,
money, grain and beasts of burden, with Brahma^as,
with artisans, with engines, with fodder, and with
water. - Let him cause to be built for himself, in the
centre of it, a spacious palace, (well) protected,
habitable in every season, resplendent (with white-
wash), supplied with water and trees.
“j “j. Inhabiting that, let him wed a consort of
equal caste (vama), who possesses auspicious marks
(on her body), and is born in a great family, who
is charming and possesses beauty and excellent
qualities.
- Let him appoint a domestic priest (purohita)
and choose officiating priests (ritvig) ; they shall
perform his domestic rites and the (sacrifices) for
which three fires are required. - A king shall offer various (.Srauta) sacrifices
at which liberal fees (are distributed), and in order - Yantrai^, ‘ with engines/ i.e. ‘with catapults and so forth’
(kshepyadibhi/^, Nar.), “br ‘ made of iron and so forth’ (Ragh.). - Ap. II, 25, 2-3. Sarvartukam, ‘habitable in every season’
(N&r., Nand.), means according to Medh., Gov., Kull., and Ragh.
‘ supplied with the produce of every season.’ - Gaut. XI, 12-18; Vas. XIX, 3-6; Baudh. I, 18, 7-8; Vi.
Ill, 70; Y&gn. I, 312-313. Medh., Gov., Ragh., and K. read, as
the sense requires, ritrngzh, ‘ officiating priests,’ while Kull. alone
gives the singular. - Ap. II, 26, 1 ; Vi. Ill, 81, 84 ; Y^gro. I, 314. ‘ Enjoyments,’
i. e.’ garlands, perfumes, unguents, and so forth’ (Medh.), or ‘ houses,
couches, and so forth’ (Gov., Ragh.), or ‘ gold, clothes, &c.’ (Kull.),
or ‘ wives, houses, clothes, and so forth’ (Nar.), or * cows and
buffalos’ (Nand.).
VII, 85. THE KING. 229
to acquire merit, he shall give to Brahma^as enjoy-
ments and wealth.
- Let him cause the annual revenue in his
kingdom to be collected by trusty (officials), let him
obey the sacred law in (his transactions with) the
people, and behave like a father towards all men. - For the various (branches of business) let him
appoint intelligent supervisors ; they shall inspect all
(the acts) of those men who transact his business. - Let him honour those Brahma/zas who have
returned from their teacher’s house (after studying
the Veda) ; for that (money which is given) to
Brahma^as is declared to be an imperishable trea-
sure for kings. - Neither thieves nor foes can take it, nor can
it be lost ; hence an imperishable store must be
deposited by kings with Brahma^as. - The offering made through the mouth of
a Brahma/za, which is neither spilt, nor falls (on the
ground), nor ever perishes, is far more excellent than
Agnihotras. - A gift to one who is not a Brahma/za (yields)
the ordinary (reward; a gift) to one who calls him-
self a Brahma^a, a double (reward) ; a gift to a well- - Y&gri. I, 321. ‘ Let him obey the sacred law in (his trans-
actions with his) people,’ i. e. ‘ let him not take higher taxes and
duties than the law permits.’ - Yagfi. I, 314.
- Vas. XXX, 7 ; Yagn. I, 315. Na vyathate, ‘ nor falls (on the
ground),’ (Gov., Nar.), means according to Kull. ‘ nor is dried up.’
Medh. reads /tyavate, ‘ falls (on the ground),’ and Nar. prefers that
reading. Nand. explains na vyadhate (sic) by ‘ is not spoilt by hairs
or insects falling into it.’ Ragh. takes it, like Krzsh«apa«</ita in his
comm. on Vas. XXX, 7, in the sense of ‘ nor causes pain.’ - Gaut. V, 20 ; Vi. XCIII, 1-4. Samam phalam, ‘ the ordinary
23O LAWS OF MANU. VII, 86.
read Brahma/za, a hundred-thousandfold (reward) ;
(a gift) to one who knows the Veda and the Angas
(Vedaparaga, a reward) without end.
- For according to the particular qualities of the
recipient and according to the faith (of the giver)
a small or a great reward will be obtained for a gift
in the next world. - A king who, while he protects his people,
is defied by (foes), be they equal in strength, or
stronger, or weaker, must not shrink from battle,
remembering the duty of Kshatriyas. - Not to turn back in battle, to protect the
people, to honour the Bralima/zas, is the best means
for a king to secure happiness. - Those kings who, seeking to slay each other
in battle, fight with the utmost exertion and do not
turn back, go to heaven. - When he fights with his foes in battle, let him
not strike with weapons concealed (in wood), nor
with (such as are.) barbed, poisoned, or the points
of which are blazing with fire. - Let him not strike one who (in flight) has
reward,’ i.e. ‘just as mu^h as the Veda promises for the object
given’ (Gov., Kull., Ragh.). Medh. takes samam in the sense of
1 middling,’ and Nar. explains it by ‘ a reward equal to the kindness
shown.’ Instead of pradhite, ■ to a well-read Brahmarca,’ Medh.,
Gov., Nar., and K. read a&irye, ‘ to the teacher/ and Nand. jrotriye,
‘to a -Srotriya/ Moreover, Gov., K., and Nand. have sahasra-
gunam or sahasraw . . danam, ‘ a thousandfold reward.’
87-89. Ap. II, 26, 2; Gaut. X, 16; Baudh. I, 18, 9; Vi. Ill,
43-45 5 Ya§™. I, 322-323.
- Baudh. I, 18, 10. Ku7ai>5, ‘concealed (in wood)/ (Medh.,
Gov., Kull., Nar., Ragh.), means according to Nand. ‘ treacherous.’
91-93. Ap. II, 10, 11; Gaut. X, 18; Baudh. 1, 18, 11; Ya^.1,325.
- Sthalaru^am, ‘one who (in flight) has climbed on an emi-
nence’ (Nar.), means according to Medh., Kull., and Ragh. ‘one
VII, 97- THE KING. 23 1
climbed on an eminence, nor a eunuch, nor one who
joins the palms of his hands (in supplication), nor
one who (flees) with flying hair, nor one who sits
down, nor one who says • I am thine ;’
- Nor one who sleeps, nor one who has lost his
coat of mail, nor one who is naked, nor one who is
disarmed, nor one who looks on without taking part
in the fight, nor one who is fighting with another (foe) ; - Nor one whose weapons are broken, nor one
afflicted (with sorrow), nor one who has been griev-
ously wounded, nor one who is in fear, nor one who
has turned to flight ; (but in all these cases let him)
remember the duty (of honourable warriors). - But the (Kshatriya) who is slain in battle,
while he turns back in fear, takes upon himself all
the sin of his master, whatever (it may be) ; - And whatever merit (a man) who is slain in
flight may have gained for the next (world), all that
his master takes. . - Chariots and horses, elephants, parasols,
money, grain, cattle, women, all sorts of (market-
able) goods and valueless metals belong to him who
takes them (singly) conquering (the possessor). - A text of the Veda (declares) that (the
soldiers) shall present a choice portion (of the booty)
to the king ; what has not been taken singly, must
be distributed by the king among all the soldiers.
who has alighted on the ground/ i. e. ‘ while the assailant stands on
his chariot.’
- Medh. mentions a var. lect. bhagnam, ‘ who is broken’ (?),
for nagnam, ( who is naked.’
94-95. Yagri. I, 324. 96-97. Gaut. X, 20-23.
- According to the commentators the Vedic text alluded to
is Aitareya-brahmawa III, 21.
232 LAWS OF MANU. VII, 98.
- Thus has been declared the blameless, primeval
law for warriors ; from this law a Kshatriya must not
depart, when he strikes his foes in battle. - Let him strive to gain what he has not yet
gained ; what he has gained let him carefully pre-
serve ; let him augment what he preserves, and
what he has augmented let him bestow on worthy
men. - Let him know that these are the four means
for securing the aims of human (existence) ; let him,
without ever tiring, properly employ them. - What he has not (yet) gained, let him seek
(to gain) by (his) army ; what he has gained, let him
protect by careful attention ; what he has protected,
let him augment by (various modes of) increasing
it ; and what he has augmented, let him liberally
bestow (on worthy men). - Let him be ever ready to strike, his prowess
constantly displayed, and his secrets constantly con-
cealed, and let him constantly explore the weaknesses
of his foe. - Of him who is always ready to strike, the
whole world stands in awe ; let him therefore make
all creatures subject to himself even by the employ-
ment of force. - Let him ever act without guile, and on no
- Y&gfi. I, 316 ; Vas. XVI, 6.
- Medh., Gov., Ragh., Nand., and K. read at the end of the
verse patreshu nikshipet, ‘ let him bestow on worthy recipients,’ and
this may have been Kull.’s reading too. - Nityam udyatada^da^ syat, ‘let him be always ready to
strike ‘ (N&r., Nand.), means according to Medh., Gov., and Kull.
1 let him keep his army always ready or exercised.’ - I read with Gov., Nar., Nand., Ragh., and K., susa/rcvma^,
1 carefully guarding himself.’ Medh. reads atandrita^, ‘ untired.’
VII, H2. THE KING. 233
account treacherously ; carefully guarding himself,
let him always fathom the treachery which his foes
employ.
- His enemy must not know his weaknesses,
but he must know the weaknesses of his enemy ; as
the tortoise (hides its limbs), even so let him secure
the members (of his government against treachery),
let him protect his own weak points. - Let him plan his undertakings (patiently
meditating) like a heron ; like a lion, let him put
forth his strength ; like a wolf, let him snatch (his
prey) ; like a hare, let him double in retreat. - When he is thus engaged in conquest, let
him subdue all the opponents whom he may find,
by the (four) expedients, conciliation and the rest. - If they cannot be stopped by the three first
expedients, then let him, overcoming them by force
alone, gradually bring them to subjection. - Among the four expedients, conciliation and
the rest, the learned always recommend conciliation
and (the employment of) force for the prosperity of
kingdoms.
no. As the weeder plucks up the weeds and
preserves the corn, even so let the king protect
his kingdom and destroy his opponents.
in. That king who through folly rashly oppresses
his kingdom, (will), together with his relatives, ere
long be deprived of his life and of his kingdom.
- As the lives of living creatures are destroyed
by tormenting their bodies, even so the lives of kings
are destroyed by their oppressing their kingdoms. - The position of the second and fourth clauses is interchanged
according to Medh., Gov., Nand.
2 34 LAWS OF MANU. VII, IT3.
- In governing his kingdom let him always
observe the (following) rules ; for a king who governs
his kingdom well, easily prospers. - Let him place a company of soldiers, com-
manded (by a trusty officer), in the midst of two,
three, five or hundreds of villages, (to be) a protec-
tion of the kingdom. - Let him appoint a lord over (each) village,
as well as lords of ten villages, lords of twenty, lords
of a hundred, and lords of a thousand. - The lord of one village himself shall inform
the lord of ten villages of the crimes committed in
his village, and the ruler of ten (shall make his re-
port) to the ruler of twenty.
1 1 7. But the ruler of twenty shall report all such
(matters) to the lord of a hundred, and the lord of
a hundred shall himself give information to the lord
of a thousand.
- Those (articles) which the villagers ought
to furnish daily to the king, such as food, drink, and
fuel, the lord of one village shall obtain. - Kull. says, ‘in the midst of two, three, or five hundred vil-
lages.’ Nar. remarks that the plural ‘hundreds’ is used in order
to leave the number doubtful. It is, however, not impossible that
here, as elsewhere in ancient Sanskrit, jatanam means ‘a hundred.’
Medh. explains sawgraha, ‘ protection/ by ‘ an official,’ or ‘ a royal
granary/ Gov. states correctly that the pickets mentioned are the
so-called Sthanakas, the 7%a/zas of modern India.
115-124. ip. II, 26, 4-5; Vi. Ill, 7-15; YS^ro. I, 337.
- The rule refers, as Medh., Gov., Kull., and Ragh. remark,
to offences with which the persons who report them, are unable to
deal. Nar. thinks that chiefly refusals to pay the revenue or dis-
putes on such matters are meant. - The lord of one village is apparently the modern Pa/il, the
Pa//akila or Gramaku/a of the inscriptions, and the articles to be
furnished to him the so-called ‘haks.’ The other officials correspond
Til, 124. THE KING. 235
- The ruler of ten (villages) shall enjoy one
kula (as much land as suffices for one family), the
ruler of twenty five kulas, the superintendent of
a hundred villages (the revenues of) one village,
the lord of a thousand (the revenues of) a town. - The affairs of these (officials), which are
connected with (their) villages and their separate
business, another minister of the king shall inspect,
(who must be) loyal and never remiss ; - And in each town let him appoint one super-
intendent of all affairs, elevated in rank, formidable,
(resembling) a planet among the stars. - Let that (man) always personally visit by
turns all those (other officials) ; let him properly
explore their behaviour in their districts through
spies (appointed to) each. - For the servants of the king, who are
appointed to protect (the people), generally become
knaves who seize the property of others ; let him
protect his subjects against such (men).
1 24. Let the king confiscate the whole property of
to the modern Naib-subas, Subas, or Mahalkaris, Mamlatdars, and
so forth, and to the Vishayapatis, Rash/rapatis, Ra^asthaniyas, &c. of
the inscriptions.
- Kulam, ‘(as much land as suffices for one) family/ is really
a technical term which Medh. explains by gha»/a, a term known
‘ in some districts.’ Gov., Kull., Nar., and Ragh. state that it is the
double of a ‘ middling plough,’ i. e. as much as can be cultivated
with twelve oxen, while Nand. interprets it by ‘ the share of one
cultivator.’ - Nar. explains pr/thakkaryam, ‘separate affairs/ by ‘ quarrels
among each other;’ Nand. by ‘ the separate affairs of the villagers.’
Snigdha^, ‘ loyal’ (Kull., Ragh.), means according to Medh. ‘ im-
partial.’ - Graham, ‘a planet’ (Kull., Ragh.), or ‘the planet Mars’
(Medh.), or ‘the sun’ (Gov.), or ‘the moon’ (Nar.).
T^r-.
236 LAWS OF MANU. VII, 125.
those (officials) who, evil-minded, may take money
from suitors, and banish them.
- For women employed in the royal service
and for menial servants, let him fix a daily main-
tenance, in proportion to their position and to their
work. - One pa^a must be given (daily) as wages
to the lowest, six to the highest, likewise clothing
every six months and one dro^a of grain every
month. - Having well considered (the rates of) pur-
chase and (of) sale, (the length of) the road, (the
expense for) food and condiments, the charges of
securing the goods, let the king make the traders
pay duty. - After (due) consideration the king shall
always fix in his realm the duties and taxes in
such a manner that both he himself and the man
who does the work receive (their due) reward. - As the leech, the calf, and the bee take
their food little by little, even so must the king
draw from his realm moderate annual taxes. - A fiftieth pa*>t of (the increments on) cattle
- ‘One pa«a;’ see below, VIII, 136. ‘A dro^a,’ i.e. ‘four
a^akas’ (Medh., Kull., Ragh.), or ‘ 512 palas’ (Gov.) ; see below,
VIII, 135. Gov., Kull., Nar., and Ragh. state that the highest ser-
vants shall receive six times as much grain and clothes as the
lowest, and they add that the middle-class servants, of course,
receive three times as much as the lowest. - * The food and condiments,’ i.e. ‘what is consumed by the
people employed by the merchants.’ According to Kull. and Nar.,
yoga means ‘ the net profits,’ and kshema ‘ the charges for securing
the goods against robbers and so forth.’ According to Medh., Gov.,
and Ragh., the whole compound denotes the latter charges alone.
130-132. Ap. II, 26,9; Gaut. X, 24-27; Vas. XIX, 26-27;
Baudh. I, 18, 1, 13, 15; Vi. Ill, 22-25, 29″3°«
VII, 137. THE KING. 237
and gold may be taken by the king, and the eighth,
sixth, or twelfth part of the crops.
- He may also take the sixth part of trees,
meat, honey, clarified butter, perfumes, (medical)
herbs, substances used for flavouring food, flowers,
roots, and fruit ; - Of leaves, pot-herbs, grass, (objects) made
of cane, skins, of earthen vessels, and all (articles)
made of stone. - Though dying (with want), a king must not
levy a tax on .Srotriyas, and no .Srotriya, residing
in his kingdom, must perish from hunger. - The kingdom of that king, in whose domi-
nions a 6Yotriya pines with hunger, will even, ere
long, be afflicted by famine. - Having ascertained his learning in the Veda
and (the purity of) his conduct, the king shall pro-
vide for him means of subsistence in accordance with
the sacred law, and shall protect him in every way,
as a father (protects) the lawful son of his body. - Whatever meritorious acts (such a Brah-
ma^a) performs under the full protection of the
king, thereby the king s length of life, wealth, and
kingdom increase. - Let the king make the common inhabitants
of his realm who live by traffic, pay annually some
trifle, which is called a tax. - Medh. and Kull. add ‘ from the profits (made on the seven-
teen articles enumerated).* - Ap. II, 26, 10 ; 25, n ; Gaut. X, 9 ; Vas. XIX, 23 ; Vi.
Ill, 26, 79.
135-136. Yzgn. Ill, 44.
- Przthagg-ana7#, ‘ the common inhabitants,* i. e. small dealers
in vegetables, leaves, and so forth (Kull., Ragh.), or in cakes (Gov.).
238 LAWS OF MANU. VII, 138.
- Mechanics and artisans, as well as .Sudras
who subsist by manual labour, he may cause to
work (for himself) one (day) in each month.
1 39. Let him not cut up his own root (by levying
no taxes), nor the root of other (men) by excessive
greed; for by cutting up his own root (or theirs),
he makes himself or them wretched.
- Let the king, having carefully considered
(each) affair, be both sharp and gentle ; for a king
who is both sharp and gentle is highly respected. - When he is tired with the inspection of the
business of men, let him place on that seat (of
justice) his chief minister, (who must be) acquainted
with the law, wise, self-controlled, and descended
from a (noble) family. - Having thus arranged all the affairs (of)
his (government), he shall zealously and carefully
protect his subjects. - That (monarch) whose subjects are carried
off by robbers (Dasyu) from his kingdom, while
they loudly call (for help), and he and his ser-
vants are (quietly) looking on, is a dead and not
a living (king). - The highest duty of a Kshatriya is to pro-
tect his subjects, for the king who enjoys the
rewards, just mentioned, is bound to (discharge
that) duty. - Having risen in the last watch of the night,
having performed (the rite of) personal purification, - Gaut. X, 31 ; Vas. XIX, 28; Vi. Ill, 32.
- Vi. Ill, 73-74; Yagri. II, 1-3. Medh. reads bantam, {o
a tranquil disposition,’ for pra^wam, ‘ wise.’
142-144. ; Ap. II, 10, 6 ; Gaut. X, 7-8 ; Vas. XIX, 1 ; Baudh. I,
18, 1; Vi. Ill, 1; Ya^. I, 334-335-
■
VII, 152. THE KING. 239
having, with a collected mind, offered oblations in the
fire, and having worshipped Brahma^as, he shall enter
the hall of audience which must possess the marks
(considered) auspicious (for a dwelling).
- Tarrying there, he shall gratify all subjects
(who come to see him by a kind reception) and
afterwards dismiss them ; having dismissed his
subjects, he shall take counsel with his ministers. - Ascending the back of a hill or a terrace,
(and) retiring (there) in a lonely place, or in a solitary
forest, let him consult with them unobserved. - That king whose secret plans other people,
(though) assembled (for the purpose), do not dis-
cover, (will) enjoy the whole earth, though he be
poor in treasure. - At the time of consultation let him cause to
be removed idiots, the dumb, the blind, and the ^/
deaf, animals, very aged men, women, barbarians,
the sick, and those deficient in limbs.
1 50. (Such) despicable (persons), likewise animals,
and particularly women betray secret council ; for
that reason he must be careful with respect to
them.
- At midday or at midnight, when his mental
and bodily fatigues are over, let him deliberate,
either with himself alone or with his (ministers), on
virtue, pleasure, and wealth, - On (reconciling) the attainment of these
147-148. Y&gii. I, 343-
- Ni/zsalake, ‘solitary’ (Nar., Kull., Ragh.), means according
to Medh., Gov., and Nand. ‘ free from grass and so forth.’ - ‘Animals,’ i.e. ‘parrots, starlings, and other talking birds!
(Kull., Gov., Ragh., Nand.), ‘for such creatures divulge secret
plans’ (Medh.).
Ifct.
240 LAWS OF MANU. VII, 153
(aims) which are opposed to each other, on be-
stowing his daughters in marriage, and on keeping
his sons (from harm),
- On sending ambassadors, on the completion
of undertakings (already begun), on the behaviour
of (the women in) his harem, and on the doings of
his spies. - On the whole eightfold business and the
five classes (of spies), on the goodwill or enmity
and the conduct of the circle (of neighbours he
must) carefully (reflect). - On the conduct of the middlemost (prince),
on the doings of him who seeks conquest, on the
behaviour of the neutral (king), and (on that) of the
foe (let him) sedulously (meditate). - ‘ The eightfold business’ consists according to Medh. either
of ‘ conciliation, division, employment of force, gifts,’ or ‘ of agri-
culture, trade, building bridges and embankments, building fort-
resses or repairing them, catching elephants, digging mines, settling
desert districts, cutting down forests/ or ‘ of collecting revenue, ex-
penditure, dismissing bad servants, prohibiting bad conduct on the
part of the castes and orders, deciding difficult points in one’s own
affairs, deciding legal cases, punishing, and imposing penances.’
The second explanation, which is said to belong to Antaka (Yama),
is adopted by Nand.; the third, which is taken from the NitLrastra
of U?anas, by Gov., Kull., Nar., and Ragh. ‘ The five classes (of
spies),’ i. e. ‘ karpa/ika, a pilgrim or a rogue, an ascetic who has
violated his vows, a distressed agriculturist, a decayed merchant,
and a fictitious devotee’ (Medh., Gov., Kull., Ragh.). Nar. and
Nand. explain pan^avarga by ‘ the collection of the five (requisites
for an undertaking)/ Regarding ‘the circle/ see the following
verses.
iSS”1^- Vi- m> 38; Ya§™. I, 344.
- * The middlemost prince’ is he whose territory lies between
that of the king seeking conquest and that of his foe, and who,
though unable to resist both, may become dangerous to them when
they are at war with each other ; see Kamandaki, Nitisara VIII, 1 8,
which passage the commentators quote. ‘ The foe’ may be of three
VII, 161. THE KING. 24 1
- These (four) constituents (prakmi, form),
briefly (speaking), the foundation of the circle (of
neighbours) ; besides, eight others are enumerated
(in the Institutes of Polity) and (thus) the (total) is
declared to be twelve. - The minister, the kingdom, the fortress, the
treasury, and the army are five other (constituent
elements of the circle) ; for, these are mentioned in
connexion with each (of the first twelve ; thus the
whole circle consists), briefly (speaking, of) seventy-
two (constituent parts). - Let (the king) consider as hostile his imme-
diate neighbour and the partisan of (such a) foe, as
friendly the immediate neighbour of his foe, and as
neutral (the king) beyond those two. - Let him overcome all of them by means of
the (four) expedients, conciliation and the rest, (em-
ployed) either singly or conjointly, (or) by bravery
and policy (alone). - Let him constantly think of the six measures
of royal policy (gu^a, viz.) alliance, war, marching,
halting, dividing the army, and seeking protection. - Having carefully considered the business (in
hand), let him resort to sitting quiet or marching,
kinds, ‘ natural,’ * artificial’ (i. e. one who has a particular reason for
his enmity), and ‘an immediate neighbour’ (see below, verse 158).
- ‘ The eight other constituents’ are according to Kamandaki
VIII, 16-17, (a) in front beyond the foe’s territory, 1. a friend,
- the foe’s friend, 3. the friend’s friend, 4. the foe’s friend’s friend;
(b) in the rear, 1. he who attacks in the rear (parsrmigraha), 2. he
who restrains the latter (akranda), 3, 4. the supporters of these two.
All the commentators except Medh. quote Kamandaki more or less
correctly. Kamandaki VIII, 24 states that this doctrine, with respect
to the constituent parts of the system of states which requires the
attention of each king, is peculiar to the Manavas.
160-161. Vi. Ill, 39 ; Ya^w. I, 345-346.
[25] R
242 LAWS OF MANU. VII, 162.
alliance or war, dividing his forces or seeking pro-
tection (as the case may require).
- But the king must know that there are two
kinds of alliances and of wars, (likewise two) of both
marching and sitting quiet, and two (occasions for)
seeking protection. - An alliance which yields present and future
advantages, one must know to be of two descriptions,
(viz.) that when one marches together (with an ally)
and the contrary (when the allies act separately). - War is declared to be of two kinds, (viz.)
that which is undertaken in season or out of season,
by oneself and for one’s own purposes, and (that
waged to avenge) an injury done to a friend. - Marching (to attack) is said to be twofold,
(viz. that undertaken) by one alone when an urgent
matter has suddenly arisen, and (that undertaken)
by one allied with a friend. - Medh. proposes besides the explanation given above
another, ‘ An alliance one must know to be of two kinds, (viz.) that
where (the allies) share the danger and the fruits of the expedition
and the contrary’ (yanaphalasahitau gakkkkvak samanaphalabha-
gitaya na ka. tvayaham uttambhaniyo yatnato lipsite tatas tava
bhago bhavishyati). Nar. thinks that the adjective tadatvayatisaw-
yukta^, too, refers to two different cases, and means ‘ which yields
either immediate or future advantages.’ Nand. adopts the latter
view as well as Medh.’s second explanation of the first part of
the verse. - Regarding the expression ‘in season,’ see below, verse 182.
Medh. takes ■ out of season’ with the second clause, ‘ and (that
waged) out of season (in order to avenge) an injury done to a friend.’
He also mentions a var. lect. mitre^apakrz’te (which Gov. has
adopted), with the following explanation, ‘ and that waged out of
season when the enemy has been weakened by an ally.’ Gov.
agrees with this latter view except that he takes akale with the first
clause. The other commentators give the explanation adopted in
the translation.
VII, 170. THE KING. 243
- Sitting quiet is stated to be of two kinds,
(viz. that incumbent) on one who has gradually been
weakened by fate or in consequence of former acts,
and (that) in favour of a friend. - If the army stops (in one place) and its
master (in another) in order to effect some purpose,
that is called by those acquainted with the virtues
of the measures of royal policy, the twofold division
of the forces. - Seeking refuge is declared to be of two
kinds, (first) for the purpose of attaining an ad-
vantage when one is harassed by enemies, (secondly)
in order to become known among the virtuous (as
the protege of a powerful king).
1 69. When (the king) knows (that) at some future
time his superiority (is) certain, and (that) at the
time present (he will suffer) little injury, then let
him have recourse to peaceful measures.
- But when he thinks all his subjects to be
- Purvakrz’tena, ‘ in consequence of former acts,’ i. e. ‘in con-
sequence of acts committed in a former existence, or in consequence
of former imprudence’ (Medh., Gov., Kull.). Nand. and Ragh. give
only the second explanation ; Nar. says * by an enemy whom he
formerly made.’ - The text really mentions only one method of ‘division.’
Hence Medh. thinks that, in order to obtain the two kinds required,
it must be understood that the measure may be resorted to either for
one’s own sake or for the sake of somebody else. Nar. makes the
two methods out by supposing that in the one case the army stops
in front of the enemy under the command of a general, while the
king marches with a portion of his forces, and that in the other
case the contrary takes place. Gov., after giving the explanation
adopted in the translation, quotes K&mandaki, Nitisara XI, 24,
where a different meaning, ‘duplicity,’ is attributed to the term dvai-
dhibhava. Nand.’s whole explanation consists of this quotation. - I read with all the commentators and K., prahnsh/a instead
of prakrzsh/a (editions).
R 2
244 LAWS OF MANU. VII, 171.
exceedingly contented, and (that he) himself (is)
most exalted (in power), then let him make war.
- When he knows his own army to be cheerful
in disposition and strong, and (that) of his enemy the
reverse, then let him march against his foe. - But if he is very weak in chariots and beasts
of burden and in troops, then let him carefully sit
quiet, gradually conciliating his foes. - When the king knows the enemy to be
stronger in every respect, then let him divide his
army and thus achieve his purpose.
1 74. But when he is very easily assailable by the
forces of the enemy, then let him quickly seek refuge
with a righteous, powerful king.
- That (prince) who will coerce both his (dis-
loyal) subjects and the army of the foe, let him ever
serve with every effort like a Guru. - When, even in that (condition), he sees (that)
evil is caused by (such) protection, let him without
hesitation have recourse to war. - By all (the four) expedients a politic prince
must arrange (matters so) that neither friends, nor
neutrals, nor foes are superior to himself. - Let him fully consider the future and the
immediate results of all undertakings, and the good
and bad sides of all past (actions). - He who knows the good and the evil (which
will result from his acts) in the future, is quick in
forming resolutions for the present, and under-
stands the consequences of past (actions), will not
be conquered. - I read with Gov. and K. sa yuddham instead of suyuddham
(Medh., Kull., Ragh., Nand.), ■ let him fight bravely.’
VII, 185. THE KING. 245
- Let him arrange everything in such a manner
that no ally, no neutral or foe may injure him ; that
is the sum of political wisdom. - But if the king undertakes an expedition
against a hostile kingdom, then let him gradually
advance, in the following manner, against his foe’s
capital. - Let the king undertake his march in the
fine month Marga^irsha, or towards the months of
Phalguna and A’aitra, according to the (condition
of his) army. - Even at other times, when he has a certain
prospect of victory, or when a disaster has befallen
his foe, he may advance to attack him. - But having duly arranged (all affairs) in his
original (kingdom) and what relates to the expedi-
tion, having secured a basis (for his operations) and
having duly dispatched his spies ; - Having cleared the three kinds of roads, and
(having made) his sixfold army (efficient), let him
leisurely proceed in the manner prescribed for war-
fare against the enemy’s capital. - Vi. Ill, 40; Y&gri. I, 347. ‘Fine/ i.e. ‘when fodder and
grain are abundant and the roads dry’ (Gov., Kull., Ragh.).
Marga^irsha, i. e. November-December ; Phalguna, i. e. February-
March ; .ATaitra, i. e. March- April. - ‘Having secured a basis (for his operations)/ i.e. ‘having
won over the servants of his foe who may be at enmity with their
master’ (Medh., Gov., Kull., Ragh.), or ‘having established a camp
in the country which he intends to attack’ (Nar.). - ‘ The three kinds of roads/ i. e. ‘ through the open country,
through marshy ground or such as is cut by watercourses, and
through forests’ (^ahgalanupa/avika), (Medh., Gov., Kull., Ragh.,
Nand.). Nar. gives the same explanation, but adds that the proper
interpretation is ‘ through villages, forests, and hills.’ ‘ The sixfold
army/ i. e. consisting of ‘ elephants, horses, chariots, infantry, the
246 LAWS OF MANU. VII, 186.
- Let him be very much on his guard against
a friend who secretly serves the enemy and against
(deserters) who return (from the enemy’s camp) ; for
such (men are) the most dangerous foes. - Let him march on his road, arraying (his
troops) like a staff (i.e. in an oblong), or like a waggon
(i.e. in a wedge), or like a boar (i.e. in a rhombus),
or like a Makara (i.e. in two triangles, with the apices
joined), or like a pin (i. e. in a long line), or like a
Garu^a (i. e. in a rhomboid with far-extended wings). - From whatever (side) he apprehends danger,
in that (direction) let him extend his troops, and let
him always himself encamp in an array, shaped like
a lotus. - Let him allot to the commander-in-chief, to
the (subordinate) general, (and to the superior officers)
places in all directions, and let him turn his front
in that direction whence he fears danger.
general, and workmen’ (Medh., Gov., Kull., Ragh.). Medh. adds
that some name as the fifth component ‘the treasury,’ and that
others explain the term by ‘the sixfold division, mentioned by
Kamandi,’ Nitisara XVI, 6. The latter view is adopted by Nand.
Nar. enumerates besides elephants, horses, chariots, and infantry,
the riders on elephants and sastropanayakas (?).
- The details regarding the various ways of arranging the
troops are found in the Kamandaki, Nitisara XIX. - My translation of the last clause follows Gov., Nar., and
Ragh. Medh. says that the king shall leave the town with his army
in the lotus-array, and Kull. speaks of a ‘ feigned encampment’
(kapa/anivej-anaw kuryat). The lotus-array is stated to be ‘ equally
extended on all sides and perfectly circular, the centre being
occupied by the king.’ - Medh. remarks that, as the subordinate general and the
commander-in-chief are only two persons, they cannot possibly be
stationed ‘ in all directions,’ as the text prescribes, and that hence
their servants (i. e. the superior officers) must also be intended.
VII, 195- THE KING. 247
- On all sides let him place troops of soldiers,
on whom he can rely, with whom signals have been
arranged, who are expert both in sustaining a charge
and in charging, fearless and loyal. - Let him make a small number of soldiers
fight in close order, at his pleasure let him extend
a large number in loose ranks ; or let him make
them fight, arranging (a small number) in the needle-
array, (and a large number) in the thunderbolt-array. - On even ground let him fight with chariots
and horses, in water-bound places with boats and
elephants, on (ground) covered with trees and shrubs
with bows, on hilly ground with swords, targets, (and
other) weapons. - (Men born in) Kurukshetra, Matsyas, Pa#-
§alas, and those born in 6urasena, let him cause to
fight in the van of the battle, as well as (others who
are) tall and light.
- After arranging his troops, he should en-
courage them (by an address) and carefully inspect
them ; he should also mark the behaviour (of the
soldiers) when they engage the enemy. - When he has shut up his foe (in a town),
let him sit encamped, harass his kingdom, and con-
tinually spoil his grass, food, fuel, and water. - Nar. explains gulman, ‘troops of soldiers/ by gulmade-
jasthan, ‘(soldiers) standing in thickets’ (?). - Sthale, ‘on hilly ground’ (nimnonnate, Ragh.), means
according to Medh., Gov., and Kull. ‘ on ground free from stones,
trees, creepers, thorns, pits, and the like.’ - Kurukshetra, i.e. the neighbourhood of Delhi; Matsyas,
i. e. the inhabitants of Baira/a or Vaira/a, north of Jepur (Bhoga-
pure, Medh.) ; Pa^alas, i. e. the inhabitants of Kanyakub^a (Ka-
nog) ; -Surasenas, i. e. the inhabitants of the country near Mathura
(Ahi^atra, Gov.).
248 LAWS OF MANU. VII, 196.
- Likewise let him destroy the tanks, ramparts,
and ditches, and let him assail the (foe unawares)
and alarm him at night. - Let him instigate to rebellion those who are
open to such instigations, let him be informed of
his (foe’s) doings, and, when fate is propitious, let
him fight without fear, trying to conquer. - He should (however) try to conquer his
foes by conciliation, by (well-applied) gifts, and by
creating dissension, used either separately or con-
jointly, never by fighting, (if it can be avoided.) - For when two (princes) fight, victory and
defeat in the battle are, as experience teaches,
uncertain ; let him therefore avoid an engagement. - (But) if even those three before-mentioned
expedients fail, then let him, duly exerting himself,
fight in such a manner that he may completely
conquer his enemies. - When he has gained victory, let him duly
worship the gods and honour righteous Brahma/^as,
let him grant exemptions, and let him cause promises
of safety to be proclaimed.
201-205. Vi. Ill, 47-49; Y&gn. I, 342, 348-351-
- ‘The gods/ i.e. of the conquered country. Pariharan,
‘ exemptions/ i. e. ‘ from taxes and dues for a year or two’ (Medh.,
Nand.), means according to Gov. ‘gifts to *Srotriyas and others’
(jTOtriyadigatavajyadaneshu mayaitad anu^atam ity evam); ac-
cording to Kull. ‘gifts to gods and Brahmawas;’ according to Nar.
‘Agraharas or villages presented to Brahmarcas;’ according to
Ragh. ‘gifts of clothes and ornaments to the inhabitants.’ The
term parihara occurs very frequently in the inscriptions (see e. g.
Arch. Reports of Western India, vol. iv, p. 104 seq.), and means,
as the details adduced there show, ‘ exemption from taxes and pay-
ments as well as other immunities.’ These pariharas were regularly
attached to all grants to Bnihma«as or temples. In our passage a
general temporary remission of the taxes is probably intended.
VII, 207. THE KING. 249
- But having fully ascertained the wishes of
all the (conquered), let him place rhprp a reUuvp
of the (vanquished ruler on thp throne\ and let him
impose his conditions. - Let him make authoritative the lawful (cus-
toms) of the (inhabitants), just as they are stated (to
be), and let him honour the (new king) and his chief
servants with precious gifts. - The seizure of desirable property which
causes displeasure, and its distribution which causes
pleasure, are both recommendable, (if they are) re-
sorted to at the proper time. - All undertakings (in) this (world) depend
both on the ordering of fate and on human exertion ;
but among these two (the ways of) fate are unfathom-
able ; in the case of man’s work action is possible. - Or (the king, bent on conquest), considering
a friend, gold, and land (to be) the triple result (of
an expedition), may, using diligent care, make peace
with (his foe) and return (to his realm). - Having paid due attention to any king in
the circle (of neighbouring states) who might attack
him in the rear, and to his supporter who opposes - Yagri. I, 348. ‘Action/ i.e. ‘careful investigation/ hence
one should strive to attain one’s ends by exertion (Gov., Kull.), or
‘remedial action* (pratikriya, Nar.) or ‘an effort’ (purushakara,
Ragh.). Nand. takes the last clause differently, ‘if there is a
human effort, the action of fate takes place’ (manushe purushakare
sati daivasya kriya vidyate). - According to Gov., Kull., and Nar. the meaning is that, if
the foe is willing to make an alliance, to pay tribute, and to cede some
territory, the king, bent on conquest, may also make peace with him
without actually fighting and return home. In the MSS. of Medh.
this and the next verses down to verse 211 are wanting, and the
commentary on verse 2 1 1 is partly given. - The meaning of the verse is according to Gov., Kull, and
250 LAWS OF MANU. VII, 208.
the latter, let (the conqueror) secure the fruit of the
expedition from (the prince whom he attacks), whether
(he may have become) friendly or (remained) hostile.
- By gaining gold and land a king grows not
so much in strength as by obtaining a firm friend,
(who), though weak, (may become) powerful in the
future. - A weak friend (even) is greatly commended,
who is righteous (and) grateful, whose people are
contented, who is attached and persevering in his
undertakings. - The wise declare him (to be) a most dangerous
jjoe, who is wise, of noble race, brave, clever, liberal,
grateful, and firm. - Behaviour worthy of an Aryan, knowledge
of men, bravery, a compassionate disposition, and
great liberality are the virtues of a neutral_Jwho
may be courted). - Let the king, without hesitation, quit for his
own sake even a country (which is) salubrious, fertile,
and causing an increase of cattle.
Ragh. that the king, bent on conquest, shall secure his back before
he undertakes an expedition. The prince immediately in his rear,
who in the terms of the Niti is called the parshmgraha, * the heel-
catcher,’ may be supposed to be hostile to him and may be expected
to invade his territory during his absence. It is, therefore, essential
for the conqueror either to settle matters with him beforehand, or
to secure the support of the next neighbour of the parshwigraha,
who is technically called the akranda and may be supposed to be
inclined to check the parshmgraha.
- Y&gri. I, 351.
- Sthaulalakshyam/ great liberality ‘ (Kull., Nar., Ragh., Nand.),
is explained, as Kull. asserts, by Medh. and Gov. ‘being not sharp-
sighted.’ The Government copy of Gov. has, however, just the
contrary, sukshmadamtvam. Medh.’s explanation is not deci-
pherable.
VII, 218. THE KING. 251
- For times of need let him preserve his wealth ;
at the expense of his wealth let him preserve his
wife ; let him at all events preserve himself even by
(giving up) his wife and his wealth. - A wise (king), seeing that all kinds of mis-
fortunes violently assail him at the same time,
should try all (the four) expedients, be it together or
separately, (in order to save himself.) - On the person who employs the expedients,
on the business to be accomplished, and on all the
expedients collectively, on these three let him ponder
and strive to accomplish his ends. - Having thus consulted with his ministers
on all these (matters), having taken exercise, and
having bathed afterwards, the king may enter the
harem at midday in order to dine. - There he may eat food, (which has been
prepared) by faithful, incorruptible (servants) who
know the (proper) time (for dining), which has been
well examined (and hallowed) by sacred texts that .
destroy poison. - Let him mix all his food with medicines
(that are) antidotes against poison, and let him
always be careful to wear gems which destroy
poison. - ‘The person who employs the expedients/ i. e. ‘himself
(Gov., Kull., Nar., Ragh.); ‘his minister or the like’ (Nand.).
A^ritya, ‘ let him ponder on’ (manasa balabaladidvara ni^itya,
Nar., Ragh.), means according to Medh., Gov., Kull. ‘let him
depend on/
217-220. Vi. Ill, 85,87-88; Yagfi. I, 326.
- Medh., Gov., Nar., and Nand. read ne^ayet, and Ragh. so-
dhayet, * let him purify/ instead of yo^ayet (Kull., K.), ‘ let him mix.’
Nar. explains niyata^ (Medh., Nar., Ragh.) or prayata^, ‘careful’
(yatnavan, Gov., Kull., Ragh.), by ‘ being pure/
252 LAWS OF MANU. VII, 219.
- Well-tried females whose toilet and orna-
ments have been examined, shall attentively serve
him with fans, water, and perfumes. - In like manner let him be careful about
his carriages, bed, seat, bath, toilet, and all his
ornaments. - When he has dined, he may divert himself
with his wives in the harem ; but when he has
diverted himself, he must, in due time, again think
of the affairs of state. - Adorned (with his robes of state), let him
again inspect his fighting men, all his chariots and
beasts of burden, the weapons and accoutrements. - Having performed his twilight-devotions, let
him, well armed, hear in an inner apartment the
doings of those who make secret reports and of
his spies. - But going to another secret apartment and
dismissing those people, he may enter the harem,
surrounded by female (servants), in order to dine
again. - Having eaten there something for the second
time, and having been recreated by the sound of
music, let him go to rest and rise at the proper time
free from fatigue. - A king who is in good health must observe
these rules ; but, if he is indisposed, he may entrust
all this (business) to his servants. - Yagri. I, 329. * Of those who make secret reports,’ i. e.
‘ of the ministers and the rest’ (Nar.), or ‘ of citizens who may have
come’ (Medh.). - Yagfi. I, 330. ‘ Something,’ i. e. ‘ not too much.’
VIII, 6. CIVIL AND CEREMONIAL LAW. 253
Chapter VIII.
- A king, desirous of investigating law cases,
must enter his court of justice, preserving a digni-
fied demeanour, together with Brahma^as and with
experienced councillors. - There, either seated or standing, raising his
right arm, without ostentation in his dress and
ornaments, let him examine the business of suitors, - Daily (deciding) one after another (all cases)
which fall under the eighteen titles (of the law)
according to principles drawn from local usages and
from the Institutes of the sacred law. - Of those (titles) the first is the non-payment of
debts, (then follow), (2) deposit and pledge, (3) sale
without ownership, (4) concerns among partners, and
(5) resumption of gifts, - (6) Non-payment of wages, (7) non-performance
of agreements, (8) rescission of sale and purchase,
(9) disputes between the owner (of cattle) and his
servants, - (10) Disputes regarding boundaries, (11) assault
I and ( 1 2) defamation, (13) theft, (14) robbery and vio-
lence, (15) adultery,
VIII. 1. Vi. Ill, 72; Yign. I, 359; II, 1; Gaut. XIII, 26;
Vas. XVI, 2.
- ‘Standing,5 i.e. ‘in important cases’ (Medh., Gov., Kull.,
Ragh.). ‘ Raising his right arm/ i. e. ‘ keeping it uncovered’ (Nar.,
Nand., Ragh., Gov.). Regarding the meaning of the action, see
above, IV, 58. - Gaut. XI, 19-24; Vas. XVI, 4-5. ‘ Local usages,’ i. e. ‘ the
law of custom which is not opposed to the .Sastras’ (Medh., Gov.,
Kull., Mr.). - « Non-payment of debts’ (rzVzasya adanam, Nar., Nand.) may
also be translated ‘recovery of debts’ (nVzasya adanam).
254 LAWS OF MANU. VIII, 7.
- (16) Duties of man and wife, (17) partition (of
inheritance), (18) gambling and betting; these are
in this world the eighteen topics which give rise to
lawsuits. - Depending on the eternal law, let him decide
the suits of men who mostly contend on the titles
just mentioned. - But if the king does not personally investigate
the suits, then let him appoint a learned Brahma/za
to try them. - That (man) shall enter that most excellent
court, accompanied by three assessors, and fully
consider (all) causes (brought) before the (king),
either sitting down or standing. - Where three Brahma^as versed in the Vedas
and the learned (judge) appointed by the king
sit down, they call that the court of (four-faced)
Brahman. - But where justice, wounded by injustice, ap-
proaches and the judges do not extract the dart,
there (they also) are wounded (by that dart of
injustice). - Either the court must not be entered, or the
truth must be spoken ; a man who either says nothing
or speaks falsely, becomes sinful. - Vyavaharasthitau, ‘ which give rise to lawsuits’ (Gov.), means
according to Nar. ‘ in deciding lawsuits/ - The word ‘ mostly’ is intended to show that there are other
titles besides, as Narada declared (Medh., Gov., Kull., Nar., Ragh.).
Nand. omits this verse. - Vi. Ill, 73 ; Y^*. II, 3 ; Gaut. XIII, 26 ; Vas. XVI, 2.
- Medh. says ‘by (at least) three assessors.’
- ‘Must not be entered,’ i.e. ‘for the purpose of deciding
causes’ (Gov., Kull., Ragh.). But the further details show that the
verse is intended as a general maxim, applicable to witnesses also.
VIII, 20. CIVIL AND CEREMONIAL LAW. 255
- Where justice is destroyed by injustice, or
truth by falsehood, while the judges look on, there
they shall also be destroyed. - ‘Justice, being violated, destroys; justice,
being preserved, preserves : therefore justice must
not be violated, lest violated justice destroy us.’ - For t divine justice (is said to be) a bull
(vWsha) ; that (man) who violates it (kurute ‘lam)
the gods consider to be (a man despicable like) a
^udra (wzshala) ; let him, therefore, beware of vio-
lating justice. - The only friend who follows men even after
death is justice ; for everything else is lost at the
same time when the body (perishes). - One quarter of (the guilt of) an unjust (deci-
sion) falls on him who committed (the crime), one
quarter on the (false) witness, one quarter on all the
judges, one quarter on the king. - But where he who is worthy of condemnation
is condemned, the king is free from guilt, and the
judges are saved (from sin) ; the guilt falls on the
perpetrator (of the crime alone). - A Brahma^a who subsists only by the name
of his caste (^ati), or one who merely calls himself
a Brahma^a (though his origin be uncertain), may,
at the king’s pleasure, interpret the law to him, but
never a 6udra. - This admonition must be addressed by the assessors to a
judge who acts against the law (Gov., Kull., Ragh.). Nand. reads
v&h, ‘ you,’ instead of na^, ‘ us.’ - Gaut. XIII, n ; Baudh. 1,19, 8. Sabhasada^, ‘ the judges,’
means according to Gov. ‘ all those in court who look on.’ The
judge and his assessors are, however, the persons really intended. - ‘One who subsists only by the name of his caste/ i.e. ‘a man
of Brahmawa descent, who neither studies nor performs any other
K
:, 2i.
256 LAWS OF MANU. VIII
- The kingdom of that monarch, who looks on
while a .Sudra settles the law, will sink (low), like
a cow in a morass. - That kingdom where .Sudras are very nume-
rous, which is infested by atheists and destitute of
twice-born (inhabitants), soon entirely perishes,
afflicted by famine and disease. - Having occupied the seat of justice, having
covered his body, and having worshipped the
guardian deities of the world, let him, with a col-
lected mind, begin the trial of causes. - Knowing what is expedient or inexpedient,
what is pure justice or injustice, let him examine
the causes of suitors according to the order of the
castes (vama).
act required by the sacred law’ (Kull., Ragh.), or * one who has not
been initiated’ (Nar.). Brahmawabruva^, ‘one who merely calls
himself a Brahmawa (though his origin be doubtful,’ Kull., Ragh.),
means according to Nar. ‘an initiated Brahmawa who does not
study the Veda.’ Medh. and Gov. take the two terms as referring
to one person only, ‘Even a despicable Brahma/za, who subsists
merely by the name of his race/ i. e. neither studies the Veda, nor
performs the rites, &c. The commentators point out that, as the
employment of a £udra is emphatically forbidden, Kshatriyas and
Vauyas may be employed in cases of necessity.
- -SudrabhuyishMam, ‘where -Sudras are very numerous’ (Gov.,
Kull., Ragh.), means according to Medh. ‘where *Sudras mostly
decide the law -cases/ according to Nand. ‘where -Sudras are
mostly employed in high offices.’ Nar. adds that each of the
blemishes enumerated is sufficient to cause destruction. - Medh. and Ragh. give another optional explanation of the
participial clause, ‘ Understanding that pure justice secures advan-
tages and mere injustice disadvantages.’ According to Kull. it
means ‘Knowing what is expedient and what inexpedient, but
paying attention to justice and injustice alone/ Nar. and Nand.
give still more unacceptable interpretations. Gov., who considers
the explanation adopted above the only correct one, explains ‘ what
is expedient’ by ‘what will please the people/ and ‘what is inex-
VIII, 28. CIVIL AND CRIMINAL LAW. 257
- By external signs let him discover the in-
ternal disposition of men, by their voice, their colour,
their motions, their aspect, their eyes, and their
gestures. - The internal (working of the) mind is per-
ceived through the aspect, the motions, the gait,
the gestures, the speech, and the changes in the eye
and of the face. - The king shall protect the inherited (and
other) property of a minor, until he has returned
(from his teachers house) or until he has passed
his minority. - In like manner care must be taken of barren^
women, of those who have no sons, of those whose
family is extinct, of wives and widows faithful to
their lords, and of women afflicted with diseases.
pedient’ by ‘what will make them angry;’ Kull. and Ragh. by
‘what will protect the people’ and ‘what will destroy them.’
25-26. Y&gri. II, 15.
- Gov. omits svara, ‘ voice,’ and writes mukha, ‘by the colour
of the face.’ Ihgita, ‘ motions,’ i. e. ‘ trembling, horripilation, &c.’
(Medh., Gov., Ragh.), or ‘looking down, &c.’ (Kull.), or ‘unin-
tentionally moving the arms, &c.’ (N&r.). Akara, ‘aspect,’ i.e.
‘ pallor, &c.’ (Gov.), or ‘ sweating, horripilation, &c.’ (Kull., Nar.).
Medh. and Ragh. take akara to mean ‘the manner’ of the voice, &c,
not as a separate class of signs. -Sesh/ita, ‘ gestures,’ i. e. ‘ moving,
wringing the hands, &c.’ (Gov., Kull., Ragh.), or ‘ intentional move-
ments’ (Nar.).
27-29. Gaut. X, 48; Vas. XVI, 8; Vi. Ill, 65.
- ‘The minority ends with the sixteenth year’ (Kull., Nar.);
see Narada III, 37. The second term is intended to provide for
the case of those who finish their Veda-study before the sixteenth
year (Medh., Kull.), or of Sudras (Medh.). - ‘Those whose family is extinct/ i.e. ‘maidens in that con-
dition’ (Gov.), or ‘ those who have quitted their families and become
harlots’ (Medh. ‘ others’). ‘ Wives faithful to their lords,’ i. e. ‘those
whose husbands are absent’ (Gov., Ragh.). The conditions
[25] S
258 LAWS OF MANU. VIII, 29.
- A righteous king must punish like thieves
those relatives who appropriate the property of such
females during their lifetime. - Property, the owner of which has disappeared,
the king shall cause to be kept as a deposit during
three years ; within the period of three years the
owner may claim it, after (that term) the king may
take it. - He who says, ‘ This belongs to me/ must be
examined according to the rule ; if he accurately
describes the shape, and the number (of the articles
found) and so forth, (he is) the owner, (and) ought (to
receive) that property. - But if he does not really know the time and
the place (where it was) lost, its colour, shape, and
size, he is worthy of a fine equal (in value) to the
(object claimed). - Now the king, remembering the duty of
good men, may take one-sixth part of property
lost and afterwards found, or one-tenth, or at least
one-twelfth.
of the king’s protection are in every case that the relatives are
either dead or unable to provide for the females or try to oppress
them.
30-34. Ap. II, 28, 7-9; Gaut. X, 36-38; Vas. XVI, 20; Yagri.
II, S3-
- ‘Property the owner of which has disappeared’ means ac-
cording to the commentators, ‘ property, found by the royal servants
(in a forest or elsewhere, Medh.), the owner of which is not known.’
Such property shall be proclaimed by beat of drum (Gov., KulL).
‘ Others,’ quoted by Medh., think that after three years the king
may use it as his own, but has still to restore it, if the owner
appears. Nand. points out that the rule does not refer to Brah-
mamcal property (see Gaut. loc. cit.). - The amount to be taken by the king depends according to
Medh. on the length of time for which it has been kept (so also
VIII, 39- CIVIL AND CRIMINAL LAW. 259
- Property lost and afterwards found (by the
king’s servants) shall remain in the keeping of
(special) officials; those whom the king may con-
vict of stealing it, he shall cause to be slain by an
elephant. - From that man who shall truly say with
respect to treasure-trove, ! This belongs to me/ the
king may take one-sixth or one-twelfth part. - But he who falsely says (so), shall be fined
in one-eighth of his property, or, a calculation of
(the value of) the treasure having been made, in
some smaller portion (of that).
3 7. When a learned Brahrna/za has found treasure,
deposited in former (times), he may take even the
whole (of it) ; for he is master of everything.
- When the king finds treasure of old concealed
in the ground, let him give one half to Brahma/zas jj
and place the (other) half in his treasury. —4* - The king obtains one half of ancient hoards
and metals (found) in the ground, by reason of
Ragh.), or on the trouble which it gave (so also Gov.) and the
king’s compassion ; according to Kull. and Nar., on the virtues of
the owner. Medh. places this verse after verse 34.
35-39- Gaut. X, 43-45 5 vas. Ill, 13-14; Vi. Ill, 56-64;
Yagn. II, 34-35-
- ‘ Treasure-trove,’ i.e. ‘valuables secretly buried in the ground’
(Medh.). The amount to be taken depends on the ‘virtues’ of the
finder (Medh., Gov., Kull., Ragh.), or on his caste (Nar.), or on the
place and time, the caste, &c. (Gov.). - The amount of the fine depends on the circumstances of
the case or the ‘ virtues’ of the offender (Medh.), or on the ‘ virtues ‘
of the offender alone (Gov., Kull., Ragh.). - Medh., Gov., N&r. take, as Kull. points out, most improperly
purvopanihitam, * deposited in former times,’ to mean ‘ deposited by
his ancestors.’ The parallel passages of Visrmu and others are
perfectly clear on the point. - I take the last clause, which might also be translated ‘ (and)
S 2
260 LAWS OF MANU. VIII, 40.
(his giving) protection, (and) because he is the lord
of the soil.
- Property stolen by thieves must be restored
by the king to (men of) all castes (vama) ; a king
who uses such (property) for himself incurs the
oaiilt of a thief. - (A king) who knows the sacred law, must
inquire into the laws of castes (^ati), of districts,
of guilds, and of families, and (thus) settle the
peculiar law of each. - For men who follow their particular occupa-
tions and abide by their particular duty, become
dear to people, though they may live at a distance. - Neither the king nor any servant of his shall
because he is the lord of the earth/ as a distinct recognition of the
principle that the ownership of all land is vested in the king. Medh.
says, ‘ he is the lord of the soil (bhumi) ; it is just that a share should
be given to him of that which is found in the soil belonging to him
(tadiyaya bhuvo yallabdham).’
- Ap. II, 26, 8 ; Gaut. X, 46-47 ; Vi. Ill, 66-67 ; Y^n. II,
- I.e. ‘if he recovers it’ (Medh., Gov., Kull., Nar., Ragh.,
Nand.). Medh. reads iaurih/Ytam, and mentions another reading,
/fcaurahn’tam, which Ragh. has, and thinks that it may mean that the
king must make good stolen property which is not recovered. - Ap. II, 15, 1 ; Gaut. XI, 20; Vas. XIX, 7; Baudh. I, 2, 1-8;
Vi. Ill, 3 ; Yagn. I, 360. (rati, ‘ castes,’ i. e. ‘ Brahma^as and so
forth’ (Kull., Nar., Ragh., Nand.). Ganapada, ‘ the laws of districts,
e. g. of the Kuru, Klri or KsLrmira countries’ (Medh.), or ‘of certain
districts’ (deja, Gov., Kull., Ragh.), or ‘ of the inhabitants of one
and the same village’ (Nar.). Medh. gives also other explanations
of the compound ^ati^anapadan, ‘ of local castes ‘ or ‘ natives of
different countries.’ Sreni,’ guilds,’ i. e. ‘ of merchants, &c.’ (Medh.
Kull., Nar., Ragh.), or ‘ of merchants and husbandmen, &c.’ (Gov.),
or ‘of merchants and actors, &c.’ (Nand.). Ragh. reads paripalayet,
‘ and protect the peculiar law of each.’ It must, of course, be under-
stood that the customs are not opposed to the sacred law (Medh.,
Gov., Kull., Ragh.). - Gaut. XIII, 27. ‘(Some) other (man),’ i.e. ‘the plaintiff’
VIII, 46. CIVIL AND CRIMINAL LAW. 26 1
themselves cause a lawsuit to be begun, or hush up
one that has been brought (before them) by (some)
other (man).
- As a hunter traces the lair of a (wounded)
deer by the drops of blood, even so the king shall
discover on which side the right lies, by inferences
(from the facts). - When engaged in judicial proceedings he
must pay full attention to the truth, to the object
(of the dispute), (and) to himself, next to the wit-
nesses, to the place, to the time, and to the aspect. - What may have been practised by the vir-
tuous, by such twice-born men as are devoted to
the law, that he shall establish as law, if it be not
(Medh.), or ‘the plaintiff or the defendant’ (KulL), or ‘any suitor/
‘Others’ explain the second half of the verse according to Medh.,
as follows, ‘ and let him not appropriate money brought to him
in any other manner than for the suit.’
- Thus Kull. and Ragh. But Medh. and Gov. take the verse
a little differently, ‘ As the hunter tracks the steps of (a wounded)
deer/ &c. - ‘ The truth,’ i. e. ‘ removing all fraud’ (Kull., Ragh.), or ‘ what
portion (of this suit) is based on truth’ (Nar., Nand.). Artham,
1 the object of the dispute,’ i. e. * if it be not too insignificant, in
which case the plaint must not be accepted’ (Medh., Gov., Kull.,
Ragh.). Nar. explains artha by ‘ the money realised by a fine and
the like/ Nand. by ‘ the aim.’ ‘ Himself/ i. e. ‘ that he will obtain
heaven by a just decision’ (Kull., Ragh.). ‘ The place and the time/
i. e. ‘ what is befitting the place and the time’ (Kull.), or ‘ the place,
e. g. Banaras, and the time (e. g. of a famine) where and when the
offence has been committed, and which may make the case lighter
or heavier’ (Medh., Ragh.), or ‘ the customs of the country and
what is befitting the time ‘ (Nar.), or ‘ the place where the offence was
committed and the age of the offender’ (Gov.). Rupam, ‘ the aspect/
i. e. ‘ the nature of the object’ (Medh., Nand.), or ‘ the nature of the
case’ (Kull.), or ‘the looks of the parties’ (Medh. ‘others/ Gov.,
Nar., Ragh.). - Thus Kull., Nar., Ragh., and Nand. But Medh. takes the
verse differently, ‘ What has been practised by the virtuous and by
262 LAWS OF MANU. VIII, 47.
opposed to the (customs of) countries, families, and
castes (^ati).
- When a creditor sues (before the king) for
the recovery of money from a debtor, let him make
the debtor pay the sum which the creditor proves
(to be due). - By whatever means a creditor may be able
to obtain possession of his property, even by those
means may he force the debtor and make him pay. - By moral suasion, by suit of law, by artful
management, or by the customary proceeding, a
creditor may recover property lent; and fifthly, by
force. - A creditor who himself recovers his property
from his debtor, must not be blamed by the king for
retaking what is his own. - But him who denies a debt which is proved
by good evidence, he shall order to pay that debt
twice-born men …. that he shall establish as law for countries,
families, and . castes, if it is not opposed (to texts of the -Sruti and
Smrz’ti).’ Gov. reads anurupam, ‘ conform with/ instead of avirud-
dham, ‘ not opposed,’ and seems to agree with Medh. He says,
‘ And thus let him punish in lawsuits the litigant who acts in a con-
trary manner ; and as here the phrase ” what is practised by the
virtuous” is used, this (rule) must refer to good conduct/ But the
rule, given in verse 41, must refer to laws other than ‘(those re-
lating to) good conduct/
- Vyavahare^a, ‘by suit of law’ (Gov., Kull., Nar.), or ‘by
threatening a lawsuit’ (Nand.), or ‘ by forced labour’ (Medh.), or ‘ by
a forcible sale of property’ (Ragh.). A/£arita, ‘ the customary pro-
ceeding/ i. e. ‘ by killing one’s wife, children, and cattle, and sitting
at the debtor’s door.’ Brz’haspati, quoted by Kull. and Ragh., or ‘by
fasting’ (Gov.), or ‘by the creditor’s starving himself to death’
(Nar.). This custom corresponds to the so-called prayopave«rana,
or Dharwa, and to the Traga of the bards. - Vi. VI, 19 ; Yagn. II, 40.
- ‘In this case self-help must not be used’ (Medh.). Regard-
ing the amount of the fine, see below, verse 139.
VIII, 57- CIVIL AND CRIMINAL LAW; DEBTS. 2-63
to the creditor and a small fine according to his
circumstances.
- On the denial (of a debt) by a debtor who
has been required in court to pay it, the complainant
must call (a witness) who was present (when the loan
was made), or adduce other evidence. - (The plaintiff) who calls a witness not present
at the transaction, who retracts his statements, or
does not perceive that his statements (are) confused
or contradictory ; - Or who having stated what he means to prove
afterwards varies (his case), or who being questioned
on a fact duly stated by himself does not abide by it ; - Or who converses with the witnesses in a place
improper for such conversation ; or who declines to
answer a question, properly put, or leaves (the court) ; - Or who, being ordered to speak, does not
answer, or does not prove what he has alleged ; or
who does not know what is the first (point), and
what the second, fails in his suit. - Him also who says ( I have witnesses/ and,
- Instead of dcsyam, ‘(a witness) who was present (when the
loan was made,’ K., Ragh., Kull.), Medh., Gov., Nar., and Nand.
read de^am, ‘ (must point out) the place/
53-56. Yagn. II, 16.
- Medh., Gov., Nar., and Nand. read apadcram, ‘ a wrong or
impossible place,’ instead of adcryam, ‘a witness not present.’
Kull. reads according to the editions, ‘ adejyam/ but his explanation
agrees with the other reading. - Pramhitam, ‘ duly stated (by himself)/ (Kull., Nand.), i. e. ‘ in
the plaint’ (Gov.), means according to Ragh. and Nar. ‘duly
ascertained.’ - { Who does not know what is the first (point) and what is the
second/ i. e. ‘ what is the proof and what the matter to be proved’
(Kull., Ragh.), or ‘what ought to be said first and what later’
(Nar., Nand.).
264
LAWS OF MANU.
VIII, 58.
being ordered to produce them, produces them not,
the judge must on these (same) grounds declare to
be non-suited.
- If a plaintiff does not speak, he may be
punished corporally or fined according to the law ;
if (a defendant) does not plead within three fort-
nights, he has lost his cause. - In the double of that sum which (a defendant)
falsely denies or on which (the plaintiff) falsely de-
clares, shall those two (men) offending against
justice be fined by the king. - (A defendant) who, being brought (into court)
by the creditor, (and) being questioned, denies (the
debt), shall be convicted (of his falsehood) by at
least three witnesses (who must depose) in the pre-
sence of the Brahma^a (appointed by) the king. - I will fully declare what kind of men may be
made witnesses in suits by creditors, and in what
manner those (witnesses) must give true (evidence). - Householders, men with male issue, and indi-
genous (inhabitants of the country, be they) Ksha-
triyas, Vaiiyas, or .5udras, are competent, when
called by a suitor, to give evidence, not any persons
whatever (their condition may be) except in cases
of urgency. - ‘ If a plaintiff does not speak,’ i. e. ‘ after bringing a suit ‘
(Kull.). Corporal punishment is for heavy cases (Kull.). - Ya^n. II, 59.
- Thus Gov., Kull., Ragh., but the last words may also mean
1 in the presence of the king and of the Brahmawas.’
61-72. Ap.II, 29, 7; Gaut. XIII, 1-4; Vas. XVI, 28-30; Baudh.
1, 19, 13; Vi. VIII, 7-9 ; Y&gn. II, 68-72.
- Medh. and Nar. refer the expression ‘ not any person what-
ever (their condition may be),’ to such as volunteer to give evidence
without being summoned. The ‘ cases of urgency’ are those men-
tioned below, verse 69.
VIII, 66. CIVIL AND CRIMINAL LAW; DEBTS. 265
- Trustworthy men of all the (four) castes
(var/za) may be made witnesses in lawsuits, (men)
who know (their) whole duty, and are free from
covetousness ; but let him reject those (of an)
opposite (character). - Those must not be made (witnesses) who
have an interest in the suit, nor familiar (friends),
companions, and enemies (of the parties), nor (men)
formerly convicted (of perjury), nor (persons) suffer-
ing under (severe) illness, nor (those) tainted (by
mortal sin). - The king cannot be made a witness, nor
mechanics and actors, nor a 6Votriya, nor a student
of the Veda, nor (an ascetic) who has given up (all)
connexion (with the world), - Nor one wholly dependent, nor one of bad
fame, nor a Dasyu, nor one who follows forbidden - ■ Who have an interest in the suit’ (Nar.) means according
to Medh., Gov., Kull., and Ragh. ‘ connected by money, i. e. credi-
tors or debtors of the parties/ or according to Nand. ‘ men who
have received benefits from one of the parties.’ Sahaya, ■ compa-
nions,’ i.e. ‘ sureties and the like’ (Medh.), or ‘servants ‘(Kull., Nar.).
Dn’sh/adosha, ‘ men formerly convicted (of perjury),’ (Medh., Gov..,
Kull., Nar., Ragh., Nand.), may according to Medh. also mean ■ men
who have been convicted (of any serious offence).’ Men afflicted
with serious illnesses must not be made witnesses, because such
men are liable to become angry or to forget and thus to give false
evidence (Medh.). Dushita, ‘tainted/ i.e. by mortal crimes or
numerous smaller offences (Medh., Kull., Ragh.), means according
to Nar. and Nand. AbhLrastas, ■ those accused of such crimes.’ - Kuj-ilava, ‘ actors’ (Nar.), or ‘ dancers, musicians, and singers’
(Medh.), or ‘ actors and so forth’ (Gov., Kull.), or ‘ singers’ (Nand.).
A .Srotriya, or Brahmawa learned in the Vedas, cannot be made
a witness, because he has to attend to his studies and to the Agni-
hotra (Medh., Kull., Nar., Ragh., Gov., Nand.). The same remark
applies to the last two classes. Lihgastha, ‘ a student/ includes
according to Nar., Gov., Nand., Medh. also ‘ ascetics.’ - • One wholly dependent/ i. e.’ a slave by birth’ (Medh., Gov.,
266 LAWS OF MANU. VIII, 67.
occupations, nor an aged (man), nor an infant, nor
one (man alone), nor a man of the lowest castes, nor
one deficient in organs of sense,
- Nor one extremely grieved, nor one intoxi-
cated, nor a madman, nor one tormented by hunger
or thirst, nor one oppressed by fatigue, nor one
tormented by desire, nor a wrathful man, nor a
thief. - Women should give evidence for women, and
for twice-born men twice-born men (of the) same
(kind), virtuous ^udras for ,5udras, and men of the
lowest castes for the lowest. - But any person whatsoever, who has personal
knowledge (of an act committed) in the interior
apartments (of a house), or in a forest, or of (a crime
causing) loss of life, may give evidence between the
parties. - On failure (of qualified witnesses, evidence)
Kull., Nar., Ragh.). Vaktavya, ‘ one of bad fame/ may according
to Medh. also mean ‘one afflicted with leprosy or some other bad
disease.’ Dasyu, i. e. ‘a servant for wages’ (Medh., Gov., Ragh.),
or ‘a hard-hearted man’ (Medh.), or ‘an angry man’ (Kull.), or ‘a
murderer’ (Ragh.), or ‘ a low-caste man’ (Nand.). The term denotes,
however, properly the aboriginal robber-tribes, and probably includes
all those resembling them. ‘ One who follows forbidden occupa-
tions,’ i. e. ‘ a Brahmawa who has become a warrior or a trader and
the like’ (Medh.), or ‘ a butcher and the like’ (Nar.).
- Vas. XVI, 30. ■ Women should give evidence for women only
in cases between women or in matters concerning the female sex,
which they alone may be supposed to know’ (Medh., Gov., Kull.).
1 Twice-born men of the same kind,’ i. e. ‘ of the same caste’ (Kull.,
Nar., Nand.), or ‘of the same caste and equally virtuous’ (Gov.), or
‘ of the same place,’ or ‘ of the same caste, occupations, &c.’ (Medh.). - ‘Of (a crime causing) loss of life,’ i.e. ‘ of robberies, murders,
and the like’ (Medh., Gov., Kull.). - The rule refers to the cases mentioned in verse 69 (Gov.,
Kull.), or to the last only (Nar.).
VIII, 75- CIVIL AND CRIMINAL LAW; PROCEDURE. 267
may be given (in such cases) by a woman, by an
infant, by an aged man, by a pupil, by a relative, by
a slave, or by a hired servant.
- But the (judge) should consider the evidence
of infants, aged and diseased men, who (are apt to)
speak untruly, as untrustworthy, likewise that of
men with disordered minds. - In all cases of violence, of theft and adultery,
of defamation and assault, he must not examine the
(competence of) witnesses (too strictly). - On a conflict of the witnesses the king shall
accept (as true) the (evidence of the) majority; if
(the conflicting parties are) equal in number, (that
of) those distinguished by good qualities ; on a dif-
ference between (equally) distinguished (witnesses,
that of) the best among the twice-born. - Evidence in accordance with what has actually
been seen or heard, is admissible ; a witness who
speaks truth in those (cases), neither loses spiritual
merit nor wealth. ^-\ * u.
- A witness who deposes in an assembly of ! f.
honourable men (Arya) anything else but what he
has seen or heard, falls after death headlong into |
hell and loses heaven. - Vi. VIII, 39; Yagn. II, 78, 80. ‘The best of the twice-
born/ i. e. ‘ Brahmaraas’ (Gov., Nar.), or ‘ particularly distinguished
Brahmawas, who fulfil their sacred duties’ (Kull., Ragh.).
74-75. Ap. II, 29, 9-10; Gaut XIII, 7; Baudh. I, 19, 14-15;
Vas. XVI, 36; Vi. VIII, 13-14.
- ‘Nor wealth/ i.e. ‘he will not be fined.’
- ‘In an assembly of honourable men/ i.e. in court (Medh.),
or ‘ in an assembly of Brahmawas’ (Gov.). ‘And loses heaven/ i. e.
which he may have earned by good works (Medh., Gov., Kull.,
Nand.), or ‘ even after passing through hell, he cannot get into
heaven, because his merit is extinct’ (Nar.).
i
268 LAWS OF MANU. VIII, 76.
- When a man (originally) not appointed to be
a witness sees or hears anything and is (afterwards)
examined regarding it, he must declare it (exactly)
as he saw or heard it.
J J. One man who is free from covetousness may
J_ be (accepted as) witness ; but not even many pure
^PJ women, because the understanding of females ^js^
apt to waver, nor even many other men, who are
tainted with sin.
j8. What witnesses declare quite naturally, that
must be received on trials ; (depositions) differing
from that, which they make improperly, are worth-
less for (the purposes of) justice.
- The witnesses being assembled in the court
in the presence of the plaintiff and of the defendant,
let the judge examine them, kindly exhorting them
in the following manner : - ‘ What ye know to have been mutually trans-
acted in this matter between the two men before us,
declare all that in accordance with the truth ; for
ye are witnesses in this (cause). - ‘A witness who speaks the truth in his evi-
dence, gains (after death) the most excellent regions
(of bliss) and here (below) unsurpassable fame; such
testimony is revered by Brahman (himself). - ‘(Originally) not appointed (to be a witness)/ i.e. ‘not entered
as a witness in the document’ (Medh.), ‘ but accidentally present at
the transaction’ (Kull., Nar., Nand.). - ‘Quite naturally,’ i.e. ‘not out of compassion, in the belief of
gaining merit, or depending on women’ (Medh.), or ‘ not out of fear
and the like’ (Kull.), or ‘ without hesitation, quickly’ (Nar.). Gov.
and Nand. explain it ‘ in accordance with the truth/ - Gaut. XIII, 5.
80-101. Ap. II, 29, 9-10 ; Gaut. XIII, 14-22 ; Vas. XVI, 32-34 ;
Baudh. I, 19, 9-12 ; Vi. VIII, 19-37 ; Yigii. II, 73-75.
VIII, 88. CIVIL AND
jminal law; procedure. 269
)vfr
— 1
- ‘ He who gfives false evidence is firmly bound
by Varima’s fetters, helpless during one hundred
existences ; let (men therefore) give true evidence.
- ‘By truthfulness a witness is purified, through
truthfulness his merit grows ; truth must, therefore,
be spoken by witnesses of all castes (var/za). - ‘ The Soul itself is the witness of the Soul, and
the Soul is the refuge of the Soul ; despise not thy
own Soul, the supreme witness of men. - ‘ The wicked, indeed, say in their hearts, ” No-
body sees us;” but the gods distinctly see them and
the male within their own breasts. - ‘ The sky, the earth, the waters, (the male in)
the heart, the moon, the sun, the fire, Yama and the
wind, the night, the two twilights, and justice know
the conduct of all corporeal beings/
8 J. The (judge), being purified, shall ask in the
forenoon the twice-born (witnesses) who (also have
been) purified, (and stand) facing the north or the
east, to give true evidence in the presence of
(images of) the gods and of Brahma/zas.
- Let him examine a Brahma^a (beginning i
with) ‘ Speak,’ a Kshatriya (beginning with) ‘ Speak
the truth,’ a Vaisya (admonishing him) by (mention-
ing) his kine, grain, and gold, a .Sudra (threatening - ‘Varurca’s fetters/ i. e. ‘terrible snake -bonds or dropsy*
(Medh., Kull.). Gov. mentions the snake-bonds alone, and Ragh.
says that the verse threatens the punishment of hell. Dropsy is a
disease specially attributed to Varuwa, see Rig-vedaVII, 89, 1, and
the story of *Suna/$sepha, Ait. Brahm. VII, 15. The fetters of Varu/za
are mentioned as the punishment of liars, Atharva-veda IV, 16, 6. - l (The male in) the heart/ i. e. ‘ the male or spirit (purusha)
who resides in the human heart, clothed with a rudimentary body ‘
(Medh.), and similarly the other commentators. - ‘(Admonishing him) by (mentioning) his kine, grain, or gold/
i. e. ‘ threatening him with the guilt of all offences committed against
270
LAWS OF MANU.
VIII, 89.
pn
1
him) with (the guilt of) every crime that causes loss
of caste ;
- (Saying), ‘Whatever places (of torment) are
assigned (by the sages) to the slayer of a Brahma^a,
to the murderer of women and children, to him who
betrays a friend, and to an ungrateful man, those
shall be thy (portion), if thou speakest falsely. - ‘ (The reward) of all meritorious deeds which
thou, good man, hast done since thy birth, shall be-
come the share of the dogs, if in thy speech thou
departest from the truth. - ‘If thou thinkest, O friend of virtue, with re-
spect to thyself, ” I am alone,” (know that) that sage
who witnesses all virtuous acts and all crimes, ever
resides in thy heart. - ‘If thou art not at variance with that divine
Yama, the son of Vivasvat, who dwells in thy heart,
thou needest neither visit the Ganges nor the (land
of the) Kurus.
\\^ P 93- ‘ Naked and shorn, tormented with hunger
\WJr and thirst, and deprived of sight, shall the man who
J gives false evidence, go with a potsherd to beg food
at the door of his enemy.
- ‘ Headlong, in utter darkness shall the sinful
man tumble into hell, who being interrogated in a
judicial inquiry answers one question falsely. - ‘ That man who in a court (of justice) gives
an untrue account of a transaction (or asserts a fact)
of which he was not an eye-witness, resembles a
blind man who swallows fish with the bones. - ‘ The gods are acquainted with no better man
kine, &c.’ (Medh.), or ‘ with the guilt of the theft of kine, &c.’ (Gov.,
Kull., Ragh.), or ‘with the loss of his kine, &c/ (Nar.), or ‘ by making
him touch a cow, &c.’ (Nand.).
/
VIII, ioi. CIVIL AND CRIMINAL LAW; PROCEDURE. 271
in this world than him, of whom his conscious Soul
has no distrust, when he gives evidence.
- * Learn now, O friend, from an enumeration
in due order, how many relatives he destroys who
gives false evidence in several particular cases. - ‘He kills five by false testimony regarding
(small) cattle, he kills ten by false testimony re-
garding kine, he kills a hundred by false evidence
concerning horses, and a thousand by false evidence
concerning men. - ‘ By speaking falsely in a cause regarding
gold, he kills the born and the unborn; by false
evidence concerning land, he kills everything ; be-
ware, therefore, of false evidence concerning land. - ‘They declare (false evidence) concerning
water, concerning the carnal enjoyment of women,
and concerning all gems, produced in water, or con-
sisting of stones (to be) equally (wicked) as a lie
concerning land. - ‘Marking well all the evils (which are pro-
- Hanti, ‘destroys or kills,’ i. e. ‘ causes to fall into hell’ (Medh.,
Gov., Kull., Nar.), or ‘ causes to fall from heaven and to be reborn
in the wombs of animals’ (Ragh.). Medh. and Kull. (verse 99) give
another explanation of this expression, viz. ‘ incurs a guilt as great
as if he had killed them.’ - ‘ Men,’ i. e. ‘ slaves.’
- ‘Everything/ i.e. ‘everything animated’ (Gov., Kull), or
‘even more than a thousand’ (Nar., Ragh.). - ‘ Water,’ i. e. ‘ wells, tanks, &c.’ ‘ Gems produced in water,’
i. e. ‘ pearls, coral, &c.’
Verse 99 is placed by Nand. before verse 100, and some
others are inserted between and after them, but the confusion
is probably owing merely to clerical errors, as no commentary
is given.
- Aflgasa, ‘openly,’ means according to Gov. and Kull. ‘truly,’
according to Nar. ‘ quickly/
r
272 LAWS OF MANU. VIII, 102.
duced) by perjury, declare thou openly everything
as (thou hast) heard or seen (it).’
- Brahma^as who tend cattle, who trade, who
are mechanics, actors (or singers), menial servants
or usurers, the (judge) shall treat like 6udras. - In (some) cases a man who, though knowing
(the facts to be) different, gives such (false evidence)
from a pious motive, does not lose heaven ; such
(evidence) they call the speech of the gods. - Whenever the death of a 6udra, of a Vaisya,
of a Kshatriya, or of a Brahma^a would be (caused)
by a declaration of the truth, a falsehood may be
spoken ; for such (falsehood) is preferable to the
truth. - Such (witnesses) must offer to Sarasvati obla-
tions of boiled rice (/&aru) which are sacred to the god-
dess of speech, (thus) performing the best penance
in order to expiate the guilt of that falsehood. - Or such (a witness) may offer according to
the rule clarified butter in the fire, reciting the
Kushma^a texts, or the Rik, sacred to Vanma,
‘ Untie, O Varu/za, the uppermost fetter,’ or the
three verses addressed to the Waters. - A man who, without being ill, does not give
evidence in (cases of) loans and the like within three
fortnights (after the summons), shall become respon- - Vas. Ill, 1.
103-104. Gaut. XIII, 24-25 ; Vas. XVI, 36 ; Vi. VIII, 15 ; Y&gn.
II, 83.
- Nand. omits this verse.
105-106. Baudh. 1, 19, 16 ; Vi. VIII, 16 ; Y%n; II, 83.
- The Kushmarc^a texts are found Taitt. Ar. X, 3-5 ; the
verse addressed to Varu/za, Rig-vedal, 24, 15; and the three verses
addressed to the Waters, Rig-veda X, 9, 1-3. - Yag-w. II, 76.
VIII, H2. CIVIL AND CRIMINAL LAW; PROCEDURE. 273
sible for the whole debt and (pay) a tenth part of
the whole (as a fine to the king).
- The witness to whom, within seven days
after he has given evidence, happens (a misfortune
through) sickness, a fire, or the death of a relative,
shall be made to pay the debt and a fine. - If two (parties) dispute about matters for
which no witnesses are available, and the (judge)
is unable to really ascertain the truth, he may cause
it to be discovered even by an oath.
no. Both by the great sages and the gods oaths
have been taken for the purpose of (deciding
doubtful) matters ; and Vasish^a even swore an
oath before king (Sudas), the son of Pi^avana.
in. Let no wise man swear an oath falsely,
even in a trifling matter ; for he who swears an oath
falsely is lost in this (world) and after death.
- No crime, causing loss of caste, is committed
by swearing (falsely) to women, the objects of one’s
desire, at marriages, for the sake of fodder for a
cow, or of fuel, and in (order to show) favour to a
Brahma^a. - Y&gfi. II, 113.
- Gaut. XIII, 12-13; Vi. IX, 2-9. According to Medh.
japatha, ‘ oath,’ is used for the whole daiva anumana, ‘ divine proof/
and thus includes the ordeals.
1 10. Medh. and Gov. point out that the seven sages purified them-
selves by oaths when they mutually accused each other of a theft of
lotus-fibres (Mah. XIII, 93, 13 seqq.), and that Indra swore an oath
when he was accused of an intrigue with Ahalya, the wife of Gau-
tama. Vasish//$a finally cleared himself of the accusation which
Vii-vamitra brought against him before king Sudas, that he was a
Rakshasa and had devoured his hundred sons (Medh., Gov., Kull.,
Nar., Ragh., Nand.). See Sayawa on Rig-veda VII, 104, and espe-
cially on verse 15, which is considered to contain the oath sworn.
- Gaut. XXIII, 29 ; Vas. XVI, 35. < Fuel/ i. e. ‘ for a burnt-
[25] T
4
ti
t
274 LAWS OF MANU. VIII, 113.
- Let the (judge) cause a Brahma^a to swear
by his veracity, a Kshatriya by his chariot or the
animal he rides on and by his weapons, a Vaisya by
his kine, grain, and gold, and a .Sudra by (impre-
cating on his own head the guilt) of all grievous
offences (pataka). - Or the (judge) may cause the (party) to
carry fire or to dive under water, or severally to
touch the heads of his wives and children. - He whom the blazing fire burns not, whom
the water forces not to come (quickly) up, who meets
with no speedy misfortune, must be held innocent on
(the’strength of) his oath. - For formerly when Vatsa was accused by his
younger brother, the fire, the spy of the world,
burned not even a hair (of his) by reason of his
veracity.
1 1 7. Whenever false evidence has been given in
any suit, let the (judge) reverse the judgment, and
whatever has been done must be (considered as)
undone.
oblation’ (Medh., Gov., Kull., Nar.). In the last cases the sacredness
of the purpose excuses the crime.
- The Kshatriya and VaLsya must touch the things men-
tioned, and say, ‘May they become useless to me!’ (Medh., Gov.,
Kull.) - This verse refers, as the commentators assert, to the two
ordeals described by Vi. XI-XII, and Yagn. II, 103-109. Medh.,
Gov., and Kull. assert that ordeals are to be used in particularly
important cases only; see also Vi. IX, 10-14. - Maitreya, the step-brother of Vatsa, accused the latter of
being the offspring of a *Sudra woman. In order to prove the
falseness of this allegation, Vatsa passed through a fire (Medh.,
Gov., Kull., Nar., Ragh.). I read spa^a^ instead of sprwa^. - Vi. VIII, 40. ‘Fines imposed must be remitted’ (Gov.,
Kull., Nar.).
VIII, 124. CIVIL AND CRIMINAL LAW; PROCEDURE. 275
- Evidence (given) from covetousness, distrac-
tion, terror, friendship, lust, wrath, ignorance, and
childishness is declared (to be) invalid. - I will propound in (due) order the particular
punishments for him who gives false evidence from
any one of these motives. - (He who commits perjury) through covetous-
ness shall be fined one thousand (pa/zas), (he who
does it) through distraction, in the lowest amerce-
ment ; (if a man does it) through fear, two middling
amercements shall be paid as a fine, (if he does it)
through friendship, four times the amount of the
lowest (amercement). - (He who does it) through lust, (shall pay)
ten times the lowest amercement, but (he who does
it) through wrath, three times the next (or second
amercement); (he who does it) through ignorance,
two full hundreds, but (he who does it) through
childishness, one hundred (pa^as). - They declare that the wise have prescribed
these fines for perjury, in order to prevent a failure
of justice, and in order to restrain injustice. - But a just king shall fine and banish (men
of) the three (lower) castes (vama) who have given
false evidence, but a Brahma^a he shall (only)
banish. - Manu, the son of the Self-existent (Svayam-
bhu), has named ten places on which punishment
1 19-123. Yagn. II, 81.
- Regarding the three amercements, see below, verse 138.
- Vivasayet, ‘he shall (only) banish’ (Kull., Nar., Ragh.,
Nand.), means according to Medh. • he shall deprive him of his
clothes or of his house.’ Gov. gives Medh/s first explanation only. - Ap. II, 27; 8, 17-19 ; Gaut. XII, 46-47; Vi. V, 2-8.
T 2
276
LAWS OF MANU.
VIII, 125.
may be (made to fall) in the cases of the three
(lower) castes (var/za) ; but a Brahma^a shall depart
unhurt (from the country).
- (These are) the organ, the belly, the tongue,
the two hands, and fifthly the two feet, the eye, the
nose, the two ears, likewise the (whole) body. - Let the (king), having fully ascertained the
motive, the time and place (of the offence), and
having considered the ability (of the criminal to
suffer) and the (nature of the) crime, cause punish-
ment to fall on those who deserve it. - Unjust punishment destroys reputation
among men, and fame (after death), and causes
even in the next world the loss of heaven ; let him,
therefore, beware of (inflicting) it. - A king who punishes those who do not
deserve it, and punishes not those who deserve it,
brings great infamy on himself and (after death)
sinks into hell. - Let him punish first by (gentle) admonition,
afterwards by (harsh) reproof, thirdly by a fine, after
that by corporal chastisement.
1 30. But when he cannot restrain such (offenders)
even by corporal punishment, then let him apply to
them even all the four (modes conjointly).
- Those technical names of (certain quantities
of) copper, silver, and gold, which are generally used - Gaut. XII, 51 ; Yagii. I, 367. Anubandham, ‘the motive,’
includes according to Gov. and Kull. also ‘ the frequency of the
offence.’ Nar. gives the latter meaning alone. Nand. reads
aparadham, ‘the offence.’ Instead of saraparadhau Nand. reads
sarasaram, ‘ the strength or weakness (of the offender).’
127-128. Yagn. I, 356; Vi. XIX, 43.
129-130. Yagn. I, 366.
1 31-138. Vi. IV, 1-14 ; Y&gn. I, 361-365.
VIII, 139. CIVIL AND CRIMINAL LAW; PROCEDURE. 2; J
on earth for the purpose of business transactions
among men, I will fully declare.
- The very small mote which is seen when
the sun shines through a lattice, they declare (to be)
the least of (all) quantities and (to be called) a tra-
sare^u (a floating particle of dust). - Know (that) eight trasare/ms (are equal) in
bulk (to) a liksha (the egg of a louse) , three of those
to one grain of black mustard (ra^asarshapa), and
three of the latter to a white mustard-seed.
1 34. Six grains of white mustard are one middle-
sized barley-corn, and three barley-corns one kri-
sh^ala (raktika, or gu%”a-berry) ; five krzsh^alas
are one masha (bean), and sixteen of those one
suvar^a.
- Four suvar^as are one pala, and ten palas
one dhara^a ; two krzsh#alas (of silver), weighed to-
gether, must be considered one mashaka of silver. - Sixteen of those make a silver dhara/za, or
pura/za ; but know (that) a karsha of copper is a
karshapa/za, or pa^a. - Know (that) ten dhara^as of silver make one
i-atamana ; four suvar/zas must be considered (equal)
in weight to a nishka. - Two hundred and fifty pa/zas are declared
(to be) the first (or lowest) amercement, five (hun-
dred) are considered as the mean (or middlemost),
but one thousand as the highest. - A debt being admitted as due, (the defendant)
- The ktt’sh«ala or raktika (ratti) is still used by jewellers and
goldsmiths. It corresponds to 0.122 grammes, or 1.875 grains. - A karsha = i6 mashas=8o krzshwalas.
- Vi. VI, 20-21; Yagii. II, 42. According to Nar. ‘some’
only have this verse.
278 LAWS OF MANU. VIII,
shall pay five in the hundred (as a fine), if it be
denied (and proved) twice as much ; that is the
teaching of Manu.
- A money-lender may stipulate as an increase
of his capital, for the interest, allowed by Vasish/^a,
and take monthly the eightieth part of a hundred. - Or, remembering the duty of good men, he
may take two in the hundred (by the month), for
he who takes two in the hundred becomes not a
sinner for gain. - Just two in the hundred, three, four, and
five (and not more), he may take as monthly interest
according to the order of the castes (varaa). - But if a beneficial pledge (i.e. one from
which profit accrues, has been given), he shall
receive no interest on the loan ; nor can he, after
keeping (such) a pledge for a very long time, give
or sell it. - Gaut. XII, 29; Y&gri. II, 37. The rule occurs in our
Vasish^a Dharnmastra II, 51. The amount is fifteen per cent
per annum. According to Kull. (on verse 141), Nar., Ragh., and
Nand. this rule refers to a debt secured by a pledge, and the cor-
rectness of this view is proved by the parallel passage of Y&gn.
141-142. Vas. II, 48; Vi. VI, 2 ; Yign. II, 37. This rule refers,
according to the same commentators, to unsecured loans. A
Brahma^a is to pay two per cent per month, a Kshatriya three,
a Vawya four, and a -Sudra five. Med. and Gov. think that the rule
refers to cases where the creditor is unable to live on the smaller
interest.
- Gaut. XII, 32 ; Vi. VI, 5. ‘ A beneficial pledge,’ i.e. ‘ land,
cattle, slaves, &c.’ According to Medh., Gov., and Nar., the last
clause refers to pledges which are not used. But Kull. objects
that this is contrary to the common practice of the -Sish/as, and
Ragh. refers to Yagn. II, 58, where it is clearly stated that beneficial
pledges only are never lost, while those which are merely kept are
lost when the original debt is doubled by unpaid interest.
VIII, 149- CIVIL AND CRIMINAL LAW; DEBTS. 279
- A pledge (to be kept only) must not be used
by force, (the creditor), so using it, shall give up his
(whole) interest, or, (if it has been spoilt by use) he
shall satisfy the (owner) by (paying its) original
price ; else he commits a theft of the pledge. - Neither a pledge nor a deposit can be lost
by lapse of time ; they are both recoverable, though
they have remained long (with the bailee). - Things used with friendly assent, a cow, a
camel, a riding-horse, and (a beast) made over for
breaking in, are never lost (to the owner). - (But in general) whatever (chattel) an owner
sees enjoyed by others during ten years, while,
though present, he says nothing, that (chattel) he
shall not recover. - If (the owner is) neither an idiot nor a minor
and if (his chattel) is enjoyed (by another) before his
eyes, it is lost to him by law ; the adverse possessor
shall retain that property. - A pledge, a boundary, the property of in-
fants, an (open) deposit, a sealed deposit, women,
the property of the king and the wealth of a ^rotriya
are not lost in consequence of (adverse) enjoyment. - Vi. VI, 5 ; Y&gii. II, 59. According to Medh. clothes, &c,
are meant ; according to Kull. and Ragh. clothes, ornaments, &c. ;
according to Nar. beds and so forth. Nar. thinks that the expression
1 the value ‘ refers to the profit made by the use of the pledge. - Vi.VI, 7-8; Y&gn. II, 58. According to Medh. the pledge
spoken of here is ‘ a pledge for keeping which is forcibly used.’
Upanidhi, ‘a deposit,’ means according to Medh., Gov., Kull. (who
however refers the term also to deposits), Ragh., and Nand. ‘ any-
thing lent to another out of friendship;’ according to Nar. ‘an
additional pledge, given subsequently, in order to complete the
security for the loan/
147-148. Gaut. XII, 37; Vas. XVI, 16-17; Yag^. II, 24.
- Vas. XVI, 18 ; Gaut. XII, 38-39 ; Yzgn. II, 25. « Women/
2 SO LAWS OF MANU. VIII, 150.
- The fool who uses a pledge without the per-
mission of the owner, shall remit half of his interest,
as a compensation for (such) use. - In money transactions interest paid at one
time (not by instalments) shall never exceed the
double (of the principal) ; on grain, fruit, wool or
hair, (and) beasts of burden it must not be more than
five times (the original amount). - Stipulated interest beyond the legal rate,
being against (the law), cannot be recovered ; they
call that a usurious way (of lending) ; (the lender)
is (in no case) entitled to (more than) five in the
hundred. - Let him not take interest beyond the year,
nor such as is unapproved, nor compound interest,
periodical interest, stipulated interest, and corporal
interest.
i.e. ‘female slaves and the like.’ Ragh. adds that their offspring is
not lost to the owner. Upanidhi^, ‘ a sealed deposit’ (Gov., Kull.,
Nar., and Ragh.).
- According to the commentators this is the consequence,
resulting from the secret unpermitted use of a pledge in ordinary
cases, while the loss of the whole interest ensues in the case of a
forcible use in contravention of a special prohibition. - Gaut. XII, 31, 36; Vi. VI, 11-15; Y&gri. II, 39. The
interest here intended is such which is not paid by instalments,
but becomes due together with the principal. According to the
commentators, the whole sum payable, i.e. the interest together
with the principal, shall not exceed the double of the sum lent, or,
in the special cases mentioned, five times that amount. - According to Gov. and Nar. this verse entitles the money-
lender to take five per cent from Aryans, not from *Sudras only. - Gaut. XII, 30, 34-35. ‘A creditor may take for the term
of a year interest which has been settled by the following agree-
ment, ” When one, two, or three months have passed, the interest
on the (capital) shall be calculated and be paid to me at one time ;”
but he shall not take the interest according to the agreement after
VIII, 156. CIVIL AND CRIMINAL LAW ; DEBTS. 28 1
- He who, unable to pay a debt (at the fixed
time), wishes to make a new contract, may renew the
agreement, after paying the interest which is due. - If he cannot pay the money (due as interest),
he may insert it in the renewed (agreement) ; he
must pay as much interest as may be due. - He who has made a contract to carry goods
by a wheeled carriage for money and has agreed to a
certain place or time, shall not reap that reward, if he
does not keep to the place and the time (stipulated).
a year has passed’ (Kull., Ragh.). According to Gov. this clause
means, * If (the creditor) does not take the money (due) for two or
three years and (the debtor) pays then, (the creditor) shall not take
more interest than for one year.’ Nar. says, ‘ atisawvatsarim (” be-
yond the year “) means that (interest) which after the lapse of one
year only is redundant,’ i.e. ‘exceeds that which has been doubled’
(see verse 151). Adrzsh/am, ‘unapproved,’ i.e. ‘ in the law-books’
(Kull., Ragh), or ‘in the law-books and in daily life’ (Nand.),
means according to Medh. and Gov. anupa&tam, ‘ which has not
accumulated,’ i. e. ‘ which is taken for one, two, or three days.’ Nar.
agrees with the latter view. Kalavrz’ddhi^, ‘periodical interest,’ i. e.
‘monthly interest’ (Gov., Nar.), or ‘interest in contravention of
verse 151 ‘ (Kull., Ragh.). Karita, ‘ stipulated interest/ i.e. ‘an illegal
rate of interest, or interest which runs on after the principal has
been doubled, agreed to by the debtor on account of distress’
(Medh., Gov., Nar., Kull., Ragh.). Kayika, ‘ corporal interest,’ i. e.
‘ to be paid by bodily labour or by the use of the body of a pledged
animal or slave’ (Medh.). Kull., Ragh., and Nand. give the
second explanation. According to ‘ some,’ quoted by Medh. and
Nar., the last four kinds of interest are not forbidden. Medh. and
Gov. think all or some of them are permissible for merchants. See
also for the explanation of the terms, Gaut. XII, 34-35, notes ; and
Colebrooke I, Digest 35-45.
- Kara^a, ‘the agreement,’ i.e. ‘the written bond’ (Kull.,
Ragh.), or ‘ the written bond and so forth ‘ (Gov., Nar.). According
to the latter two, with whom Medh. seems to agree, kara^a may
also refer to a verbal agreement before witnesses. - ‘ Pay,’ i. e. promise to pay in the new agreement.
- Thus Medh., Gov., Kull., and Ragh. But Nar. and Nand.
282 LAWS OF MANU. VIII, 157.
- Whatever rate men fix, who are expert in
sea-voyages and able to calculate (the profit) accord-
ing to the place, the time, and the objects (carried),
that (has legal force) in such cases with respect to
the payment (to be made). - The man who becomes a surety in this
(world) for the appearance of a (debtor), and pro-
duces him not, shall pay the debt out of his own
property. - But money due by a surety, or idly pro-
mised, or lost at play, or due for spirituous liquor,
or what remains unpaid of a fine and a tax or
duty, the son (of the party owing it) shall not be
obliged to pay. - This just mentioned rule shall apply to
the case of a surety for appearance (only) ; if a
surety for payment should die, the (judge) may
compel even his heirs to discharge the debt. - On what account then is it that after the
death of a surety other than for payment, whose
explain £akravr*’ddhi, ‘ a contract to carry goods by a wheeled car-
riage,’ by ‘ compound interest;’ and Medh. on verse 157 mentions
this opinion too.
- The expression ‘in sea-voyages’ includes voyages by land
(Medh., Gov., Kull., Ragh.), or all voyages (Nar.). The commen-
tators, who explain the preceding verse as referring to compound
interest, explain this to mean that merchants trading by sea must
pay any rate of interest for money borrowed which experts may fix
(see Y&gn. II, 38). The others, of course, understand by ‘ the rate’
(vrz’ddhi) the carrier’s or shipowner’s wages.
158-160. Gaut. XII, 42; Vi. VI, 41 ; Yagn. II, 47, 53-54.
- ‘Idly promised,’ i.e. ‘to clowns and so forth’ (Kull.), or
‘to bards and the like’ (Nar.), or ‘not for a religious purpose, but
to singers and the like’ (Nand.), or ‘in jest, to bards and the like’
(R&gh.), or ‘ a pour-boire and the like’ (Gov.). - ‘Whose affairs are fully known,’ i. e. ‘ the cause for which
VIII, i66. CIVIL AND CRIMINAL LAW; DEBTS. 283
affairs are fully known, the creditor may (in some
cases) afterwards demand the debt (of the heirs) ?
- If the surety had received money (from him
for whom he stood bail) and had money enough (to
pay), then (the heir of him) who received it, shall
pay (the debt) out of his property ; that is the
settled rule. - A contract made by a person intoxicated, or
insane, or grievously disordered (by disease and so
forth), or wholly dependent, by an infant or very
aged man, or by an unauthorised (party) is invalid. - That agreement which has been made con-
trary to the law or to the settled usage (of the
virtuous), can have no legal force, though it be
established (by proofs). - A fraudulent mortgage or sale, a fraudulent
gift or acceptance, and (any transaction) where he
detects fraud, the (judge) shall declare null and
void. - If the debtor be dead and (the money bor-
rowed) was expended for the family, it must be paid
by the relatives out of their own estate even if
they are divided.
he became a surety (e. g. for appearance or good behaviour) being
fully known ‘ (Nar., Ragh.).
- Ala^zdhana^, ‘ had money enough (to pay),’ i.e. ‘had received
a sum equal to the loan contracted by him for whose appearance
he stood surety’ (Medh., Gov., Kull., Nar.). According to Ragh.
the adjective refers to the heir, and means ‘ if he has money enough
to pay.’ Nand. reads alakshita^, ‘if a surety who received money
be not found’ (i. e. has died or disappeared, &c). - Y%n. II, 32.
- ‘The sale of wife and children, giving away one’s whole
property, though one may have issue’ (Medh.). - Vi. VI, 39 ; Yagii. II, 45. The meaning is, as Nand. points
out, that if a debt was contracted for the benefit of a united family,
284 LAWS OF MANU. VIII, 167.
- Should even a person wholly dependent
make a contract for the behoof of the family, the
master (of the house), whether (living) in his own
country or abroad, shall not rescind it. - What is given by force, what is enjoyed by
force, also what has been caused to be written by
force, and all other transactions done by force, Man
has declared void. - Three suffer for the sake of others, witnesses,
a surety, and judges ; but four enrich themselves
(through others), a Brahma^a, a money-lender, a
merchant, and a king. - No king, however indigent, shall take any-
thing that ought not to be taken, nor shall he,
“
1
it must be repaid by the members of the family, though they may
have separated afterwards.
- Adhyadhina^, ‘ a person wholly dependent,’ i. e. ‘ a servant
(Nar.), or ‘ a slave’ (Kull), or ‘ the youngest (brother) or one in a
similar position’ (Ragh.). Gov. reads va instead of api, and for
vi/fcalayet (Medh., Kull., Ragh.) or vi£arayet (Nand.), vilambayet ;
and with this reading the translation must be, ‘or one wholly
dependent, who makes a contract for the sake of the family, must
wait for (the arrival of) the master of the house, whether he be at
home or abroad/ - Vi.VII,6;Ya^.II,89.
- Kulam, ‘the judges’ (Medh., Gov., Kull.), has, according to
Nar., Nand., and Ragh., its usual meaning, ‘ the family.’ Nar. and
Nand. say that the undivided relatives have to suffer by paying the
debts of a deceased coparcener ; and Ragh. explains the sufferings
of a family by the ruin caused through a bad son. Medh., Gov.,
and Kull. state that the object of the verse is to inculcate that men
must not be forced to become witnesses and so forth against their
will, and that Brahmawas, &c, must not force others to those trans-
actions from which they gain advantages, e. g. to lawsuits. (Ragh.
similarly.) Nar. takes the first half as a warning not to become a
witness or surety or to remain undivided. - Vas. XIX, 14-15.
VIII, 177- CIVIL AND CRIMINAL LAW; DEBTS. 285
however wealthy, decline taking that which he ought
to take, be it ever so small.
- In consequence of his taking what ought not
to be taken, or of his refusing what ought to be
received, a king will be accused of weakness and
perish in this (world) and after death. - By taking his due, by preventing the con-
fusion of the castes (var^a), and by protecting the
weak, the power of the king grows, and he prospers
in this (world) and after death. - Let the prince, therefore, like Yama, not
heeding his own likings and dislikings, behave
exactly like Yama, suppressing his anger and con-
trolling himself. - But that evil-minded king who in his folly
decides causes unjustly, his enemies soon subjugate. - If, subduing love and hatred, he decides
the causes according to the law, (the hearts of) his
subjects turn towards him as the rivers (run) towards
the ocean. - (The debtor) who complains to the king
that his creditor recovers (the debt) independently
(of the court), shall be compelled by the king to
pay (as a fine) one quarter (of the sum) and to his
(creditor) the money (due). - Even by (personal) labour shall the debtor
make good (what he owes) to his creditor, if
he be of the same caste or of a lower one ; but - ‘For if a king takes from his subjects what he ought not
to take, they will say, ” He fines us, because he is unable to over-
come the vassals, neighbours, and the forest tribes (and to obtain
money from them),”‘ Medh. - Vi. VI, 19. See above, verses 49-50.
- The last clause refers to Brahmawas (Medh., Kull., Ragh.).
286 LAWS OF MANU. VIII, 178
a (debtor) of a higher caste shall pay it gradually
(when he earns something).
- According to these rules let the king equit-
ably decide between men, who dispute with each
other the matters, which are proved by witnesses
and (other) evidence. - A sensible man should make a deposit
(only) with a person of (good) family, of good con-
duct, well acquainted with the law, veracious, having
many relatives, wealthy, and honourable (arya). - In whatever manner a person shall deposit
anything in the hands of another, in the same
manner ought the same thing to be received back
(by the owner) ; as the delivery (was, so must be)
the re-delivery. - He who restores not his deposit to the
depositor at his request, may be tried by the judge
in the depositor’s absence. - On failure of witnesses let the (judge) actu-
ally deposit gold with that (defendant) under some
pretext or other through spies of suitable age and
appearance (and afterwards demand it back). - If the (defendant) restores it in the manner
and shape in which it was bailed, there is nothing - Pratyaya, ‘(other) evidence/ i.e. ‘by inference and divine
proof (Medh.), or ‘by inference, oaths, and so forth’ (Gov.), or
‘ by oaths’ (Nar., Nand.). - Ya^n. II, 65. See also below, verse 195. Nand. omits
184, and places the other verses as follows: 180, 195, 188 b,
185, 186, 189, 194, 187, 188 a, 181, 182, 183, 196, 190, 191,
192, 193.
- The order of the verses referring to the trial of the bailee, is
according to Gov. 181, 183, 184, 182, and according to Nar. 181,
183, 182, 184.
1
VIII, 189. CIVIL AND CRIMINAL LAW ; DEPOSITS. 287
(of that description) in his hands, for which others
accuse him.
- But if he restores not that gold, as he ought,
to those (spies), then he shall be compelled by force to
restore both (deposits) ; that is a settled rule of law. - An open or a sealed deposit must never be
returned to a near relative (of the depositor during
the latter’s lifetime) ; for if (the recipient) dies (with-
out delivering them), they are lost, but if he does not
die, they are not lost. - But (a depositary) who of his own accord
returns them to a near relative of a deceased
(depositor), must not be harassed (about them) by
the king or by the depositors relatives. - And (in doubtful cases) he should try to
obtain that object by friendly means, without (having
recourse to) artifice, or having inquired into the
(depositary’s) conduct, he should settle (the matter)
with gentle means. - Such is the rule for obtaining back all those
open deposits ; in the case of a sealed deposit (the
depositary) shall incur no (censure), unless he has
taken out something. - (A deposit) which has been stolen by thieves
- Pratyanantare, ‘to a near relative,’ i. e. ‘to his son, brother,
or wife’ (Medh.). - According to Nar., this verse refers to cases when one
believes a deposit to be with another, but has not made it over
oneself; according to Gov. and Kull., to cases where there may be
an error. Gov. and Kull. think that the person who should act in
the manner described is the king, and they explain anvikk/iet, ‘ one
should try to obtain,’ by { he should decide.’ Nar. and Ragh., on
the other hand, think that the depositor should act thus. The former
explanation is perhaps preferable. - Y&gn. II, 66,
i9o.
288 LAWS OF MANU. VIII,
or washed away by water or burned by fire, (the
bailee) shall not make it good, unless he took part of
it (for himself).
- Him who appropriates a deposit and him
(who asks for it) without having made it, (the judge)
shall try by all (sorts of) means, and by the oaths
prescribed in the Veda. - He who does not return a deposit and he
who demands what he never bailed shall both be
punished like thieves, or be compelled to pay a fine
equal (to the value of the object retained or claimed). - The king should compel him who does not
restore an open deposit, and in like manner him who
retains a sealed deposit, to pay a fine equal (to its
value). - That man who by false pretences may
possess himself of another’s property, shall be pub-
licly punished by various (modes of) corporal (or
capital) chastisement, together with his accomplices. - ‘ By all (sorts of) means/ i. e. ‘ by the four expedients, kind-
ness and so forth’ (Gov., Kull., Ragh.), or ‘by spies and so forth’
(Nar.), or ‘by blows, imprisonment, and so forth’ (Medh.). ‘By
the oaths prescribed in the Veda,’ i. e. ‘ by the ordeals, such as
carrying fire’ (Gov., Kull., Nar.). Nar. quotes a passage of the
Veda, in which it is prescribed that the accused shall take hold of
a hot axe. - Vi.V, 1 69- 1 7 1. The former punishment, which consists
of mutilation and other corporal punishments (Medh., Nar., Ragh.),
or the highest amercement and the like (Gov.), shall be inflicted on
others than Brahmawas in particularly bad cases and for a repetition
of the offence (Medh., Gov., Kull., Nar., Ragh.). - Medh., Gov., and Kull. refer this rule to first offences. Nar.
takes avweshewa, ‘ in like manner,’ to mean ‘ without making a dis-
tinction on account of the caste of the offender.’ Medh. explains
upanidhi, ‘ a sealed deposit,’ by ‘ an object lent in a friendly
manner.’ - ‘By false pretences,’ i. e. ‘by frightening others with the
VIII, 198. DEPOSITS J SALE WITHOUT OWNERSHIP. 289
- If a deposit of a particular description or
quantity is bailed by anybody in the presence of a
number (of witnesses), it must be known to be of
that particular (description and quantity ; the de-
positary) who makes a false statement (regarding
it) is liable to a fine. - But if anything is delivered or received
privately, it must be privately returned ; as the
bailment (was, so should be) the re-delivery. - Thus let the king decide (causes) concern-
ing a deposit and a friendly loan (for use) without
showing (undue) rigour to the depositary. - If anybody sells the property of another
man, without being the owner and without the
assent of the owner, the (judge) shall not admit him
who is a thief, though he may not consider himself
as a thief, as a witness (in any case). - If the (offender) is a kinsman (of the owner), he
shall be fined six hundred pa^as ; if he is not a kins-
man, nor has any excuse, he shall be guilty of theft.
king’s anger, by promising to obtain for them favours from the
king, or the love of a maiden, and so forth’ (Medh.). ‘By (various)
modes of corporal chastisement,’ i. e. ‘ by cutting off his hands, feet,
or his head, &c.’ (Gov., Kull., Ragh.), or ‘ by decapitating or impaling
the offender, or having him trampled to death by elephants, and so
forth’ (Medh.).
- I. e. the witnesses must- be examined regarding it, and their
evidence is conclusive. - This conclusion makes it somewhat doubtful if the term
upanidhi, which occurs verses 185 and 191, and has been translated
by ‘a sealed deposit’ in accordance with the opinion of most
commentators, has really that meaning. - ‘Any excuse/ e.g. ‘that he received it as a present, or
bought it from the son or other relative of the owner, and so forth ‘
(Gov., Kull.). Nar. reads anavasare, ‘ and buys at an improper
(time or place)/
D»6] u
290 LAWS OF MANU. VIII, 199.
- A gift or sale, made by anybody else but
the owner, must be considered as null and void,
according to the rule in judicial proceedings. - Where possession is evident, but no title
is perceived, there the title (shall be) a proof (of
ownership), not possession ; such is the settled rule. - He who obtains a chattel in the market
before a number (of witnesses), acquires that chattel
with a clear legal title by purchase. - If the original (seller) be not producible,
(the buyer) being exculpated by a public sale,
must be dismissed by the king without punish-
ment, but (the former owner) who lost the chattel
shall receive it (back from the buyer). - One commodity mixed with another must
not be sold (as pure), nor a bad one (as good), nor
less (than the proper quantity or weight), nor any-
thing that is not at hand or that is concealed. - Nand. omits this verse, and inserts instead, ‘ He who igno-
rantly makes a sale without ownership shall be punished according
to the above rule (i. e. be fined) ; but he who does it knowingly
shall be punished like a thief.’ Nar. has no trace of verse 199, but
quotes the beginning of the verse just translated (anena vidhineti). - Nand. places this verse after 202.
201-202. Vi. V, 164-166; YSgfi. II, 168-170. - Thus Medh., Kull., Nar., and Ragh. (Kull., however, taking
.rodhita, ‘exculpated/ in the sense of ni^ita,’ determined.’) But Gov.
takes the first part differently. ‘If the price cannot be produced by
him (the seller) — because he has gone to another country — then the
buyer must not be punished by the king, being held to be guiltless
on account of the open sale, in accordance with the rule of the pre-
ceding verse ; ‘ similarly Nand. The difference is caused thereby that
Gov. apparently objects to the explanation of mulam (mulyam,
Nand.) by ‘the original (seller).’ According to Kull. the buyer
receives half the value from the original owner. - Yagn. II, 245. ‘ Concealed,’ i.e. ‘in a cloth’ (Medh., Nar.), or
‘in the earth ‘(Nand.), or ‘covered with paint’ (Gov., Kull., Ragh.).
VIII, 209. CONCERNING PARTNERS. 29 1
- If, after one damsel has been shown, another
be given to the bridegroom, he may marry them both
for the same price ; that Manu ordained. - He who gives (a damsel in marriage), having
first openly declared her blemishes, whether she be
insane, or afflicted with leprosy, or have lost her
virginity, is not liable to punishment. - If an officiating priest, chosen to perform a
sacrifice, abandons his work, a share only (of the
fee) in proportion to the work (done) shall be given
to him by those who work with him. - But he who abandons his work after the
sacrificial fees have been given, shall obtain his full
share and cause to be performed (what remains) by
another (priest). - But if (specific) fees are ordained for the
several parts of a rite, shall he (who performs the
part) receive them, or shall they all share them ? - The Adhvaryu priest shall take the chariot,
and the Brahman at the kindling of the fires (Agnya-
dhana) a horse, the Hotri priest shall also take a
horse, and the Udgatrz the cart, (used) when (the
Soma) is purchased. - This rule is rather astonishing after what has been said, III,
51-54, regarding the sale of daughters, and it proves that, in spite
of all directions to the contrary, wives were purchased in ancient
India as frequently as in our days. - Y&gii. II, 265. ‘After the sacrificial fees have been given,’
i.e. ‘at the midday oblation and so forth’ (Medh., KulL, Gov.).
According to Medh. the sacrificer is to pay the substitute, according
to the other commentators the priest who receives the fee. - Medh. mentions that specific fees are prescribed at the Rag-a-
suya and similar sacrifices; see Ajv.-Srauta-sutralX, 3, 14-15; 4, 7-20. - According to Medh. and Kull. all the three first-mentioned
gifts are given according to the precepts of some -Sakh&s at the
Agnyadhana, the kindling of the fires. But Gov. says that the
U 2
292 LAWS OF MANU. VIII,
- The (four) chief priests among all (the six-
teen), who are entitled to one half, shall receive a
moiety (of the fee), the next (four) one half of that,
the set entitled to a third share, one third, and those
entitled to a fourth a quarter.
2i i. By the application of these principles the
allotment of shares must be made among those men
who here (below) perform their work conjointly.
- Should money be given (or promised) for a
pious purpose by one man to another who asks for
it, the gift shall be void, if the (money is) afterwards
not (used) in the manner (stated). - But if the (recipient) through pride or greed
tries to enforce (the fulfilment of the promise), he
shall be compelled by the king to pay one suvar^a
as an expiation for his theft. - Thus the lawful subtraction of a gift has
Brahman priest receives a swift horse at the Agnyadhana, and
Nar. adds that the Hotrz’ receives a horse at the £yotish/oma.
- The four classes of priests, regarding whose functions see
Max Miiller, History Anc. Sansk. Lit., p. 468 seqq., are : 1. Hotrz’,
Adhvaryu, Brahman, Udgatrz; 2. Maitravaruraa, Pratiprasthatrz’,
Brahma«a/^awsin, Prastotn’; 3. A/£/£Mvaka, Nesh/rz’, Agnidhra,
Pratihartrz’; 4. Potrz’, Subrahma^yd, Gravash/ut, Netrz. Medh. gives
the total as 112, and the shares as 56, 28, 16, 12 ; Gov., Kull., Nar.,
and Ragh. the total as 100, and the shares as 48, 24, 16, 8. But
Nand. says that the total of the fee, whatever it may be, shall be
divided into 25 shares, and the several classes shall receive 12, 6,
4, and 3 such shares respectively. See also Asv. £rauta-sutra IX,
4> 3~5- The rule, given in this verse, applies to all ordinary cases. - Yagri. II, 259, 265. I.e. each is to be paid according to
the amount of work which he performs. - ‘For a pious purpose,’ i.e. ‘for a sacrifice or a wedding’
(Medh.). - Sawsadhayet, ‘ tries to enforce (the fulfilment of the promise),’
i. e. ‘ by a complaint before the king’ (Medh.), or ‘ tries to obtain the
money forcibly or refuses to return it’ (Kull., Ragh., Gov.).
I
VIII, 220. NON-PAYMENT OF WAGES. 293
been fully explained ; I will next propound (the law
for) the non-payment of wages.
- A hired (servant or workman) who, without
being ill, out of pride fails to perform his work
according to the agreement, shall be fined eight
krzsb/zalas and no wages shall be paid to him. - But (if he is really) ill, (and) after recovery
performs (his work) according to the original agree-
ment, he shall receive his wages even after (the
lapse of) a very long time. - But if he, whether sick or well, does not
(perform or) cause to be performed (by others) his
work according to his agreement, the wages for that
work shall not be given to him, even (if it be only)
slightly incomplete. - Thus the law for the non-payment of wages
has been completely stated ; I will next explain the
law concerning men who break an agreement. - If a man belonging to a corporation inha-
biting a village or a district, after swearing to an
agreement, breaks it through avarice, (the king)
shall banish him from his realm, - And having imprisoned such a breaker of
an agreement, he shall compel him to pay six - Ap. II, 28, 2-3; Vi. V, 153-154; Ya^. II, 193. ‘Eight
krzsrmalas,’ i.e. ‘of gold, silver or copper, according to the case’
(Medh., Gov.), or ‘of gold’ (Kull.). - I read with Medh., Gov., Nar., Ragh., and K. sudirghasya
for sa dirghasya (Kull., Nand.). - Vi. V, 168; Yagn. II, 192. By ‘corporations inhabiting
a village or district’ are meant according to Medh., village com-
munities and corporations of merchants, mendicants or monks,
Aaturvedis and so forth, and he mentions regulations regarding
the grazing of the cattle on a common as one of the agreements
which all must observe. - According to others mentioned by Medh. the translation
294 LAWS OF MANU. VIII, 22 r.
nishkas, (each of) four suvar/zas, and one jatamana
of silver.
- A righteous king shall apply this law of
fines in villages and castes (^”ati) to those who break
an agreement. - If anybody in this (world), after buying or
selling anything, repent (of his bargain), he may
return or take (hack) that chattel within ten days. - But after (the lapse of) ten days he may
neither give nor cause it to be given (back) ; both
he who takes it (back) and he who gives it (back,
except by consent) shall be fined by the king six
hundred (pa^as). - But the king himself shall impose a fine of
ninety-six pa^as on him who gives a blemished
damsel (to a suitor) without informing (him of the
blemish). - But that man who, out of malice, says of a
maiden, ( She is not a maiden/ shall be fined one
hundred (pa^as), if he cannot prove her blemish. - The nuptial texts are applied solely to vir-
gins, (and) nowhere among men to females who
have lost their virginity, for such (females) are
excluded from religious ceremonies.
should be ‘four suvarwas or six nishkas or one jatamana/ Kull. and
Ragh. also think it possible that three separate fines may be inflicted
according to the circumstances of the case.
- Y&gn. II, 177. According to Medh., Gov., Kull., the rule
refers to things which are not easily spoilt, such as land, copper,
&c, not to flowers, fruit, and the like ; according to Nar., to grain
and seeds, ‘ because in other Smr/tis different periods are mentioned
for other objects ‘ (see Yagri. loc. cit.).
224-225. Y&gri. I, 66.
- Regarding the blemishes, see above, verse 205.
•226. K. omits this verse.
VIII, 232. RESCISSION OF SALE AND PURCHASE. 295
- The nuptial texts are a certain proof (that a
maiden has been made a lawful) wife ; but the
learned should know that they (and the marriage-
ceremony) are complete with the seventh step (of
the bride around the sacred fire). - If anybody in this (world) repent of any
completed transaction, (the king) shall keep him on
the road of rectitude in accordance with the rules
given above. - I will fully declare in accordance with the true
law (the rules concerning) the disputes, (arising) from
the transgressions of owners of cattle and of herdsmen. - During the day the responsibility for the
safety (of the cattle rests) on the herdsman, during
the night on the owner, (provided they are) in his
house ; (if it be) otherwise, the herdsman will be
responsible (for them also during the night). - A hired herdsman who is paid with milk,
may milk with the consent of the owner the best
(cow) out of ten ; such shall be his hire if no (other)
wages (are paid). - The herdsman alone shall make good (the
loss of a beast) strayed, destroyed by worms, killed
by dogs or (by falling) into a pit, if he did not duly
exert himself (to prevent it). - Nand. omits this verse and the next. After the seventh
step has been made the marriage cannot be rescinded (Medh., Gov.,
Kull., Nar.). - I.e. he maybe allowed to rescind a contract for wages and
the like within ten days, but not later (Gov., Kull.). - Nand. omits this verse.
- Vi. V, 137-138; Yagfi. I, 164-165. ‘By worms/ i. e.
according to Medh. by a kind called Arohakas, who enter the
sexual parts of the cows and destroy them ; Ragh. says, ‘ by snakes
and the like.’ ‘By dogs/ the word is according to Medh. merely
intended as an instance for any wild animal.
296 LAWS OF MANU. VIII, 233.
- But for (an animal) stolen by thieves, though
he raised an alarm, the herdsman shall not pay,
provided he gives notice to his master at the proper
place and time. - If cattle die, let him carry to his master
their ears, skin, tails, bladders, tendons, and the
yellow concrete bile, and let him point out their
particular marks. - But if goats or sheep are surrounded by
wolves and the herdsman does not hasten (to their
assistance), he shall be responsible for any (animal)
which a wolf may attack and kill. - But if they, kept in (proper) order, graze
together in the forest, and a wolf, suddenly jumping
on one of them, kills it, the herdsman shall bear in
that case no responsibility. - On all sides of a village a space, one hun-
dred dhanus or three samya-throws (in breadth),
shall be reserved (for pasture), and thrice (that
space) round a town. - If the cattle do damage to unfenced crops
on that (common), the king shall in that case not
punish the herdsmen. - (The owner of the field) shall make there a
hedge over which a camel cannot look, and stop - I read with Medh. and Gov. anka^^ ka, ‘their particular
marks,’ instead of arigani, ‘ their (other) limbs’ (Ragh., Nand., K.,
and the editions). To judge from the commentary, Kull. must
have had the same reading as Medh. and Gov. - Vi.V, 137.
- Ya^riL II, 167. Dhanus, literally ‘ a bow’s length ‘=4 hastas
or about 6 feet. The jamya is a short, thick piece of wood, used
at sacrifices. A jamya-throw is mentioned as a measure also by
Ap. I, 9, 6.
VIII, 243- DISPUTES — MASTER AND SERVANTS. 297
every gap through which a dog or a boar can thrust
his head.
- (If cattle do mischief) in an enclosed field
near a highway or near a village, the herdsman
shall be fined one hundred (pa/zas); (but cattle),
unattended by a herdsman, (the watchman in the
field) shall drive away. - (For damage) in other fields (each head of)
cattle shall (pay a fine of) one (pa/za) and a quarter,
and in all (cases the value of) the crop (destroyed)
shall be made good to the owner of the field ; that
is the settled rule. - But Manu has declared that no fine shall be
paid for (damage done by) a cow within ten days
after her calving, by bulls and by cattle sacred to
the gods, whether they are attended by a herdsman
or not. - If (the crops are destroyed by) the husband-
man’s (own) fault, the fine shall amount to ten
times as much as (the king’s) share; but the fine
(shall be) only half that amount if (the fault lay)
with the servants and the farmer had no knowledge
of it.
240-242. Ap. II, 28, 5; Gaut. XII, 19-26; Vi. V, 140-150;
Yagn. II, 1 61-163.
- ‘The cattle/ i.e. ‘the herdsman shall pay for the cattle.’
‘ In all cases/ i. e. ‘ whether the cattle were attended by a herdsman
or not’ (Medh., Gov., Kull., Ragh.). - A cow is, according to Nar., during the first days after
calving utterly unmanageable. ‘ Bulls/ i. e. ‘ those set at liberty
(see Vi. LXXXVI) are meant’ (Nar., Kull.), which may be met with
near many Indian villages and in many towns. ‘ Cattle sacred to
the gods/ i. e. either ‘ such as are set apart for sacrifices,’ or ‘ such
as are dedicated to temples’ (Medh.). The other commentators
prefer the second explanation. - Ap. II, 28, 1. ‘The husbandman’s (own) fault/ i.e. ‘if he
298 LAWS OF MANU. VIII, 244.
- To these rules a righteous king shall keep
in (all cases of) transgressions by masters, their
cattle, and herdsmen. - If a dispute has arisen between two villages
concerning a boundary, the king shall settle the
limits in the month of Gyaish/^a, when the land-
marks are most distinctly visible. - Let him mark the boundaries (by) trees, (e.g.)
Nyagrodhas, Asvatthas, Ki^i-ukas, cotton – trees,
.Salas, Palmyra palms, and trees with milky juice, - By clustering shrubs, bamboos of different
kinds, 6amis, creepers and raised mounds, reeds,
thickets of Kub^aka ; thus the boundary will not be
forgotten. - Tanks, wells,, cisterns, and fountains should
be built where boundaries meet, as well as
temples, - And as he will see that through mens igno-
rance of the boundaries trespasses constantly occur
in the world, let him cause to be made other hidden
marks for boundaries, - Stones, bones, cow’s hair, chaff, ashes, pot-
sherds, dry cowdung, bricks, cinders, pebbles, and
sand,
has allowed his crops to be eaten by cattle, or has not sown the
field in proper time, &c/ (Medh., Gov., Kull., Nar., Ragh.).
- (ryaish/^a, i. e. May-June, ‘ when the grass has been dried
up by the heat’ (Medh., Kull., Ragh.). - Ya§™. II, 151. Nyagrodha, Ficus Indica; A^vattha, Ficus
Religiosa; Ki^zxuka, ButeaFrondosa; -Sala, ShoreaRobusta. ‘Trees
with milky juice,’ i.e. ‘Arka (Calatropis Gigantea), Udumbara (Ficus
Glomerata), &c.’ - »Sami, Acacia Suma; ‘ mounds/ i. e. the heaps of earth are
meant which now are used generally as landmarks in British
districts. Instead of Kub^aka Nand. reads Kulyaka.
VIII, 257» BOUNDARY DISPUTES. 299
- And whatever other things of a similar kind
the earth does not corrode even after a long time,
those he should cause to be buried where one
boundary joins (the other). - By these signs, by long continued posses-
sion, and by constantly flowing streams of water
the king shall ascertain the boundary (of the land)
of two disputing parties. - If there be a doubt even on inspection of
the marks, the settlement of a dispute regarding
boundaries shall depend on witnesses. - The witnesses, (giving evidence) regarding
a boundary, shall be examined concerning the land-
marks in the presence of the crowd of the villagers
and also of the two litigants. - As they, being questioned, unanimously
decide, even so he shall record the boundary (in
writing), together with their names. - Let them, putting earth on their heads,
wearing chaplets (of red flowers) and red dresses,
being sworn each by (the rewards for) his meritorious
deeds, settle (the boundary) in accordance with the
truth. - If they determine (the boundary) in the
- According to Kull., who relies on a passage of Br/haspati,
these objects are to be placed in jars. - According to the commentators the verse refers to a dis-
pute between two villages, and the two litigants are persons deputed
by each village to conduct the case (see also below, verse 261). - All the commentators explain nibadhniyat by ‘he shall
record in writing,’ and as it is specially mentioned that the names
of the witnesses shall be given, it seems impossible to take the
word in any other sense. Medh. says that, if the witnesses dis-
agree, the opinion of the majority shall be taken.
256-260. Yagfi. II, 150-152.
300 LAWS OF MANU. VIII, 258.
manner stated, they are guiltless (being) veracious
witnesses ; but if they determine it unjustly, they
shall be compelled to pay a fine of two hundred
(pa/zas).
- On failure of witnesses (from the two vil-
lages, men of) the four neighbouring villages, who
are pure, shall make (as witnesses) a decision con-
cerning the boundary in the presence of the king. - On failure of neighbours (who are) original
inhabitants (of the country and can be) witnesses
with respect to the boundary, (the king) may hear
the evidence even of the following inhabitants of
the forest, - (Viz.) hunters, fowlers, herdsmen, fishermen,
root-diggers, snake-catchers, gleaners, and other
foresters. - As they, being examined, declare the marks
for the meeting of the boundaries (to be), even so the
king shall justly cause them to be fixed between the
two villages. - The decision concerning the boundary-marks
of fields, wells, tanks, of gardens and houses depends
upon (the evidence of) the neighbours. - Should the neighbours give false evidence,
- Men from the four surrounding villages are meant, as
Kull. suggests. The correctness of this opinion is proved by the
fact that the land-grants usually mention ‘the four boundaries’
(^aturagha/anani) of the villages given away. Medh. and Nand. read
gramasamantavasina^, ‘ four men living in, &c.’ - Maulanam, ‘original inhabitants,’ i.e. ‘whose ancestors have
lived there since the settlement of the village’ (Medh., Gov., Kull.,
Ragh.). - ‘Other foresters/ i.e. ‘those who collect flowers, fruit, and
fuel’ (Medh., Gov., Kull.), or ‘Sabaras and the rest’ (Nar.). - Vas. XVI, 13-15 ; Y&gri. II, 154.
- Yagri.I, 153.
VIII, 270. BOUNDARY DISPUTES ; DEFAMATION. 3OI
when men dispute about a boundary-mark, the
king shall make each of them pay the middlemost
amercement as a fine.
- He who by intimidation possesses himself
of a house, a tank, a garden, or a field, shall be
fined five hundred (pa^as) ; (if he trespassed) through
ignorance, the fine (shall be) two hundred (pa/zas). - If the boundary cannot be ascertained (by
any evidence), let a righteous king with (the inten-
tion of) benefiting them (all), himself assign (his)
land (to each) ; that is the settled rule. - Thus the law for deciding boundary (dis-
putes) has been fully declared, I will next propound
the (manner of) deciding (cases of) defamation. - A Kshatriya, having defamed a Brahma^a,
shall be fined one hundred (pa/zas) ; a VaLsya one
hundred and fifty or two hundred ; a *Stidra shall
suffer corporal punishment. - A Brahma/za shall be fined fifty (pa/zas) for
defaming a Kshatriya ; in (the case of) a VaLyya the
fine shall be twenty-five (pa^as) ; in (the case of)
a 6ildra twelve. - For offences of twice-born men against those
of equal caste (var^a, the fine shall be) also twelve
(pa/zas) ; for speeches which ought not to be uttered,
that (and every fine shall be) double. - A once-born man (a ^udra), who insults a
- Yagfi.II, 153.
267-277. Ap. II, 27, 14; Gaut. XII, 1, 8-14 ; Vas. IX, 9; Vi.
V, 23-39; Yagri. II, 204-211.
- ‘Speeches that ought not to be uttered,’ i. e. ‘insinuations
against the honour of another’s female relatives, especially mothers
and sisters’ (Medh., Gov., Kull., Ragh.), with which the Hindus, like
other Orientals, are very ready. - The last clause refers, according to the commentators, to the
a
X
I
302 LAWS OF MANU. VIII, 271.
twice-born man with gross invective, shall have his
tongue cut out ; for he is of low origin.
- If he mentions the names and castes (^ati)
of the (twice-born) with contumely, an iron nail, ten
fingers long, shall be thrust red-hot into his mouth. - If he arrogantly teaches Brahma/zas their
duty, the king shall cause hot oil to be poured into
his mouth and into his ears. - He who through arrogance makes false
statements regarding the learning (of a caste-fellow),
his country, his caste (^ati), or the rites by which his
body was sanctified, shall be compelled to pay a fine
of two hundred (pa^as). - He who even in accordance with the true
facts (contemptuously) calls another man one-eyed,
lame, or the like (names), shall be fined at least one
karshapa;za. - He who defames his mother, his father, his
wife, his brother, his son, or his teacher, and he who
gives not the way to his preceptor, shall be com-
pelled to pay one hundred (pa^as). - (For mutual abuse) by a Brahma/za and a
origin of the -Sudra from Brahman’s feet; see above, I, 31. Accord-
ing to Medh. the expression ‘ once-born’ includes men born from
high-caste fathers and low-caste mothers.
- I.e. if he says ‘re Ya^wadatta/ or ‘thou scum of the
Brahma/zas.’ - ‘ (Of a caste-fellow)/ (Kull., R&gh.), Gov. too states that
the rule cannot refer to £udras, because the punishment is too light.
Medh. explains karma by ‘ occupation/ and jariram by ‘ bodily (de-
ficiencies)/ while the others refer karma jariram to a denial of the
initiation. - Aksharayati, ‘defames/ i.e. ‘accuses them of a mortal
sin’ (Gov., Kull., Ragh.), or ‘of incest* (Nar.), or ’causes dissen-
sions between them and others’ (Medh.), or ‘makes them angry’
(Nand.).
VIII, 282. ASSAULT AND HURT. 303
Kshatriya a fine must be imposed by a discerning
(king), on the Brahma/za the lowest amercement, but
on the Kshatriya the middlemost.
- A VaLsya and a 6udra must be punished
exactly in the same manner according to their re-
spective castes, but the tongue (of the 6udra) shall
not be cut out ; that is the decision. - Thus the rules for punishments (applicable to
cases) of defamation have been truly declared ; I will
next propound the decision (of cases) of assault. - With whatever limb a man of a low caste
does hurt to (a man of the three) highest (castes),
even that limb shall be cut off; that is the teaching
of Manu. - He who raises his hand or a stick, shall have
his hand cut off; he who in anger kicks with his foot,
shall have his foot cut off. ^j - A low-caste man who tries to place himself
on the same seat with a man of a high caste, shall jK
be branded on his hip and be banished, or (the king)
shall cause his buttock to be gashed. - If out of arrogance he spits (on a superior),
the king shall cause both his lips to be cut off; if
he urines (on him), the penis ; if he breaks wind
(against him), the anus. - I.e. if a -Sudra defames a Vawya his tongue is not cut out,
but he pays the middlemost amercement.
279-280. Vi. V, 19; Y&gn. II, 215. - Praharet, ‘ kicks,’ i. e. ‘ lifts his foot in order to kick’ (Medh.,
Nar., Nand.). - Ap. II, 27, 15; Gaut. XII, 7; Vi. V, 20. According to
Medh., Gov., Kull., the rule refers to a Brahmarca and a -Sudra ;
according to Ragh., to the latter and an Aryan ; according to Nar.,
to a Kshatriya, Vai^ya, or .Sudra offending against a Brahmawa. - Vi. V, 21-22.
304 LAWS OF MANU. VIII, 283.
- If he lays hold of the hair (of a superior),
a/ let the (king) unhesitatingly cut off his hands, like-
^ wise (if he takes him) by the feet, the beard, the
I neck, or the scrotum. - He who breaks the skin (of an equal) or
fetches blood (from him) shall be fined one hundred
(pa/zas), he who cuts a muscle six nishkas, he who
breaks a bone shall be banished. - According to the usefulness of the several
(kinds of) trees a fine must be inflicted for injuring
them ; that is the settled rule. - If a blow is struck against men or animals
in order to (give them) pain, (the judge) shall inflict
a fine in proportion to the amount of pain (caused). - If a limb is injured, a wound (is caused), or
blood (flows, the assailant) shall be made to pay (to
the sufferer) the expenses of the cure, or the whole
(both the usual amercement and the expenses of the
cure as a) fine (to the king). - Vi.V, 66-70; Yagn. II, 218. ‘(Ofanequal),'(Medh.,Kull.,
Nand.) According to Ragh., the rule refers to *Sudras assaulting
-Sudras. According to Nar., the last offender’s property shall be
confiscated. - Vi. V, 55-59 ; Yagfi. II, 227-228. The expression ‘ trees ‘
includes all plants (Medh., Kull.). According to Gov., the fine for
injuring trees which give shade only is to be very small ; in the case
of flower-bearing trees, middling ; in the case of fruit-trees, high (see
Vi. loc. cit.). Medh. remarks that the position of the trees, e. g. whether
they are boundary-marks, or stand on a cross-road, in a hermitage,
&c, has to be taken into account (see Yagfi. loc. cit.).
286-287. Vi.V, 75-76; Yagri. II, 219, 222.
- Instead of vrawa, ‘a wound’ (Kull., Nar.), Medh., Gov.,
Ragh., Nand., and K. read prawa. Medh. explains the latter reading
by ‘ if the vital strength is injured/ and Gov. and Ragh. by ‘ if the
breathing power is injured by gagging.’ ‘ Or the whole (as a) fine,’
i. e. if the person injured refuses the compensation. Nar. says, ‘ and
shall pay the whole fine, mentioned above.’
VIII, 295. ASSAULT AND HURT. 305
- He who damages the goods of another, be
it intentionally or unintentionally, shall give satis-
faction to the (owner) and pay to the king a fine
equal to the (damage). - In the case of (damage done to) leather, or
to utensils of leather, of wood, or of clay, the fine
(shall be) five times their value ; likewise in the case
of (damage to) flowers, roots, and fruit. - They declare with respect to a carriage, its
driver and its owner, (that there are) ten cases in
which no punishment (for damage done) can be
inflicted ; in other cases a fine is prescribed. - When the nose-string is snapped, when the
yoke is broken, when the carriage turns sideways or
back, when the axle or a wheel is broken, - When the leather-thongs, the rope around
the neck or the bridle are broken, and when (the
driver) has loudly called out, ‘ Make way,’ Manu
has declared (that in all these cases) no punishment
(shall be inflicted). - But if the cart turns off (the road) through
the driver’s want of skill, the owner shall be fined, if
damage (is done), two hundred (pa/zas). - If the driver is skilful (but negligent), he
alone shall be fined ; if the driver is unskilful, the
occupants of the carriage (also) shall be each fined
one hundred (pa^as). - But if he is stopped on his way by cattle or
- ‘The goods,’ i.e. ‘such objects as are not mentioned spe-
cially’ (Medh., Gov., Kull., Ragh.).
291-295. Yagn. II, 298-299.
- ‘When the carriage turns sideways or backwards,’ i.e. ‘off
the road owing to its badness, to the animals taking fright, &c.’
(Medh., Gov., Kull., Ragh.). - There are two readings, avi^arita^, ‘ without doubt’ (lit. ‘ not
[25] x
306 LAWS OF MANU. VITI, 296.
by (another) carriage, and he causes the death of
any living being, a fine shall without doubt be
imposed.
- If a man is killed, his guilt will be at once
the same as (that of) a thief ; for large animals such
as cows, elephants, camels or horses, half of that. - For injuring small cattle the fine (shall be)
two hundred (pa^as) ; the fine for beautiful wild
quadrupeds and birds shall amount to fifty (pa/zas). - For donkeys, sheep, and goats the fine shall
be five m&shas ; but the punishment for killing a
dog or a pig shall be one masha. - A wife, a son, a slave, a pupil, and a
(younger) brother of the full blood, who have com-
mitted faults, may be beaten with a rope or a split
bamboo, - But on the back part of the body (only),
never on a noble part ; he who strikes them other-
wise will incur the same guilt as a thief. - Thus the whole law of assault (and hurt)
has been declared completely; I will now explain
the rules for the decision (in cases) of theft. - Let the king exert himself to the utmost to
considered’), and vi^arita^, ‘ is considered (to be just).’ Medh.
gives besides the explanation, adopted in the translation according
to Kull., another one, ‘ is not considered (just)/ He mentions also
the second reading, which Gov., Ragh., Nar., and Nand. have, and
explains it with them by ‘ is considered (to be just).’
- ‘ The same as that of a thief/ i. e. ‘ he must pay the highest
amercement, or 1000 pa«as’ (Medh., Gov., Nar., Kull., Ragh.,
Nand.).
297-298. Vi.V, 50-54.
299-300. Ap. I, 8, 31 ; Gaut. II, 43-44-
- ‘ Not on a noble part,’ i. e. ‘ not on the chest or the head,
&c.’ (Medh., Kull.).
VIII, 307. THEFT. 307
punish thieves ; for, if he punishes thieves, his fame
grows and his kingdom prospers.
- That king, indeed, is ever worthy of honour
who ensures the safety (of his subjects); for the
sacrificial session (sattra, which he, as it were, per-
forms thereby) ever grows in length, the safety (of
his subjects representing) the sacrificial fee. - A king who (duly) protects (his subjects) re-
ceives from each and all the sixth part of their
spiritual merit ; if he does not protect them, the
sixth part of their demerit also (will fall on him). - Whatever (merit a man gains by) reading the
Veda, by sacrificing, by charitable gifts, (or by) wor-
shipping (Gurus and gods), the king obtains a sixth
part of that in consequence of his duly protecting
(his kingdom). - A king who protects the created beings in
accordance with the sacred law and smites those
worthy of corporal punishment, daily offers (as it
were) sacrifices at which hundred thousands (are
given as) fees. - A king who does not afford protection, (yet)
takes his share in kind, his taxes, tolls and duties,
daily presents and fines, will (after death) soon sink
into hell.
303-311. Ap. II, 25, 15; Vas. I, 42-44; Vi.V, 196; Ybgii. I,
335~336> 358; see also below, IX, 252 seqq.
- ‘ The share in kind/ i. e. * the sixth part of the harvest’
(Medh., Gov., Kull., Nar., Ragh.), or ‘ the choice portions of fruit,
grain, &c. to be given to the king.’ ‘Taxes,’ i.e. ^anghadana
(Medh.), or the land-tax paid in money (Nar.), * monthly taxes, or
taxes payable in certain months by the villagers’ (Gov., Kull., Ragh.).
«Sulka, i. e. £ the tolls and duties payable by merchants and traders ‘
(Medh., Gov., Kull., Nar., Ragh.). For pratibhagam, i. e. ‘ the daily
presents of fruit, vegetables, &c.,’ the so-called Z>alis (Medh., Kull.),
X 2
3o8
LAWS OF MANU.
VIII, 308.
- They declare that a king who affords no
protection, (yet) receives the sixth part of the pro-
duce, takes upon himself all the foulness of his
whole people. - Know that a king who heeds not the rules
(of the’ law), who is an atheist, and rapacious, who
does not protect (his subjects, but) devours them,
will sink low (after death). - Let him carefully restrain the wicked by
three methods, — by imprisonment, by putting them
in fetters, and by various (kinds of) corporal
punishments. - For by punishing the wicked and by
favouring the virtuous, kings are constantly sancti-
fied, just as twice-born men by sacrifices. - A king who desires his own welfare must
always forgive litigants, infants, aged and sick men,
who inveigh against him. - He who, being abused by men in pain, par-
dons (them), will in reward of that (act) be exalted
in heaven ; but he who, (proud) of his kingly state,
Nar. and Ragh. read pratibhogam, Gov. bhutibhogam, and Nand.
pritibhogam, but the explanation of the first two var. lect. is the
same. Pritibhoga would however denote all ‘ benevolences,’ which
usually are called pritidana and are levied on particular occasions.
- Medh. and Nar. read arakshitaram attaram, ‘(a king) who
affords no protection, (yet) devours (his subjects and) takes, &c.’ - Nand. reads at the end of the verse asatyawz ka. nripam
tya^-et, ‘ Let him forsake a king who heeds not the rules …. and
is untruthful.’ This var. lect. is mentioned by Medh. Vipralumpa-
kam (or clopakam), ‘ rapacious,’ means according to Nar., Nand.,
and Ragh. ‘ who takes the goods of Brahmawas or injures them.’ - ‘The wicked,’ i.e. ‘thieves, because the topic (is theft),’
(Medh.). - ‘ Twice-born men/ i. e. ‘ Brahmawas’ (Medh., Nar.).
VIII, 319- THEFT. 309
forgives them not, will for that (reason) sink into
hell.
- A thief shall, running, approach the king,
with flying hair, confessing that theft (and saying),
‘Thus have I done, punish me;’ - (And he must) carry on his shoulder a pestle,
or a club of Khadira wood, or a spear sharp at both
ends, or an iron staff. - Whether he be punished or pardoned, the
thief is freed from the (guilt of) theft ; but the king,
if he punishes not, takes upon himself the guilt of
the thief. ^jt - The killer of a learned Brahma^a throws
his guilt on him who eats his food, an adulterous h
wife on her (negligent) husband, a (sinning) pupil or . <
sacrificer on (their negligent) teacher (or priest), a J
thief on the king (who pardons him). - But men who have committed crimes and
have been punished by the king, go to heaven,
being pure like those who performed meritorious
deeds. - He who steals the rope or the water-pot
from a well, or damages a hut where water is distri-
314-316. Ap. I, 25, 4-5; Gaut. XII, 43-45; Vas. XX, 41;
Baudh. II, 1, 16-17 ; Vi- LII> x~2 J Ya^n. Ill, 257.
- Medh. and Nand. read instead of dhavata, ‘running,’
dhimata, (shall approach the king) ‘ with firm determination/ But
Medh. mentions the other reading too, the correctness of which is
attested by Vas. loc. cit. According to the commentators and the
parallel passages, a repentant thief is meant who has stolen gold
belonging to a Brahmawa; see also below, XI, 199-201. - Vas, XIX, 44. Medh. gives verse 317 after 318, but remarks
that the order ought to be inverted. He says that a priest must
leave a disobedient sacrificer; else the guilt of irregularities com-
mitted by the latter will fall upon the priest. - ‘ Damages,’ i.e. ‘ takes away the wood belonging to it’ (Nar.).
3IO LAWS OF MANU. VIII, 320.
buted, shall pay one masha as a fine and restore the
(article abstracted or damaged) in its (proper place).
- On him who steals more than ten kumbhas
of grain corporal punishment (shall be inflicted) ; in
other cases he shall be fined eleven times as much, and
shall pay to the (owner the value of his) property. - So shall corporal punishment be inflicted for
stealing more than a hundred (palas) of articles sold
by the weight, (i. e.) of gold, silver, and so forth, and
of most excellent clothes. - For (stealing) more than fifty (palas) it is
enacted that the hands (of the offender) shall be cut
off; but in other cases, let him inflict a fine of eleven
times the value. - For stealing men of noble family and especially
women and the most precious gems, (the offender)
deserves corporal (or capital) punishment. - For stealing large animals, weapons, or
medicines, let the king fix a punishment, after con-
sidering the time and the purpose (for which they
were destined).
‘One masha/ i.e. ‘of copper’ (Medh.), ‘of gold’ (Gov., Kull., Nar.,
Ragh.).
- Vi. V, 12. ‘Akumbha is equal to 20 or 22 prasthas of 32
palas each’ (Medh.), or ‘to 20 dro/zas of 200 palas each’ (Gov.,
Kull., Ragh.), or ‘ to 200 palas’ (Nar.). Vadha^, ‘ corporal punish-
ment,’ i.e. ‘ flogging, mutilation, or even capital punishment, accord-
ing to the quality of the person robbed’ (Gov., Kull., Ragh.). - Vi. V, 13. According to Nar. and Ragh., other things than
gold and silver are to be understood by dharima, ‘ sold by the weight.’
But Medh., Gov., and Kull. explain as above. - Vi. V, 81-82. Nar. thinks that this rule refers to copper
and the like metals of small value. But it is also possible to remove
the seeming inconsistency, by explaining the term vadha^ in the
preceding verse by ‘ capital punishment.’
324-325. Vi.V, 77-78.
- ‘The purpose for which the object was destined,’ i.e.’ whether
VIII, 330- THEFT. 311
- For (stealing) cows belonging to Brahma/zas, W
for piercing (the nostrils of) a barren cow, and for V
stealing (other) cattle (belonging to Brahma^as, the \
offender) shall forthwith lose half his feet. - (For stealing) thread, cotton, drugs causing
fermentation, cowdung, molasses, sour milk, sweet
milk, butter-milk, water, or grass, - Vessels made of bamboo or other cane, salt
of various kinds, earthen (vessels), earth and ashes, - Fish, birds, oil, clarified butter, meat, honey,
and other things that come from beasts, - Or other things of a similar kind, spirituous
liquor, boiled rice, and every kind of cooked food,
the fine (shall be) twice the value (of the stolen
article). - For flowers, green corn, shrubs, creepers,
trees, and other unhusked (grain) the fine (shall be)
five krzsh/zalas.
weapons were stolen during a combat, or medicines from a very
sick man’ (Medh., Gov., Ragh.).
- Instead of the reading of the editions, ‘ kkiirik&yas ka. bhe-
dane,’ Medh., Nar., Ragh., Nand., and K. have ‘ sthurikaya\r £a
bhedane,’ which is no doubt the correct version, the vulgata being
caused by a mislecture of the old form of the letter ‘ tha.’ Kull.
and Ragh. explain the phrase in the manner given above, and Gov.,
who reads ‘ nasa[si]kayaj £a bhedane,’ agrees with them. Medh.,
on the other hand, says that sthurika means ‘an ox ‘ (balivarda^),
and the phrase must be taken ‘ for pricking with a goad (and using
for one’s purpose) the ox (of another man).’ Nar. finally asserts
that sthurika means ‘ a load placed on an ox,’ and interprets the
words by ‘ for cutting open a sack carried by an ox and abstracting
its contents.’
326-331. Vi.V, 83-86.
- ‘Other things that come from beasts,’ i. e. ‘skins, horns,
goro^ana, &c.’ (Gov., Nar., Kull., Ragh.). - ‘ Other things of a similar kind,’ i. e. ‘ red arsenic, red lead,
&c.’ (Gov., Kull.), or ‘ other eatables’ (Nand.). - Gaut. XII, 18. Gov. reads alpeshu, ‘for a little unhusked
LAWS OF MANU. VIII, 331,
- For husked grain, vegetables, roots, and
fruit the fine (shall be) one hundred (pa^as) if there
is no connexion (between the owner and the thief),
fifty (pa^as) if such a connexion exists. - An offence (of this description), which is
committed in the presence (of the owner) and with
violence, will be robbery ; if (it is committed) in his
absence, it will be theft ; likewise if (the possession
of) anything is denied after it has been taken. - On that man who may steal (any of) the
above-mentioned articles, when they are prepared
for (use), let the king inflict the first (or lowest)
amercement ; likewise on him who may steal (a
sacred) fire out of the room (in which it is kept). - With whatever limb a thief in any way
commits (an offence) against men, even of that
(the king) shall deprive him in order to prevent
(a repetition of the crime).
(grain),’ instead of anyeshu, ‘ other.’ ‘ Five knsrmalas/ i. e. * of gold’
(Medh.), ‘ of gold or silver’ (Gov., Kull., Ragh.).
- Niranvaye, ‘if there be no connexion (between the owner
and the thief)/ means according to Medh. either ‘if there be no
connexion by friendly mutual leading,’ or ‘ if there be no connexion
such as residence in the same village,’ or ‘if there was no watch-
man in the field.’ Gov. and N&r. agree with the first explanation,
Kull. and Ragh. with the second; but see above, verse 198. - Y&gri. II, 230. Medh. and Nar. place this verse after the
next. - ‘ Prepared for use,’ i.e. ‘ for eating’ (Medh., Nar.), or ‘ thread
worked into cloth’ (Medh., Gov., Kull., Ragh.). ‘Fire/ i.e. either
the sacred fire (Medh., Kull., Nar., Ragh.), or also the common fire
(Gov.). Medh. and Nand. read jatam, ‘ one hundred pawas/ instead
of adyam, ‘the lowest amercement/ which latter reading Medh.
mentions too. - Pratyadcraya, ‘in order to prevent (a repetition of the
offence),’ (Gov., Kull., Ragh., Nand.), means according to Medh.
and Nar. ‘ in order to deter (others).’
VIII, 34*. THEFT. 313
- Neither a father, nor a teacher, nor a friend,
nor a mother, nor a wife, nor a son, nor a domestic
priest must be left unpunished by a king, if they do
not keep within their duty. - Where another common man would be fined
one karshapa/za, the king shall be fined one thou-
sand ; that is the settled rule. - In (a case of) theft the guilt of a 6udra
shall be eightfold, that of a VaLsya sixteenfold, that
of a Kshatriya two-and- thirty fold, - That of a Brahma^a sixty-fourfold, or quite
a hundredfold, or (even) twice four-and-sixtyfold ;
(each of them) knowing the nature of the offence. - (The taking of) roots and of fruit from trees,
of wood for a (sacrificial) fire, and of grass for feed-
ing cows, Manu has declared (to be) no theft. - A Brahma^a, seeking to obtain property
from a man who took what was not given to him,
either by sacrificing for him or by teaching him, is
even like a thief. - A twice-born man, who is travelling and
whose provisions are exhausted, shall not be fined,
if he takes two stalks of sugar-cane or two (esculent)
roots from the field of another man. - Y&gn. I, 357.
- The king shall throw the money, due as a fine for an
offence he may have committed, into the water or give it to Brah-
ma^as (Medh., Gov., Kull.), in accordance with IX, 245.
337-338. Gaut. XII, 15-17.
- ‘ The guilt’ means of course that the offender has to pay
a fine in proportion. - Ap. I, 28, 3 ; Gaut. XII, 28; Y&gri. II, 166. According to
Medh., Gov., Kull., Nar., and Ragh., the condition is that the things
taken were unenclosed. - Gaut. XII, 49-50; see also below, IX, 239, 241.
314 LAWS OF MANU. VIII, 342.
- He who ties up unbound or sets free tied
up (cattle of other men), he who takes a slave,
a horse, or a carriage will have incurred the guilt
of a thief. - A king who punishes thieves according to
these rules, will gain fame in this world and after
death unsurpassable bliss. - A king who desires to gain the throne of
Indra and imperishable eternal fame, shall not, even
for a moment, neglect (to punish) the man who
commits violence. - He who commits violence must be con-
sidered as the worst offender, (more wicked) than
a defamer, than a thief, and than he who injures
(another) with a staff. - But that king who pardons the perpetrator
of violence quickly perishes and incurs hatred. - Neither for friendships sake, nor for the
sake of great lucre, must a king let go perpetrators
of violence, who cause terror to all creatures. - Twice-born men may take up arms when
(they are) hindered (in the fulfilment of) their
duties, when destruction (threatens) the twice-born
castes (vama) in (evil) times, - ‘ Takes a slave, &c.,’ i. e. ‘ makes them do his work’ (Nar.).
The other commentators think of actual theft. - Sahasa, ‘violence,’ comprises according to Medh. robbery
(see also above, verse 332), rape, arson, cutting clothes, or forcibly
destroying property.
348-351. Gaut. VII, 25 ; Vas. Ill, 15-18, 24 ; Baudh. 1, 18-23 ;
Vi.V, 189-192.
- I. e. when robbers and so forth do not allow the twice-born
to offer sacrifices or to fulfil other sacred duties (Medh.), or when
in times of a foreign invasion (Gov., KulL, Nar., Ragh.), or of a
famine (Nar.), the twice-born castes are threatened by an improper
intermixture (sa#zkara).
VITI,35g. ADULTERY. 315
- In their own defence, in a strife for the fees
of officiating priests, and in order to protect women
and Brahma^as ; he who (under such circumstances)
kills in the cause of right, commits no sin. - One may slay without hesitation an assassin
who approaches (with murderous intent), whether (he
be one’s) teacher, a child or an aged man, or a Brah-
ma/za deeply versed in the Vedas. - By killing an assassin the slayer incurs no
guilt, whether (he does it) publicly or secretly ; in
that case fury recoils upon fury. » «j\ >. ni
- Men who commit adultery with the wives of I’ I”
others, the king shall cause to be marked by punish-
ments which cause terror, and afterwards banish. ^K f JL/ - For by (adultery) is caused a mixture of the I ‘
castes (vanza) among men ; thence (follows) sin, 1,
which cuts up even the roots and causes the destruc-
tion of everything. - A man formerly accused of (such) offences,
who secretly converses with another man’s wife,
shall pay the first (or lowest) amercement. - But a man, not before accused, who (thus)
speaks with (a woman) for some (reasonable) cause,
shall not incur any guilt, since in him there is no
transgression. - According to Kull. the condition is that one must be unable
to save oneself by flight, according to N&r. one must not wound
such a man ‘ excessively/ - ‘Secretly,’ i.e. ‘by incantations or spells’ (Gov., Nar.,
Nand.). - I. e. if a mixture of the castes takes place, the sacrifices
cannot be offered properly, because duly qualified sacrificers are
wanting. If sacrifices are not duly offered, no rain will fall (see
above, III, 76), and everything will perish (Medh., Gov., Kull.,
R*gh.).
354-358. Ap. II, 26, 18-19 ; Y%». II, 284.
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3 1 6 LAWS OF MANU. VIII, 356.
- He who addresses the wife of another man
at a Tirtha, outside the village, in a forest, or at
the confluence of rivers, shall suffer (the punishment
for) adulterous acts (sawgraha^a). - Offering presents (to a woman), romping
(with her), touching her ornaments and dress, sitting
with her on a bed, all (these acts) are considered
adulterous acts (sawgraha^a). - If one touches a woman in a place (which
ought) not (to be touched) or allows (oneself to be
touched in such a spot), all (such acts done) with
mutual consent are declared (to be) adulterous (sa//z-
graha/za). - A man who is not a Brahma^a ought to
suffer death for adultery (sawgraha^a) ; for the
wives of all the four castes even must always be
(|_ carefully guarded.
- Mendicants, bards, men who have performed
the initiatory ceremony of a Vedic sacrifice, and arti-
sans are not prohibited from speaking to married
women. - ‘A Tirtha/ i. e. ‘ a place on the river-bank where the women
fetch water’ (Medh., Nar., Ragh.). The punishment is the highest
amercement (Kull.). Nand. places this verse after 357. - Nand. says, ‘ If one touches a woman in a lonely place.’
Gov. also mentions this explanation. - According to Gov., Kull., Ragh. this rule refers to adultery
committed by a -Sudra with a Brahmarai (Ragh.) or to the violation
of a Brahmarci by a Sudra (Gov., Kull.). Medh., too, thinks that
a -Sudra alone is to suffer capital punishment for adultery with an
Aryan woman. Nand., finally, says that Kshatriyas, Vauyas, and
-Sudras are meant, who offend with a female of a higher caste.
Possibly the correct explanation of prawantaw dawdam,’ death/ may,
however, be ■ a punishment, even death.’ This rendering at least
removes all the difficulties created by the parallel passages and
the following verses.
VIII, 365- ADULTERY. 3 1 J
- Let no man converse with the wives of
others after he has been forbidden (to do so) ; but
he who converses (with them), in spite of a prohi-
bition, shall be fined one suvama. - This rule does not apply to the wives of
actors and singers, nor (of) those who live on (the
intrigues of) their own (wives) ; for such men send
their wives (to others) or, concealing themselves,
allow them to hold criminal intercourse. - Yet he who secretly converses with such
women, or with female slaves kept by one (master),
and with female ascetics, shall be compelled to pay
a small fine. - He who violates an unwilling maiden shall
instantly suffer corporal punishment ; but a man who
enjoys a willing maiden shall not suffer corporal
punishment, if (his caste be) the same (as hers). - From a maiden who makes advances to a
(man of) high (caste), he shall not take any fine ;
but her, who courts a (man of) low (caste), let him
force to live confined in her house. - Y&gn. II, 285.
- Baudh. II, 4, 3. I translate Tarawa according to the com-
mentators by ‘ actors and singers/ but it may also be the name of
a caste which is well known in Western India. - ‘ Female ascetics/ i. e. ‘ Rakshakas (?), -Silamitras (?), and so
forth ‘ (Medh.), or ‘ Buddhist nuns’ (Gov., Kull., Ragh.). Nar. says
‘ female mendicants.’ It deserves to be noted that according to a
passage attributed by Gov. and Nar. to Baudhayana, but not found
in our text, ‘ some’ permitted even orthodox females to become
ascetics. Female ascetics were probably in ancient India as common
as they are now, and were considered equally disreputable.
364-368. Yagn. II, 288.
- ‘From a maiden/ i.e. ‘from her relatives or guardians’
(Medh.). According to Kull. and Nar. the girl is to be fettered,
according to Medh. to be guarded by her relatives. The confine-
ment is to last until she is cured of her attachment.
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3 1 8 LAWS OF MANU. VIII, 366.
- A (man of) low (caste) who makes love to
a maiden (of) the highest (caste) shall suffer corporal
punishment ; he who addresses a maiden (of) equal
(caste) shall pay the nuptial fee, if her father
desires it. - But if any man through insolence forcibly
contaminates a maiden, two of his fingers shall be
instantly cut off, and he shall pay a fine of six
hundred (pa/zas). - A man (of) equal (caste) who defiles a
willing maiden shall not suffer the amputation of
his fingers, but shall pay a fine of two hundred
(pa/zas) in order to deter him from a repetition (of
the offence). - A damsel who pollutes (another) damsel
must be fined two hundred (pa/zas), pay the double
of her (nuptial) fee, and receive ten (lashes with
a) rod. - But a woman who pollutes a damsel shall
instantly have (her head) shaved or two fingers cut
off, and be made to ride (through the town) on
a donkey. - If a wife, proud of the greatness of her
relatives or (her own) excellence, violates the duty
which she owes to her lord, the king shall cause - The meaning of the second clause is that if the father
wishes it, the offender is to marry the girl, after paying the nuptial
fee (Kull., Nar.). If the father does not wish to receive the fee,
the offender is to pay an equal sum as a fine to the king (Medh.,
Gov., Ragh.). - According to Medh. and Nar. the verse prescribes three
different punishments, and a Brahmam offender is to be shaved, a
Kshatriya to be led through the streets on a donkey, while women
of other castes are to lose two fingers. According to Gov., Kull., and
Ragh. the punishment is to be regulated by the circumstances.
371-372. Gaut. XXIII, 14-15; Vi. V, 18.
¥111)377- ADULTERY. 319
her to be devoured by dogs in a place frequented li
by many. *
- Let him cause the male offender to be burnt o4
on a red-hot iron bed ; they shall put logs under it, .j
(until) the sinner is burned (to death).
3 j 3. On a man (once) convicted, who is (again)
accused within a year, a double fine (must be in-
flicted) ; even thus (must the fine be doubled) for
(repeated) intercourse with a Vratya and a K&ndaM.
- A 6Yidra who has intercourse with a woman |
of a twice-born caste (vanza), guarded or unguarded,
(shall be punished in the following manner) : if she jA
was unguarded, he loses the part (offending) and all
his property ; if she was guarded, everything (even
his life). - (For intercourse with a guarded Brahmam)
a VaLrya shall forfeit all his property after imprison-
ment for a year ; a Kshatriya shall be fined one
thousand (pa/zas) and be shaved with the urine (of
an ass). - If a Vai^ya or a Kshatriya has connexion
with an unguarded Brahma/d, let him fine the
Vaisya five hundred (pa^as) and the Kshatriya one
thousand. - But even these two, if they offend with a
- ‘A Vratya,’ i.e. ‘ the wife of an Aryan who has not been ini-
tiated’ (Gov., Kull., Ragh.) ; see above, II, 39 ; or ‘ one not married
in proper time’ (Nar. and Medh.), which latter attempts also another
explanation, ‘a public woman’ or ‘one common to several men/
The fine intended is two thousand pa^as (Gov., Kull., Ragh.). - Ap. II, 26, 20; 27, 9; Gaut. XII, 2-3; Vas. XXI, 5, 5;
Baudh. II, 3, 52; Yagfi. II, 286, 294. ‘Guarded,’ i.e. ‘by her
husband or relatives’ (Medh., Kull., Ragh.). - Ap. II, 26, 20; Vas. XXI, 2-3; Yag-w. II, 286. ‘Like a
-Sudra,’ see verse 374.
320 LAWS OF MANU. VIII, 378.
Brahma/zi (not only) guarded (but the wife of an
eminent man), shall be punished like a 6udra or
be burnt in a fire of dry grass.
- A Brahma^a who carnally knows a guarded
Brahma^i against her will, shall be fined one thou-
sand (pa^as) ; but he shall be made to pay five
hundred, if he had connexion with a willing one. - Tonsure (of the head) is ordained for a
Brahma^a (instead of) capital punishment ; but (men
of) other castes shall suffer capital punishment. - Let him never slay a Brahma^a, though he
have committed all (possible) crimes ; let him banish
such an (offender), leaving all his property (to him)
and (his body) unhurt. - No greater crime is known on earth than
slaying a Brahma/za ; a king, therefore, must not
even conceive in his mind the thought of killing
a Brahma/za. - If a VaLsya approaches a guarded female
of the Kshatriya caste, or a Kshatriya a (guarded)
Vaiiya woman, they both deserve the same punish-
ment as in the case of an unguarded Brahma/za
female. - A Brahma/za shall be compelled to pay a
fine of one thousand (pa/zas) if he has intercourse
with guarded (females of) those two (castes) ; for
(offending with) a (guarded) .Sudra female a fine of
one thousand (pa/zas shall be inflicted) on a Ksha-
triya or a Vai^ya. - For (intercourse with) an unguarded Ksha-
triya a fine of fivQ hundred (pa/zas shall fall) on a - According to the commentators the rule of verse 376
applies.
VIII, 390. MISCELLANEOUS RULES. 32 1
Vaisya ; but (for the same offence) a Kshatriya shall
be shaved with the urine (of a donkey) or (pay) the
same fine.
- A Brahma/za who approaches unguarded
females (of the) Kshatriya or VaLsya (castes), or
a 6udra female, shall be fined five hundred (pa/zas) ;
but (for intercourse with) a female (of the) lowest
(castes), one thousand. - That king in whose town lives no thief, no
adulterer, no defamer, no man guilty of violence,
and no committer of assaults, attains the world of
.Sakra (Indra). - The suppression of those five in his domi-
nions secures to a king paramount sovereignty
among his peers and fame in the world. - A sacrificer who forsakes an officiating
priest, and an officiating priest who forsakes a
sacrificer, (each being) able to perform his work
and not contaminated (by grievous crimes), must
each be fined one hundred (pa^as). - Neither a mother, nor a father, nor a wife,
nor a son shall be cast off; he who casts them off,
unless guilty of a crime causing loss of caste, shall
be fined by the king six hundred (pa;/as). - If twice-born men dispute among each other
- ‘A female of the lowest castes,’ i.e. * a iEaW&li ‘ (Gov., Kull.,
Ragh.), or ‘ belonging to the castes of washermen, leather-workers,
actors, basket-makers, fishermen, Medas, or Bhillas ‘ (Nar.). - Vi.V, 196.
- ‘An officiating priest,’ i. e. ‘ one who has sacrificed for his
family since many generations’ (Gov., Nar.). - Vi.V, 163; Yagri. II, 237. * Shall not be cast off,’ i.e. ‘shall
not be refused maintenance or the due respect’ (Medh., Gov., Kull.). - ‘Of the orders,’ i.e. ‘of the four orders’ (Nar., Ragh.), or
‘of the householders’ (Gov., Kull.). Medh. and Nand. take a^rama
05] v
322
LAWS OF MANU.
VIIT, 391.
concerning the duty of the orders, a king who desires
his own welfare should not (hastily) decide (what is)
the law.
- Having shown them due honour, he should,
with (the assistance of) Brahma/zas, first soothe
them by gentle (speech) and afterwards teach them
their duty. - A Brahma^a who does not invite his next
neighbour and his neighbour next but one, (though)
both (be) worthy (of the honour), to a festival at
which twenty Brahma^as are entertained, is liable
to a fine of one masha. - A .SVotriya who does not entertain a virtuous
6rotriya at auspicious festive rites, shall be made to
pay him twice (the value of) the meal and a masha
of gold (as a fine to the king). - A blind man, an idiot, (a cripple) who moves
with the help of a board, a man full seventy years
old, and he who confers benefits on .SVotriyas, shall
not be compelled by any (king) to pay a tax.
not in the sense of ‘ order,’ but of ‘ hermitage,’ and ‘ twice-born men’
in the sense of ‘hermits.’ Nar. explains na vibruyat, ‘shall not
(hastily) decide,’ by ‘ shall not wrongly decide by himself.’
- Vi. V, 94; Y&gn. II, 263. ‘A festival/ i. e. ‘ a wedding
and so forth’ (Medh.), or ‘at which a dinner is given’ (Nand.).
Anuvejya, ‘his next neighbour but one’ (Kull., Nar., Ragh.), means
according to Medh., Gov., and Nand. ‘ he who lives at the back of
his house,’ while the neighbour living opposite is the prativcsya.
‘ Twenty,’ i.e. ‘ twenty or more other Brahmawas’ (Gov.). ‘A masha,’
i. e. ‘ of silver’ (Gov., Kull., Ragh.), or ‘ of gold’ (Medh., Nar.). - ‘A virtuous Srotriya,’ i. e. ‘ a neighbour’ (Gov., Kull., Ragh.),
or ‘ living in the same village’ (Nar.). Medh. says, ‘ one who is not
a neighbour.’ - Ap. II, 26, 10-15; Vas. XIX, 23-24. ‘(A cripple) who
moves with the help of a board’ is not an uncommon sight in the
streets of Indian towns. ‘By any (king),’ i.e. ‘even by one whose
treasury is empty.’
VIII, 399- MISCELLANEOUS RULES. 323
- Let the king always treat kindly a 6rotriya,
a sick or distressed man, an infant and an aged or
an indigent man, a man of high birth, and an honour-
able man (Arya). - A washerman shall wash (the clothes of his
employers) gently on a smooth board of .5almali-
wood ; he shall not return the clothes (of one person)
for those (of another), nor allow anybody (but the
owner) to wear them. - A weaver (who has received) ten palas (of
thread), shall return (cloth weighing) one pala more ;
he who acts differently shall be compelled to pay
a fine of twelve (pa;zas). - Let the king take one-twentieth of that
(amount) which men, well acquainted with the settle-
ment of tolls and duties (and) skilful in (estimating
the value of) all kinds of merchandise, may fix as
the value for each saleable commodity. - Let the king confiscate the whole property of
(a trader) who out of greed exports goods of which
the king has a monopoly or (the export of which is)
forbidden. - Yagri. II, 238. -Salmali, or cotton-tree wood, is naturally
soft (Medh.). - Yagn. II, 179. Instead of ‘twelve (pawas),’ (Kull., Ragh.),
Medh. proposes ‘ twelve (palas),’ Gov. ‘ twelve (times the value of
the thread),’ and Nar. ‘ one-twelfth (of the value of the thread).’
Nand. reads da.raphalam and ekaphaladhikam, and says that the
weaver is to pay to the king the profit of each eleventh piece of
work which he performs. - Yagn. II, 261. Instead of « of that (amount),’ (Medh., Nar.),
Gov., Kull., and Ragh. say ‘ of the profit on that.’ - Yagn. II, 261. Medh. gives as instances of monopolies,
elephants ; in Karaiir, saffron ; in the east, fine cloth and wool ; in
the west, horses ; in the south, precious stones and pearls. Saffron
is still a royal monopoly in Ka^mir.
Y 2
324 LAWS OF MANU. VIII, 400.
- He who avoids a custom-house (or a toll), he
who buys or sells at an improper time, or he who
makes a false statement in enumerating (his goods),
shall be fined eight times (the amount of duty) which
he tried to evade. - Let (the king) fix (the rates for) the purchase
and sale of all marketable goods, having (duly) con-
sidered whence they come, whither they go, how long
they have been kept, the (probable) profit and the
(probable) outlay. - Once in Hyg nights, or at the close of each
fortnight, let the king publicly settle the prices for
the (merchants). - All weights and measures must be duly
marked, and once in six months let him re-examine
them. - At a ferry an (empty) cart shall be made to pay
one pa^a, a mans (load) half a pa^a, an animal and
a woman one quarter of a (pa^a), an unloaded man
one-half of a quarter. - Carts (laden) with vessels full (of merchan-
dise) shall be made to pay toll at a ferry according
to the value (of the goods), empty vessels and men
without luggage some trifle. - Y&gn. II, 262. ‘At an improper time,’ i.e. ‘at night and
so forth’ (Medh., Gov., Nar., Kull, Ragh.). - Yagn. II, 251. Gov. and Kull. say, ‘let the king settle the
price in the presence of those (experts,’ see verse 398). The trans-
lation follows Ragh. The length of the periods depends thereon,
whether the goods vary much in price. Medh. omits this and the
next four verses. - Vas. XIX, 13.
- ‘Empty vessels,’ i.e. such as serve for the transport of
merchandise, jars, leather-bags, baskets, &c. Apari^/^ada^, ‘ men
without luggage,’ may also be translated ‘ men without attendants.’
Kull. and Ragh. say, ‘ poor men.’
VIII, 412. MISCELLANEOUS RULES. 325
- For a long passage the boat-hire must be
proportioned to the places and times ; know that
this (rule refers) to (passages along) the banks of
rivers ; at sea there is no settled (freight). - But a woman who has been pregnant two
months or more, an ascetic, a hermit in the forest,
and Brahma/zas who are students of the Veda,
shall not be made to pay toll at a ferry. - Whatever may be damaged in a boat by the
fault of the boatmen, that shall be made good by the
boatmen collectively, (each paying) his share. - This decision in suits (brought) by passen-
gers (holds good only) in case the boatmen are
culpably negligent on the water; in the case of
(an accident) caused by (the will of) the gods, no
fine can be (inflicted on them). - (The king) should order a Vai^ya to trade,
to lend money, to cultivate the land, or to tend
cattle, and a 6udra to serve the twice-born castes. - (Some wealthy) Brahma^a shall compassion-
ately support both a Kshatriya and a Vaisya, if they
are distressed for a livelihood, employing them on
work (which is suitable for) their (castes). - But a Brahma^a who, because he is powerful,
out of greed makes initiated (men of the) twice-born
(castes) against their will do the work of slaves, shall
be fined by the king six hundred (pa^as). - Vi. V, 132. According to Medh., heterodox monks must
pay, because the word Brahma^a (taken above with students) refers
to all the persons mentioned. - ‘Whatever,’ i.e. ‘merchandise’ (Medh., Nar.), or ‘luggage’
(Gov., Kull, Ragh.). - I.e. he shall employ a poor Kshatriya as watchman, and
aVaisya as herdsman (Medh.). If he employs them in this way,
he is not punishable (Gov., Kull.).
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326 LAWS OF MANU. VIII, 413.
- But a .Sudra, whether bought or unbought,
he may compel to do servile work ; for he was
created by the Self-existent (Svayambhu) to be the
slave of a Brahma^a. - A .Sudra, though emancipated by his master,
is not released from servitude ; since that is innate
in him, who can set him free from it ? - There are slaves of seven kinds, (viz.) he
who is made a captive under a standard, he who
serves for his daily food, he who is born in the
house, he who is bought and he who is given, he
who is inherited from ancestors, and he who is
enslaved by way of punishment. - A wife, a son, and a slave, these three are
declared to have no property ; the wealth which they
earn is (acquired) for him to whom they belong.
413.’ Whether bought or unbought,’ i. e. ‘ whether maintained in
consideration of service or not’ (Gov., Kull., Ragh.), or ‘whether
bought or hired’ (Nar.).
- Medh. says that the last clause is ‘an arthavada, because
further on it will be shown that a slave can be emancipated/ Kull.
thinks that an emancipated -Sudra must still serve Brahma^as or
other Aryans in order to gain spiritual merit. - Medh. rejects the notion that a captive Kshatriya can be
made a slave, and thinks that a captured -Sudra must be meant ; but
see Yfign, II, 183, where it is laid down that Kshatriyas may become
the slaves of Brahmawas and Vaijyas of Brahmawas and Kshatriyas.
Nar. explains dhva^ahntaA, ‘ one made a captive under a standard,’
by ‘ one who has become a slave by marrying a female slave.’ ‘ En-
slaved by way of punishment,’ i. e. ‘ because he cannot pay a debt
or a fine’ (Medh., Gov., Kull., Ragh.), or ‘ also because he left a
religious order’ (see Vi. V, 152), (Nar., Nand.) - According to Medh., Gov., Kull., Ragh., the verse means
only that these persons are unable to dispose of their property
independently. Nar.’s short note (adhiga^/^awti parakarmakara-
fzadina) seems to indicate that he took it to refer to their incapacity
to earn money by working for others.
IX, 2. DUTIES OF HUSBAND AND WIFE. 327
- A Brahma;2a may confidently seize the goods
of (his) 6udra (slave) ; for, as that (slave) can have
no property, his master may take his possessions. — - (The king) should carefully compel VaLsyas
and £udras to perform the work (prescribed) for
them ; for if these two (castes) swerved from their
duties, they would throw this (whole) world into
confusion. - Let him daily look after the completion of
his undertakings, his beasts of burden, and car-
riages, (the collection of) his revenues and the dis-
bursements, his mines and his treasury. - A king who thus brings to a conclusion all
the legal business enumerated above, and removes
all sin, reaches the highest state (of bliss).
Chapter IX.
- I will now propound the eternal laws for a
husband and his wife who keep to the path of
duty, whether they be united or separated. - Day and night women must be kept in depend-
- ‘Confidently’ means according to Medh., Nar., and Nand.
‘ without fearing that he commits the sin of accepting a present
from a -Sudra.’ - Karmantan, ‘the completion of his undertakings’ (Kull.,
Ragh.), means according to Medh., Gov., and Nand. ‘ the works/
i.e. ‘agriculture, offices for collecting tolls and duties, and so forth’
(Medh., Gov.), according to Nar. ‘ the workshops, e. g. for making
arms.’ The last explanation is perhaps the best.
IX. 1. According to Medh., Gov., and Kull. the duties of husband
and wife are placed in the section on civil and criminal law, because
the king can and even is bound to enforce their observance by
punishments, if either of the two raises a complaint. ‘ Separated,’
i. e. ‘ when the husband is absent or dead’ (Nar., Ragh.).
2-3. Gaut. XVIII, 1 ; Vas. V, 1-2 ; Baudh. II, 3, 44-45 ; Vi. V,
1-2 ; Ya^l. I, 85.
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328 LAWS OF MANU. IX, 3.
ence by the males (of) their (families), and, if they
attach themselves to sensual enjoyments, they must
be kept under one’s control.
.3. Her father protects (her) in childhood, her
husband protects (her) in youth, and her sons pro-
/ tect (her) in old age ; a woman is never fit for
1 independence.
- Reprehensible is the father who gives not (his
daughter in marriage) at the proper time ; reprehen-
sible is the husband who approaches not (his wife in
due season), and reprehensible is the son who does
not protect his mother after her husband has died. - Women must particularly be guarded against
evil. inclinations, however trifling (they may appear);
^ for, if they are not guarded, they will bring sorrow
on two families.
- Considering that the highest duty of all castes,
even weak husbands (must) strive to guard their
wives. - He who carefully guards his wife, preserves (the
purity of) his offspring, virtuous conduct, his family,
himself, and his (means of acquiring) merit. - ‘ Must be kept under one’s control,’ i. e. ‘ they must be restrained
from their vicious attachment’ (atmano vaje sthapya yatha na sa-
^■yante), (Nar.) - Yagn. I, 64. c At the proper time,’ i. e. before she is marriage-
able; see Gaut. XVIII, 21; Vas. XVII, 67-71. ‘The husband,’
see Baudh. IV, 1, 17-19, and above, III, 45. After this verse K.
inserts another, not mentioned by the commentators, ‘ If the wife is
guarded, the (purity of the) offspring is secured thereby; if the
(purity of the) offspring is secured, oneself is secure.’ - Yagn. I, 81. ‘Weak husbands/ i.e. ‘blind, lame, or poor
ones, &c.’ (Kull., Ragh.). - ‘ His family,’ i. e. ‘ his ancestors,’ because legitimate sons alone
can offer the -Sraddhas (Medh., Gov., Kull.), or ‘his relatives,’ because
adultery brings dishonour (Medh., Ragh.), or ‘ the position of the
TX, 13. DUTIES OF HUSBAND AND WIFE. 329
- The husband, after conception by his wife, be- Jv
comes an embryo and is born again of her ; for that ]g
is the wifehood of a wife (^aya), that he is born **
(^ayate) again by her. - As the male is to whom a wife cleaves, even
so is the son whom she brings forth ; let him there-
fore carefully guard his wife, in order to keep his
offspring pure. - No man can completely guard women by
force ; but they can be guarded by the employment
of the (following) expedients : - Let the (husband) employ his (wife) in the
collection and expenditure of his wealth, in keeping
(everything) clean, in (the fulfilment of) religious
duties, in the preparation of his food, and in looking
after the household utensils. - Women, confined in the house under trust-
worthy and obedient servants, are not (well) guarded ;
but those who of their own accord keep guard over
themselves, are well guarded. - Drinking (spirituous liquor), associating with
wicked people, separation from the husband, ram-
bling abroad, sleeping (at unseasonable hours), and
dwelling in other men’s houses, are the six causes
of the ruin of women.
family’ (Nar.), or ‘his property’ (Ragh.). ‘ Himself,’ i. e. ‘ because
legitimate children alone can offer the -Sraddhas’ (Gov., Kull.,
Ragh.), or ‘ because an adulteress and her paramour are likely to
attempt his life’ (Medh.). ‘ His (means of acquiring) merit,’ i. e.
1 because the husband of an adulteress is not entitled to kindle the
sacred fire’ (Gov., Kull., Ragh.). N£r. says, ‘ his duty (as a house-
holder).’
- Ya§™. I, 56. The idea is taken from the Veda ; see e.g. Aita-
reya-brahma/za VII, 13, to which Kull. refers. - ‘Associating with wicked people,’ i. e. ‘with other unfaithful
wives’ (Nar.), or ‘with adulterers’ (Ragh.). >
330
LAWS OF MANU.
IX, T4.
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- Women do not care for beauty, nor is their
attention fixed on age; (thinking), ‘(It is enough
that) he is a man/ they give themselves to the hand-
some and to the ugly. - Through their passion for men, through their
mutable temper, through their natural heartlessness,
they become disloyal towards their husbands, how-
ever carefully they may be guarded in this (world). - Knowing their disposition, which the Lord of
creatures laid in them at the creation, to be such,
(every) man should most strenuously exert him-
self to guard them. - (When creating them) Manu allotted to
women (a love of their) bed, (of their) seat and
(of) ornament, impure desires, wrath, dishonesty,
malice, and bad conduct. - For women no (sacramental) rite (is per-
formed) with sacred texts, thus the law is settled ;
women (who are) destitute of strength and destitute
of (the knowledge of) Vedic texts, (are as impure
as) falsehood (itself), that is a fixed rule. m - And to this effect many sacred texts are sung
also in the Vedas, in order to (make) fully knowi
the true disposition (of women) ; hear (now those
texts which refer to) the expiation of their (sins). - ‘If my mother, going astray and unfaithful,
conceived illicit desires, may my father keep that
seed from me,’ that is the scriptural text.
L6
- The sacramental rites meant are the birth-ceremony and so
forth; see also above, II, 66. ‘Destitute of strength ‘ (Gov.), i.e.
4 of firmness, intelligence, bodily strength, &c.’ (Medh., Nand.).
The second half verse is closely allied to that quoted Baudh. II,
3, 46, and, like the latter, probably a modification of a Vedic
passage. - The verse is a slightly altered Mantra which occurs in the
IX, 24. DUTIES OF HUSBAND AND WIFE. 331
- If a woman thinks in her heart of anything
that would pain her husband, the (above-mentioned
text) is declared (to be a means for) completely re-
moving such infidelity. - Whatever be the qualities of the man with
whom a woman is united according to the law, such
qualities even she assumes, like a river (united) with
the ocean. - Akshamala, a woman of the lowest birth,
being united to VasishMa and Sarangi, (being
united) to Mandapala, became worthy of honour. - These and other females of low birth have
Sahkhayana Grzhya-sutra III, 13, and in the Aaturmasya portion of
the Kanaka recension of the Black Ya^ur-veda. According to the
former work it is to be recited by an Anyatrakarawa, ‘ the son of a
paramour.’ But the Ka/^as prescribe its use by every sacrificer who
offers a A^aturmasya sacrifice. Medh., Gov., and Kull. probably
allude to the custom of the latter school when they say that the
Mantra must be recited by every sacrificer, and that its viniyoga or
destination is to be repeated at the A^aturmasya and at the Anvash-
/aka-jraddha. Gov., Kull., Ragh., Nar., and Nand. explain reta^,
1 seed,’ by matnra^orupaw skannam, and vrmktam, ‘ may he keep
away/ either by bha^atam (svikarotu, Nar., Nand.), ‘ may he take for
himself/ or by jodhayatu, ‘may he purify’ (Gov., Kull., Ragh.).
Medh. likewise knows the last explanation. But he gives also
another, reta^ pitu^ sambandhi yad reta^ ^ukram, and vrmktam,
apanudatu, which comes nearer to that given above. Nidarjanam,
‘a scriptural text/ means according to Medh., dr/sh/anta^, ‘an
example/ and the other commentators explain it similarly.
- I.e. as a river becomes salt after uniting with the ocean. It
must be borne in mind that, according to the Indian poets, the
rivers are the wives of the ocean. - Akshamala or Arundhati was a A^aWali (Gov., Ragh.), and
became, as the -SYuti states (Ragh.), with the permission of the
i\?zshis, the wife of the sage Vasish//$a. The story of Mandapala is
told in the Mahabharata I, 8335 seq. (Adhy. 229). Medh., Gov.,
and K. read Sarngi instead of -Sarangi or Sarangi.
332
LAWS OF MANU.
IX, 25.
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ty
attained eminence in this world by the respective
good qualities of their husbands.
- Thus has been declared the ever pure
popular usage (which regulates the relations) be-
tween husband and wife ; hear (next) the laws con-
cerning children which are the cause of happiness in
this world and after death. - Between wives (striya^) who (are destined)
to bear children, who secure many blessings, who
are worthy of worship and irradiate (their) dwel-
lings, and between the goddesses of fortune (mya/£,
who reside) in the houses (of men), there is no
difference whatsoever. - The production of children, the nurture of
those born, and the daily life of men, (of these
matters) woman is visibly the cause. - Offspring, (the due performance of) religious
rites, faithful service, highest conjugal happiness
and heavenly bliss for the ancestors and oneself,
depend on one’s wife alone. - She who, controlling her thoughts, speech, and
acts, violates not her duty towards her lord, dwells
with him (after death) in heaven, and in this world
is called by the virtuous a faithful (wife, sadhvl). - But for disloyalty to her husband a wife is
censured among men, and (in her next life) she is
born in the womb of a jackal and tormented by
diseases, the punishment of her sin. - Instead of pratyaham, ‘ the daily (life of men),’ Medh. and
Nar. read pratyartham, ‘(the life of men) in all its details,’ and Gov.
prityartham, ‘ the friendly intercourse of men,’ because he who has
no wife cannot entertain others (Gov., Kull., Ragh.). Medh. mentions
also another reading, pratyardham. - Identical with V, 165.
- Vas. XXI, 14 ; see also above, V, 164.
IX, 36. DUTIES OF HUSBAND AND WIFE. ^^
- Listen (now) to the following holy discussion,
salutary to all men, which the virtuous (of the pre-
sent day) and the ancient great sages have held
concerning male offspring. - They (all) say that the male issue (of a
woman) belongs to the lord, but with respect to the
(meaning of the term) lord the revealed texts differ ;
some call the begetter (of the child the lord), others
declare (that it is) the owner of the soil. - By the sacred tradition the woman is declared |
to be the soil, the man is declared to be the seed ;
the production of all corporeal beings (takes place)
through the union of the soil with the seed. J
- In some cases the seed is more distinguished,
and in some the womb of the female ; but when
both are equal, the offspring is most highly
esteemed. - On comparing the seed and the receptacle
(of the seed), the seed is declared to be more im-<A
portant ; for the offspring of all created beings is
marked by the characteristics of the seed. - Whatever (kind of) seed is sown in a field,
prepared in due season, (a plant) of that same kind, - Ap. II, 13, 6-7 ; Gaut. XVIII, 9-14 ; Vas. XVII, 6-9, 63-64.
Thus Gov., Kull., Ragh., and Nand. But Medh., Nar., and K.
(prima manu) read kartari instead of bhartari, and with this reading
the verse has to be translated as follows : ‘ They (all) declare that a
(lawfully begotten) son belongs to the husband, but with respect to
the begetter (of a child on another’s wife) there is a conflict between
the revealed texts ; some declare the begetter (to be the owner of
the son), others that (he belongs to the) owner of the soil.’ - The commentators point out the cases of Vyasa and i?/shya-
jrihga as instances of the truth of the first proposition, and of
Dhn’tarash/ra and other Kshetra^-as as instances of the second.
1 Equal,’ i. e. ‘ belonging to the same owner and to the same class’
(Medh.).
334
LAWS OF MANU.
IX, 37-
marked with the peculiar qualities of the seed,
springs up in it.
3 j. This earth, indeed, is called the primeval
womb of created beings ; but the seed develops not
in its development any properties of the womb.
- In this world seeds of different kinds, sown
at the proper time in the land, even in one field,
come forth (each) according to its kind. - The rice (called) vrlhi and (that called) sail,
mudga-beans, sesamum, masha-beans, barley, leeks,
and sugar-cane, (all) spring up according to their
seed. - That one (plant) should be sown and another
be produced cannot happen ; whatever seed is sown,
(a plant of) that kind even comes forth. - Never therefore must a prudent well- trained
man, who knows the Veda and its Angas and desires
long life, cohabit with another’s wife. - With respect to this (matter), those acquainted
with the past recite some stanzas, sung by Vayu
(the Wind, to show) that seed must not be sown
by (any) man on that which belongs to another. - As the arrow, shot by (a hunter) who after-
wards hits a wounded (deer) in the wound (made by - ‘Develops not any properties of the womb,’ i. e. ‘shows no
properties such as being composed of earth’ (Medh., Gov., Kull.). - Vrihi, i.e. such rice as ripens in sixty days (shash/ika); .rali,
i.e. ‘ red rice, which ripens in the cold season’ (Gov., Nar.). Mudga,
i. e. Phaseolus Mungo (mug) ; masha, i. e. Phaseolus Radiatus. - Vi^wana, ‘the knowledge of the Ahgas’ (Kull.), means
according to Medh. and Nar., ‘ profane knowledge ; ‘ according to
Ragh., ‘ the tradition.’ Nand. inverts the order, and says, ‘profane
and sacred learning.’ - Or, according to a second explanation offered by Medh., ‘As
the arrow of the hunter who hits a wounded deer is shot into the
air (as it were) and becomes useless.’
IX, 47* DUTIES OF HUSBAND AND WIFE. 335
another), is shot in vain, even so the seed, sown on
what belongs to another, is quickly lost (to the
sower).
- (Sages) who know the past call this earth
(przthivi) even the wife of Frzthu ; they declare a
field to belong to him who cleared away the timber,
and a deer to him who (first) wounded it. - He only is a perfect man who consists (of
three persons united), his wife, himself, and his off-
spring ; thus (says the Veda), and (learned) Brah-
ma^as propound this (maxim) likewise, ‘ The hus-
band is declared to be one with the wife/ - Neither by sale nor by repudiation is a wife
released from her husband ; such we know the law
to be, which the Lord of creatures (Pra^apati) made
of old. - Once is the partition (of the inheritance)
made, (once is) a maiden given in marriage, (and)
once does (a man) say, ‘ I will give ;’ each of those
three (acts is done) once only. - ‘ Though the earth, after she belonged to Prz’thu, was
possessed by many kings, yet she is called Prz”thivi, or Prz’thvi,
after her first owner Pn’thu’ (Medh., Nar.). - In confirmation of the first maxim the commentators adduce
a passage of the Va^asaneyi-brahmawa ; see also Ap. II, 14, 16. - The meaning is that a wife, sold or repudiated by her hus-
hand, can never become the legitimate wife of another who may
have bought or received her after she was repudiated (Medh.). - Yagfi. I, 65. ‘A partition (of the inheritance),’ i. e. ‘ one
which has been made in accordance with the law, not one made
unjustly’ (Gov., Kull., Ragh.). Medh. mentions two other ex-
planations: 1. * if one of the coparceners complains afterwards that
he has received too little, he is entitled only to have the particular
point readjusted, not to annul the whole division;’ 2. ‘if after the
division it appears that one of the coparceners was disqualified by
bodily defects and ought not to have received a share, the portion
336
LAWS OF MANU.
IX, 48.
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- As with cows, mares, female camels, slave-
girls, buffalo-cows, she-goats, and ewes, it is not the
begetter (or his owner) who obtains the offspring,
even thus (it is) with the wives of others. - Those who, having no property in a field, but
possessing seed-corn, sow it in another’s soil, do
indeed not receive the grain of the crop which may
spring up. - If (one man’s) bull were to beget a hundred
calves on another man’s cows, they would belong to
the owner of the cows ; in vain would the bull have
spent his strength. - Thus men who have no marital property in
women, but sow their seed in the soil of others,
benefit the owner of the woman ; but the giver of
the seed reaps no advantage. - If no agreement with respect to the crop has
been made between the owner of the field and the
owner of the seed, the benefit clearly belongs to the
owner of the field ; the receptacle is more important
than the .sged. ^ 35 jfr bv\t^d«^i^ - But if by a special contract (a field) is made
over (to another) for sowing, then the owner of the
seed and the owner of the soil are both considered
in this world as sharers of the (crop). - If seed be carried by water or wind into
made over to him cannot be resumed by the others.’ Nar. refers
the phrase ‘I will give’ to a verbal promise to give a girl, made
without a libation of water. I read with Medh., Gov., Ragh.,
Nand., and K. sakrzt sakn’t, instead of satazrc sakrz’t, ‘ those three
(acts are done) once among good men.’ The object of the verse
is to show that a marriage is indissoluble, because a girl can be
given once only (Kull., Nand.).
- Vas. XVII, 8.
- I read with Gov., Ragh., and K. bigi, ‘ the owner of the
IX, 59- DUTIES OF HUSBAND AND WIFE. 337
somebody’s field and germinates (there), the (plant
sprung from that) seed belongs even to the owner
of the field, the owner of the seed does not receive
the crop.
- Know that such is the law concerning the
offspring of cows, mares, slave-girls, female camels,
she-goats, and ewes, as well as of females of birds
and buffalo-cows. __ - Thus the comparative importance of the seed
and of the womb has been declared to you ; I will
next propound the law (applicable) to women in
times of misfortune. - The wife of an elder brother is for his j
younger (brother) the wife of a Guru ; but the wife
of the younger is declared (to be) the daughter-in- j
law of the elder. - An elder (brother) who approaches the wife |
of the younger, and a younger (brother who ap- ^
proaches) the wife of the elder, except in times
of misfortune, both become outcasts, even though j
(they were duly) authorised. - On failure of issue (by her husband) a woman
who has been authorised, may obtain, (in the) proper
(manner prescribed), the desired offspring by (coha-
bitation with) a brother-in-law or (with some other)
Sapinda. (of the husband).
seed/ instead of vapta, ‘ the sower of the seed’ (Medh., Kull.,
Nand.).
- ‘ Such is the law/ i.e. what has been stated in verses 48-54.
, 56. ‘ In times of misfortune/ i.e. ‘when there is no male offspring.’ - Guru means here, according to Ragh., ‘the father.’ As the
younger brother’s wife is called ‘the daughter-in-law’ of the elder,
tl)e explanation is probably correct.
58-63. Gaut. XVIII, 4-8; Vas. XVII, 56-61; Baudh. II, 4,
9-10; Y&gfi. I, 68-69.
- A woman can be authorised by her husband, or after his
[25] z
338 LAWS OF MANU. IX, 60
- He (who is) appointed to (cohabit with) the
widow shall (approach her) at night anointed with
clarified butter and silent, (and) beget one son, by no
means a second. - Some (sages), versed in the law, considering
the purpose of the appointment not to have been
attained by those two (on the birth of the first),
think that a second (son) may be lawfully procreated
on (such) women. - But when the purpose of the appointment
to (cohabit with) the widow has been attained in
accordance with the law, those two shall behave
towards each other like a father and a daughter-
in-law. - If those two (being thus) appointed deviate
from the rule and act from carnal desire, they will
both become outcasts, (as men) who defile the bed
of a daughter-in-law or of a Guru. - By twice-born men a widow must not be
appointed to (cohabit with) any other (than her hus-
band) ; for they who appoint (her) to another (man),
will violate the eternal law.
death by his relatives. ‘ On failure of issue,’ i. e. ‘ of sons’ (Gov.,
Ragh., Nand.), or ‘ of sons and of an appointed daughter’ (Medh.).
If the son born is not fit to offer the -S’raddhas, a second may be
begot (Medh., Kull., Nar.).
- According to the commentators, the expression ‘ the widow’
is not intended to prohibit an appointment by a diseased or
impotent husband. - ■ Because the Sish/as say, ” He who has one son only, has no
son'” (Medh., Gov., Kull., Ragh.). - ‘ Those two,’ i.e. ‘ the elder brother and the female appointed.’
- ‘ Those two,’ i. e. ‘ an elder or younger brother/ ‘ The rule,’
see verse 60. For the las’- ~*ause, compare verse 57.
64-68. These verses flatly contradict the rules given in the pre-
ceding ones. But it by no means follows that they are a modern
IX, 70- DUTIES OF HUSBAND AND WIFE. 339
- In the sacred texts which refer to marriage
the appointment (of widows) is nowhere mentioned,
nor is the re-marriage of widows prescribed in the
rules concerning marriage. - This practice which is reprehended by the
learned of the twice-born castes as fit for cattle is
said (to have occurred) even among men, while
Vena ruled. - That chief of royal sages who formerly
possessed the whole world, caused a confusion of
the castes (vanza), his intellect being destroyed
by lust. - Since that (time) the virtuous censure that
(man) who in his folly appoints a woman, whose
husband died, to (bear) children (to another man). - If the (future) husband of a maiden dies after
troth verbally plighted, her brother-in-law shall wed
her according to the following rule. - Having, according to the rule, espoused her
(who must be) clad in white garments and be intent
addition. For the same view is expressed by Ap. II, 27, 2-6, and
was held, according to Baudh. II, 3, 34, by Aupa^andhani. More-
over the Brzhaspati Smrz’ti states expressly (Colebrooke IV, Dig.
CLVII) that the contradictory statement occurred in the Manava
Dharmajastra, known to its author.
- In his commentary on verse 66 Medh. points out that in
other sacred texts, Rig-veda X, 40, 2, the Niyoga is mentioned. - According to the epic and Pauramc tradition Vena was- the
father of Pnthu, and a godless king, who demanded that the sacri-
fices should be offered to himself, not to the gods. He was, there-
fore, cut to pieces by the Brahmawas with blades of Kma grass.
But hitherto no other passage has been found where it is stated
that he introduced the practice of Niyoga. Possibly the assertion
of the Manava may have grown out of the etymological import of
the word vena, ‘ full of desire or lust/ - The child born by a female thus married belongs, as the
commentators point out, to her deceased betrothed.
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34O LAWS OF MANU. TX, 71
on purity, he shall approach her once in each proper
season until issue (be had).
- Let no prudent man, after giving his daughter
to one (man), give her again to another ; for he who
gives (his daughter) whom he had before given,
incurs (the guilt of) speaking falsely regarding a
human being.
J2. Though (a man) may have accepted a damsel
in due form, he may abandon (her if she be)
blemished, diseased, or deflowered, and (if she have
^K been) given with fraud.
- If anybody gives away a maiden possessing
blemishes without declaring them, (the bridegroom)
may annul that (contract) with the evil-minded giver. - A man who has business (abroad) may de-
part after securing a maintenance for his wife ; for a
wife, even though virtuous, may be corrupted if she
be distressed by want of subsistence. - If (the husband) went on a journey after pro-
viding (for her), the wife shall subject herself to
restraints in her daily life ; but if he departed with-
out providing (for her), she may subsist by blame-
less manual work. - Yagri. I, 65 ; Vi. XXV, 9-10. Regarding the guilt incurred,
see above, VIII, 98. Medh. and Nand. say that the verse is meant
to forbid the marriage of a girl whose betrothed died. But Kull.
thinks that it refers to all cases where a betrothal has taken place,
and that it removes a doubt which might arise through a too strict
interpretation of VIII, 227. - ‘In due form/ i.e. ‘with a libation of water and in the
presence of Brahma^as’ (Medh., Kull., Ragh.). ‘ Blemished/ i. e.
‘by evil bodily marks’ (Medh., Kull., Ragh., Nand.), or ‘by being
of a base family’ (Nar.). - See above, VIII, 205, 224.
- Nand. inserts verses 95-96 after this.
- Yagri. I, 84. ‘Shall subject herself to restraints in her daily
IX, 8o. DUTIES OF HUSBAND AND WIFE. 341
j6. If the husband went abroad for some sacred
duty, (she) must wait for him eight years, if (he
went) to (acquire) learning or fame six (years), if (he
went) for pleasure three years.
j j. For one year let a husband bear with a wife
who hates him ; but after (the lapse of) a year let
him deprive her of her property and cease to cohabit
with her.
- She who shows disrespect to (a husband) who
is addicted to (some evil) passion, is a drunkard, or
diseased, shall be deserted for three months (and be)
deprived of her ornaments and furniture. - But she who shows aversion towards a mad
or outcast (husband), a eunuch, one destitute of
manly strength, or one afflicted with such diseases as
punish crimes, shall neither be cast off nor be de-
prived of her property. - She who drinks spirituous liquor, is of bad
life/ i.e. ‘shall not adorn herself, nor visit the houses of strangers,
or go to festivals’ (Medh., Kull., Ragh.).
- Gaut. XVIII, 15, 17; Vas.XVII, 75-80. Kull, Nar., and
Ragh. declare that after the expiration of the terms mentioned the
wife shall go to seek her husband. Nand. says, ‘ the meaning is
that no sin is committed if she afterwards takes another husband.’
Medh. holds that she shall support herself, as before, by blameless
occupations and remain chaste. He mentions the opinion of
others, according to which she may take another husband in
accordance with Narada’s and Parajara’s precepts, but rejects it.
‘ For pleasure,’ i. e. ‘ in order to gain the favours of another woman
whom he prefers’ (Medh., Kull., Ragh.). - ‘ Her property,’ i.e. ‘ the ornaments and other wealth given to
her by himself (Kull., Ragh., Nand.), or ‘ her separate property,
which he may have given to her’ (stridhana, Nar.). The com-
mentators add that she must, however, be maintained. - ‘Addicted to (some evil) passion,’ i.e. ‘to gambling and so
forth’ (Kull., Nar.), or ‘ to avarice’ (Ragh.).
80-81. Baudh. II, 4, 6; Y&gfi. I, 73.
- ‘Diseased,’ i.e. ‘afflicted with leprosy or the like’ (Kull.);
342 LAWS OF MANU. IX, 81.
conduct, rebellious, diseased, mischievous, or waste-
ful, may at any time be superseded (by another
wife).
8 1. A barren wife may be superseded in the
eighth year, she whose children (all) die in the tenth,
she who bears only daughters in the eleventh, but
she who is quarrelsome without delay.
- But a sick wife who is kind (to her husband)
and virtuous in her conduct, may be superseded
(only) with her own consent and must never be
disgraced. - A wife who, being superseded, in anger de-
parts from (her husband’s) house, must either be
instantly confined or cast off in the presence of the
family. - But she who, though having been forbidden,
drinks spirituous liquor even at festivals, or goes to
public spectacles or assemblies, shall be fined six
krzsh/zalas. - If twice-born men wed women of their own
and of other (lower castes), the seniority, honour,
and habitation of those (wives) must be (settled)
according to the order of the castes (vama). - Among all (twice-born men) the wife of equal
caste alone, not a wife of a different caste by any
means, shall personally attend her husband and
assist him in his daily sacred rites.
8 J. But he who foolishly causes that (duty) to be
1 mischievous,’ i.e. ‘ who beats or ill-treats her children, servants, &c.’
(Medh., Nar., Kull.).
- ‘Of the family,’ i. e. ‘ of her own and the husband’s family’
(Medh.), or • of her own family’ (Kull., Nar.). - Vi. XXVI, i ; YSgn. I, 88. < Personally attend,’ i. e. ‘ prepare
and bring his food, &c.’ (Medh., Kull., Ragh.). - Vi. XXVI, 2. Instead of ‘by the ancients ‘ (Kull., Ragh.,
IX, 93′ DUTIES OF HUSBAND AND WIFE. 343
performed by another, while his wife of equal caste
is alive, is declared by the ancients (to be) as (despi-
cable) as a Aa/zdala (sprung from the) Brahma^a
(caste).
- To a distinguished, handsome suitor (of) equal
(caste) should (a father) give his daughter in ac-
cordance with the prescribed rule, though she have
not attained (the proper age). - (But) the maiden, though marriageable, should
rather stop in (the father’s) house until death, than
that he should ever give her to a man destitute of
good qualities. - Three years let a damsel wait, though she be
marriageable ; but after that time let her choose for
herself a bridegroom (of) equal (caste and rank). - If, being not given in marriage, she herself
seeks a husband, she incurs no guilt, nor (does) he
whom she weds. - A maiden who choses for herself, shall not
take with her any ornaments, given by her father or
her mother, or her brothers ; if she carries them
away, it will be theft. - But he who takes (to wife) a marriageable
Nand.), Medh. says, ‘ since olden times,’ Nar. ‘ in the Pura//a.’
Regarding the origin of the ^aw^/alas, see below, X, 12.
88-92. Gaut. XVIII, 20-23; Vas. XVII, 69-71; Baudh. IV, 1,
n-14; Vi. XXIV, 40-41; Y&gn. I, 64.
- ‘Though she have not attained (the proper age)/ i.e. ‘the age
of eight years’ (Kull., Nar., Ragh.), or ‘before she is bodily fit for
marriage ‘(Medh., Nand.). Medh. specially objects to the first opinion,
‘ because men greedy of money give even an infant in marriage.’ - I read with Medh. and Nand., steyaw syat, instead of stena
syat, ‘she will be a thief (Kull., Ragh., K.). Medh. mentions
another reading, stena^ syat, ‘ he, i.e. the bridegroom, will be a thief.’ - Medh. says that this verse, according to ‘ some,’ does not
belong to Manu (ke/l’id ahu-6 amanavo ‘yam slokak).
344 LAWS OF MANU. IX, 94.
4
i
damsel, shall not pay any nuptial fee to her father ;
for the (latter) will lose his dominion over her in
consequence of his preventing (the legitimate result
of the appearance of) her menses.
- A man, aged thirty years, shall marry a
maiden of twelve who pleases him, or a man of
twenty-four a girl eight years of age ; if (the per-
formance of) his duties would (otherwise) be im-
peded, (he must marry) sooner. - The husband receives his wife from the gods,
(he does not wed her) according to his own will ;
doing what is agreeable to the gods, he must always
support her (while she is) faithful. - To be mothers were women created, and to
be fathers men ; religious rites, therefore, are or-
dained in the Veda to be performed (by the hus-
band) together with the wife. - If, after the nuptial fee has been paid for a
maiden, the giver of the fee dies, she shall be given
in marriage to his brother, in case she consents. - Medh. and Kull. point out that this verse is not intended to
lay down a hard and fast rule, but merely to give instances of suit-
able ages. ‘ If (the performance of) his duties would be impeded,
&c.,’ i. e. ‘ if he has finished his studentship earlier, he must marry
at once in order to be able to fulfil his duties as a householder’
(Kull., Nar., Ragh.). - ‘From the gods,’ i.e. ‘from those mentioned in the Mantras
recited at the wedding, e. g. from Bhaga, Aryaman, Savitrz’, &c/
(Kull., Ragh.), or ‘from Agni’ (Nar.), or ‘from Soma, the Gan-
dharva, and Agni’ (Medh., Nand.). Medh. reads vindetaniffiaya,
‘shall wed without a wish on his part,’ but mentions the other
reading, vindate nekkkaya, too. According to Medh., Kull., and
Ragh., a faithful wife must be supported, even if she does not love
her husband. - ‘His brother,’ i.e. ‘his full brother, who is even (as) the
deceased himself (Nar.). Regarding the nuptial fee, and the
IX, 104- DUTIES OF HUSBAND AND WIFE. 345
- Even a 6udra ought not to take a nuptial fee,
when he gives away his daughter ; for he who takes
a fee sells his daughter, covering (the transaction by
another name). - Neither ancients nor moderns who were good
men have done such (a deed) that, after promising
(a daughter) to one man, they gave her to another ; - Nor, indeed, have we heard, even in former
creations, of such (a thing as) the covert sale of a
daughter for a fixed price, called a nuptial fee.
1 01. ‘ Let mutual fidelity continue until death/
this may be considered as the summary of the
highest law for husband and wife.
- Let man and woman, united in marriage,
constantly exert themselves, that (they may not be)
disunited (and) may not violate their mutual fidelity. - Thus has been declared to you the law for a
husband and his wife, which is intimately connected
with conjugal happiness, and the manner of raising
offspring in times of calamity ; learn (now the law
concerning) the division of the inheritance. - After the death of the father and of the
mother, the brothers, being assembled, may divide
among themselves in equal shares the paternal (and
the maternal) estate ; for, they have no power (over
it) while the parents live.
contradiction between this and the next verses, see note on
VIII, 204.
- Nand. places this verse after the next.
- Gaut. XXVIII, 1; Baudh. II, 3, 8; Y&gn. II, 117. The
father’s estate is to be divided after the father’s death, and the
mother’s estate after the mother’s death (Kull., Nar., Ragh.,
Nand.). The mother’s estate devolves on the sons only on failure
of daughters (Nar.). The word urdhvam, ‘after/ indicates by
implication that the rule holds good in the case of the (father’s)
r
4
346 LAWS OF MANU. IX, 105.
- (Or) the eldest alone may take the whole
paternal estate, the others shall live under him just
as (they lived) under their father. - Immediately on the birth of his first-born a
man is (called) the father of a son and is freed from
the debt to the manes ; that (son), therefore, is
worthy (to receive) the whole estate. - That son alone on whom he throws his debt
and through whom he obtains immortality, is be-
gotten for (the fulfilment of) the law; all the rest
they consider the offspring of desire. - As a father (supports) his sons, so let the
eldest support his younger brothers, and let them
also in accordance with the law behave towards their
eldest brother as sons (behave towards their father). - The eldest (son) makes the family prosperous
or, on the contrary, brings it to ruin ; the eldest (is
considered) among men most worthy of honour, the
eldest is not treated with disrespect by the virtuous.
no. If the eldest brother behaves as an eldest
brother (ought to do), he (must be treated) like a
turning ascetic (Ragh.). The equal division takes place if the
eldest does not desire to receive an additional share (Kull.). The
last clause shows that a division of the property may take place
with the parents’ permission during their lifetime (Kull., Nar.,
Ragh.).
- Gaut. XXVIII, 3 ; Baudh. II, 3, 13. I.e. if the eldest son
is virtuous (Kull., Ragh.), or possesses particularly eminent qualities,
while the others are less distinguished (Nar.). - Regarding the debt, see Vas. XI, 48.
- This verse alludes to the Vedic text quoted, Vas. XVII, 1 ;
Vi.XV,45.
- I.e. if they make no division and the eldest takes the whole
estate (Kull.). Nand. places this verse after the next.
no. ‘Behaves as an eldest brother (ought to do),’ i. e. ‘duly
protects and educates the younger ones ‘ (Medh., Kull., Nar., Ragh.).
IX, ii4. INHERITANCE. 347
mother and like a father ; but if he behaves in a
manner unworthy of an eldest brother, he should
yet be honoured like a kinsman.
in. Either let them thus live together, or apart,
if (each) desires (to gain) spiritual merit ; for (by
their living) separate (their) merit increases, hence
separation is meritorious.
- The additional share (deducted) for the
eldest shall be one-twentieth (of the estate) and
the best of all chattels, for the middlemost half of
that, but for the youngest one-fourth. - Both the eldest and the youngest shall take
(their shares) according to (the rule just) stated ;
(each of) those who are between the eldest and the
youngest, shall have the share (prescribed for the)
middlemost. - Among the goods of every kind the eldest
shall take the best (article), and (even a single
chattel) which is particularly good, as well as the
best of ten (animals).
‘Like a kinsman/ i.e. Mike a maternal or paternal uncle’ (Medh.,
Kull., Ragh.); see also below, verse 213.
in. Gaut. XXVIII, 4. ‘(Their) merit increases,’ i.e. ‘each of
them has to kindle the sacred fire, to offer separately the Agni-
hotra, the five great sacrifices and so forth, and hence each gains
separately merit’ (Medh., Kull.).
- Gaut. XXVIII, 5-7; Baudh. II, 3, 9; Vi. XVIII, 37;
Y&gfi. II, 114. ‘ The remainder shall be divided equally,’ see verse
116 (Medh., Kull., Nar., Ragh.). Medh. says that ‘ some’ declare
that the rules on the unequal partition refer to past times, and
have no authority for the Kaliyuga. But he rejects this view. - The object of the verse is to show that no difference shall
be made between sons intervening between the eldest and the
youngest, however great their number may be (Kull., Ragh.). - Gaut. XXVIII, 11-13; Baudh. II, 3, 6. ‘(Even a single
chattel) which is particularly good,’ i.e. ‘a dress or an orna-
ment’ (Medh.), or ‘ something impartible like an idol ‘ (Nand.).
348 LAWS OF MANU.
- But among (brothers) equally skilled in their
occupations, there is no additional share, (consisting
of the best animal) among ten ; some trifle only shall
be given to the eldest as a token of respect. - If additional shares are thus deducted, one
must allot equal shares (out of the residue to each) ;
but if no deduction is made, the allotment of the
shares among them shall be (made) in the following
manner. - Let the eldest son take one share in excess,
the (brother) born next after him one (share) and a
half, the younger ones one share each ; thus the law
is settled. - But to the maiden (sisters) the brothers shall
severally give (portions) out of their shares, each out
of his share one-fourth part ; those who refuse to
give (it), will become outcasts.
‘ The best of ten animals/ thus Kull., Nar., Ragh., according
to Gaut. XXVIII, 12, where they read da^ata^ pa^unam, instead
of da^atam. Medh. gives the same explanation, but applies the
rule also to clothes and ornaments. He adds, that ‘others’
explain the text in accordance with Vas. XVII, 43, ‘And a tithe (of
the cattle and horses).’ Nand. nearly agrees with Medh.’s opinion,
as he says that everything shall be divided into ten shares, and the
eldest shall take one in excess. All the commentators agree that
this additional share belongs to an eldest brother only, if he is endowed
with particularly good qualities and the rest are inferior to him.
- Ap. II, 13, 13. ‘ Their occupations,’ i. e. ‘ reciting the Veda
and so forth’ (Kull., Ragh.). According to Nar., the phrase ‘no
additional share (consisting of the best animals) among ten ‘ indi-
cates that none of the other additions, mentioned in verse 114, shall
be given. Nand. omits this verse. - Gaut. XXVIII, 8.
- Gaut. XXVIII, 9-10; Vas. XVII, 42. ‘One share in
excess,’ i. e. ‘two shares’ (Medh., Kull., Nar., Ragh., Nand.). The
latter four point out that this division is to be made when the eldest
and the second brothers are more eminent than the rest. - Vi. XVIII, 35 ; Yagfi. II, 124. According to all the com-
IX, 120. INHERITANCE. 349
- Let him never divide (the value of) a
single goat or sheep, or a (single beast) with un-
cloven hoofs ; it is prescribed (that) a single goat or
sheep (remaining after an equal division, belongs) to
the eldest alone. - If a younger brother begets a son on the
wife of the elder, the division must then be made
equally ; thus the law is settled.
mentators the meaning is that, if a man leaves children by wives of
different castes, the brothers are to provide for the dowry of the
unmarried sisters of the same caste, i. e. a Brahmawa’s sons by
a Brahmawa wife for the daughters of the latter, the sons by a
Kshatriya wife for the daughters of the latter, &c. This meaning
is more clearly expressed by Medh.’s reading, svabhya^ svabhyas
tu kanyabha^, ‘ But the brothers shall give (portions) to the maiden
(sisters), each to those of his own (caste).’ Kull. adds, that the
duty of providing for sisters devolves in the first instance on
brothers of the full blood, and in default of such on half-brothers.
As regards the expression ‘ a fourth share,’ Medh. says that
a brother shall receive three-fourths and the sister one-fourth, and
that, if there are many sisters, they shall receive one- fourth of the
share of a brother of equal caste. Kull. agrees with the first part
of the explanation, but adds, ‘ Hence it must be understood that
even if there are many brothers and sisters of the same caste, but
born of different mothers, one-fourth part must be given to the
sisters of the full blood ‘ (i. e. by their full brothers). Nar. says,
‘ They shall give each one-fourth part of their share, and take three
parts ; and the same division must be made if there are many
daughters. But if there are many sons and one daughter, they
must deduct from their several shares as much money as will be
equal to a fourth part of one brother’s share and give that.’ Medh.
censures those commentators who think that one-fourth share need
not be actually given, but only as much as will suffice to defray the
marriage expenses.
- I.e. such an animal is not to be sold and the proceeds to
be divided ; nor shall its value be made good to the other brothers
by giving them other objects (Medh.. Kull., Nar., Ragh.). - I.e. the Kshetra^a receives no preferential share, as his
father would have done. Kull. infers from this verse that, though
350 LAWS OF MANU. IX, 121.
- The representative (the son begotten on the
wife) is not invested with the right of the principal
(the eldest brother to an additional share) ; the
principal (became) a father on the procreation (of
a son by his younger brother) ; hence one should
give a share to the (son begotten on the wife of
the elder brother) according to the rule (stated
above). - If there be a doubt, how the division shall
be made, in case the younger son is born of the
elder wife and the elder son of the younger wife, - (Then the son) born of the first wife shall
above, verse 104, brothers (i.e. sons of the deceased) only are
named, grandsons inherit, also according to Manu, just like sons
and with sons; see also below, verse 186.
- Thus Kull. ; Nand. agrees with respect to the first half-
verse, but explains the second as follows, ‘The father is the
principal in the procreation of children; hence one must give a
share to the (son begotten on the wife of the eldest) according to
the law (declared above).’ Nar. also differs, ‘ The subsidiary (son)
does not by law take the place of the principal, (and cannot for that
reason receive an additional share); his father (the eldest was) the
principal for continuing the line ; hence one should give a share (to
his subsidiary son) in accordance with the law/ Ragh. goes off still
further, ‘ The principal (the eldest) must according to the law not
be treated like the substitute (i. e. not be deprived of an additional
share, yet as) the father is the chief person in the procreation (of
children), one should give a share to the (son of the wife) in accord-
ance with the law (applicable to his real father)/ Medh. has a
similar explanation, ‘(To say) that the substitute (i.e. the Kshetra^a)
is equal to the principal is not proper according to the sacred law ;
the father (i. e. the begetter) is the principal in the procreation of
children, hence one must give a share (to the Kshetrag-a) in accord-
ance (with the law declared above)/ - The point to be decided is, if the seniority is to be accord-
ing to the mothers or according to actual birth. The eldest wife is,
of course, the one married first. - Gaut XXVIII, 14.
IX, 126. INHERITANCE. 351
take as his additional share one (most excellent)
bull ; the next best bulls (shall belong) to those
(who are) inferior on account of their mothers.
- But the eldest (son, being) born of the eldest
wife, shall receive fifteen cows and a bull, the other
sons may then take shares according to (the seniority
of) their mothers ; that is a settled rule. - Between sons born of wives equal (in caste)
(and) without (any other) distinction no seniority in
right of the mother exists ; seniority is declared (to
be) according to birth. - And with respect to the Subrahma^ya. (texts)
also it is recorded that the invocation (of Indra shall
be made) by the first-born, of twins likewise, (con-
ceived at one time) in the wombs (of their mothers)
the seniority is declared (to depend) on (actual) birth. - Gaut. XXVIII, 15. ‘ May take shares,’ i. e. ‘may divide the
(other) cows’ (Medh., KulL), or ‘shall each receive one bull, a very
good one, a less excellent one, in due order, according to the
seniority of their mothers’ (Nar.). - As this verse and the following one contradict the rules
given in verses 123-124, the commentators try to reconcile them
in various ways. Medh. thinks that verses 123-124 are an artha-
vada and have no legal force, and Ragh. inclines to the same
opinion. Nar. and Nand. hold that the seniority according to the
mother’s marriage is of importance for the law of inheritance (verses
123-124), but that it has no value with respect to salutations and
the like or to prerogatives at sacrifices (verses 125-126). Kull.,
finally relying on Gov.’s opinion, thinks that the rules leave an
option, and that their application depends on the existence of good
qualities and the want of such. It is, however, probable that,
according to the custom of Hindu writers, the two conflicting
opinions are placed side by side, and that it is intended that the
learned should find their way out of the difficulty as they can. - The Subrahmaflya texts contain an invitation, addressed
to Indra, to partake of the Soma ; see Aitareya-brahmawa VI, 3.
Nand. reads yamayoj- ^aikagarbhe ‘pi.
352 LAWS OF MANU. IX, 127.
- He who has no son may make his daughter
in the following manner an appointed daughter
(putrika, saying to her husband), ‘The (male) child,
born of her, shall perform my funeral rites.’ - According to this rule Daksha, himself, lord
of created beings, formerly made (all his female
offspring) appointed daughters in order to multiply
his race. - He gave ten to Dharma, thirteen to Kas-
yapa, twenty-seven to King Soma, honouring (them)
with an affectionate heart. - A son is even (as) oneself, (such) a daughter
is equal to a son ; how can another (heir) take the
estate, while such (an appointed daughter who is
even) oneself, lives ? - But whatever may be the separate property
of the mother, that is the share of the unmarried
daughter alone ; and the son of an (appointed)
daughter shall take the whole estate of (his ma-
ternal grandfather) who leaves no son. - Gaut. XXVIII, 18; Vas. XVII, 17; Baudh. II, 3, 15; Vi.
XV, 5.
1 28. The story of Daksha’s fifty, sixty, or twenty-four daughters
occurs in the Mahabharata and the Pura«as. The twenty-seven
given to King Soma, the moon, are the lunar mansions or
Nakshatras.
- ‘A son is even (as) oneself;’ see the verse quoted, Baudh.
II, 3, 14. The commentators state that the word duhit&, ‘ daughter,’
means here putrika, * an appointed daughter.’ Medh. adds that in
accordance with this verse, an appointed daughter who has no son,
when her father dies, does not inherit his property (?). - Gaut. XXVIII, 24; Vi.XVII,2i. The correctness of the trans-
lation of the term yautakam by ■ separate property’ (Medh.), follows
from its being used below, verse 214, to denote the separate hoard
made by an elder brother. According to Medh., Kull., and Nar. all
stridhana is meant; according to ‘others’ mentioned by Medh.,Nand.,
and Ragh., the so-called saudayikam or property derived from the
IX, 135- INHERITANCE. 353
- The son of an (appointed) daughter, indeed,
shall (also) take the estate of his (own) father, who
leaves no (other) son; he shall (then) present two
funeral cakes to his own father and to his maternal
grandfather. - Between a son’s son and the son of an
(appointed) daughter there is no difference, neither
with respect to worldly matters nor to sacred duties ;
for their father and mother both sprang from the
body of the same (man). - But if, after a daughter has been appointed,
a son be born (to her father), the division (of the
inheritance) must in that (case) be equal ; for there
is no right of primogeniture for a woman.
1 35. But if an appointed daughter by accident dies
without (leaving) a son, the husband of the appointed
daughter may, without hesitation, take that estate.
father’s family. Kumari, ‘ an unmarried daughter’ (Medh., Kull.),
means according to Nar. ‘ a daughter who has no sons.’ Dauhitra^,
literally ‘the son of a daughter,’ means according to the com-
mentators ‘ the son of an appointed daughter,’ putrikaputra^. The
first rule is, according to Kull., Nar., and Nand., a general maxim,
which refers not merely to the case of a putrika. The second rule
shows, according to Nand., that the appointed daughter herself does
not inherit her father’s estate, if she has a son.
- Medh. mentions a var. leet, aputrasya hared yadi, ‘If the
son of an (appointed) daughter takes the entire estate of (his
maternal grandfather), &c.,’ which is also found in Gov.’s text, but
considers it to be wrong. - Yagii. II, 128. Loke dharmata^, ‘neither with respect to
worldly affairs nor to sacred duties'(Kull.), means according toR&gh.
and Nand. ‘with respect to sacred duties, according to the law.’ - ‘That estate,’ i.e. ‘what the appointed daughter received from
her father either during his lifetime or after his death’ (Nar.). Kull.
adds that the verse is intended to forbid the father’s inheriting his
pre-deceased daughter’s property, on the plea that she was like a
son (see verse 185). Nand. says that the paternal uncles &c. shall
not take the putrika’s estate.
[25] A a
354 LAWS OF MANU. IX, 136.
- Through that son whom (a daughter), either
not appointed or appointed, may bear to (a hus-
band) of equal (caste), his maternal grandfather (has)
a son’s son ; he shall present the funeral cake and
take the estate. - Through a son he conquers the worlds,
through a son’s son he obtains immortality, but
through his son’s grandson he gains the world of
the sun. - Because a son delivers (trayate) his father
from the hell called Put, he was therefore called
put-tra (a deliverer from Put) by the Self-existent
(Svayambhu) himself. - Between a son’s son and the son of a
daughter there exists in this world no difference ;
for even the son of a daughter saves him (who has
no sons) in the next world, like the son’s son. - Kull. explains akrz’ta va knta vapi by ‘(a daughter) either
appointed not (explicitly but by a mental reservation), or appointed
(explicitly, at the betrothal, according to verse 127)/ He adds that
Gov. takes the word akrz’ta in its usual sense, and asserts that the
verse allows the son of a daughter not appointed to inherit his
maternal grandfather’s estate. The latter opinion is held also by
Nar., who remarks that the son of a daughter not appointed inherits
on failure of a wife or of daughters of his grandfather; and by
Nand. Ragh. and Medh. side with Kull., whose explanation is
supported by Gaut. XXVIII, 20, and still more by Vi. XV, 6. The
latter passage clearly prescribes that the daughter of a man who
has no sons is in every case ‘ an appointed daughter.’ - Vas. XVII, 5; Vi. XV, 46; Y^w. I, 78. ‘The worlds,’
i. e. * the ten, called vi^oka (free from sorrow), the first of which is
svarga’ (Medh.). ‘ Immortality, i. e. a very long residence in those
same (worlds),’ (Medh., Kull.) ‘ The sun,’ i. e. ‘ Hirawyagarbha ‘
(Nar.). The verse shows that sons and grandsons inherit, though
a wife and the rest may be living (Kull.). - Vi. XV, 44.
- Vi. XV, 47. According to Medh. and Kull., dauhitra^, ‘ the
IX, 142. INHERITANCE. 355
- Let the son of an appointed daughter first
present a funeral cake to his mother, the second to
her father, the third to his father’s father. - Of the man who has an adopted (Datrima)
son possessing all good qualities, that same (son)
shall take the inheritance, though brought from
another family. - An adopted son shall never take the family
(name) and the estate of his natural father ; the
funeral cake follows the family (name) and the
estate, the funeral offerings of him who gives (his
son in adoption) cease (as far as that son is con-
cerned).
son of a daughter,’ means here also ‘the son of an appointed
daughter.’ Nand. reads putravat, Mike a son;’ Gov. purva^an,
‘(and) the ancestors.’
- Baudh. II, 3, 16. Medh. mentions a var. lect., pitus tasya,
‘ the second to his father,’ which he, however, justly considers to
be bad. - Vas. XV, 9-10; Baudh. Parmsh/a 16. Medh., Kull, and
Ragh. refer this rule to the case where a man has a legitimate son
and an adopted son, and think that in such a case the latter, being
eminently virtuous, shall receive, like a Kshetra^a (see verse 146),
a fifth or sixth part of the estate. Medh. remarks that some think
he is to have half, but that their opinion is improper, and finally that
Upadhyaya, i.e. his teacher, allots to the adopted son less than to the
Kshetra^a. Kull. and Ragh. state that Gov. took the verse to mean
that an eminently virtuous adopted son shall inherit on failure of a
legitimate son and of the son of the wife, but that this explanation
is inadmissible on account of verse 165. Nevertheless Ragh. repro-
duces Gov.’s opinion. Nar. says, ‘ It has been declared that an
adopted son receives a share like the chief son, when he is emi-
nently virtuous.’ Nand. reads at the end of the second line, sam-
prapto ‘sya na putraka^, ‘ shall take the inheritance, (provided) the
(adoptive father) has no son.’ - Medh. mentions another ‘improper’ explanation, according
to which haret, ‘ shall take,’ is to mean harayet, ‘ shall allow to be
taken,’ and the purport of the verse is that ‘ he is to benefit both
(fathers) like a Dvyamushyayawa.’
a a 2
356 LAWS OF MANU. IX, 143.
- The son of a wife, not appointed (to have
issue by another), and he whom (an appointed
female, already) the mother of a son, bears to her
brother-in-law, are both unworthy of a share, (one
being) the son of an adulterer and (the other) pro-
duced through (mere) lust. - Even the male (child) of a female (duly)
appointed, not begotten according to the rule (given
above), is unworthy of the paternal estate ; for he
was procreated by an outcast. - A son (legally) begotten on such an ap-
pointed female shall inherit like a legitimate son of
the body ; for that seed and the produce belong,
according to the law, to the owner of the soil. - He who takes care of his deceased brother’s
estate and of his widow, shall, after raising up a son
for his brother, give that property even to that (son). - If a woman (duly) appointed bears a son
to her brother-in-law or to another (Sapi^a), that
(son, if he is) begotten through desire, they declare
(to be) incapable of inheriting and to be produced
in vain. - The rules (given above) must be understood
(to apply) to a distribution among sons of women of
the same (caste) ; hear (now the law) concerning - ‘The rule (given above),’ i.e. that given above, verse 60.
Nand. omits this verse. - Medh. and Kull. state that the object of this verse is to
teach that a Kshetra^a, if endowed with good qualities, may even re-
ceive (against verse 130) the additional share of an eldest son, because
it is said that he inherits ‘ like a legitimate son.’ Nar. says, ‘ (the
expression) like a legitimate son (is used) in order to establish
(the title to) an equal share.’ Nand. omits this verse. - ‘This rule refers to the case where the two brothers are
divided, while verse 120 refers to those who live in union’ (Medh.,
Kull., Ragh.). Nand. places this verse after 147.
IX, 152. INHERITANCE. 357
those begotten by one man on many wives of
different (castes).
- If there be four wives of a Brahma^a in the
direct order of the castes, the rule for the division
(of the estate) among the sons born of them is as
follows :
1 50. The (slave) who tills (the field), the bull kept
for impregnating cows, the vehicle, the ornaments,
and the house shall be given as an additional por-
tion to the Brahma/za (son), and one most excellent
share.
- Let the son of the Brahma^i (wife) take
three shares of the (remainder of the) estate, the son
of the Kshatriya two, the son of the Vai^ya a share
and a half, and the son of the \5udra may take one
share. - Or let him who knows the law make, ten
shares of the whole estate, and justly distribute them
according to the following rule :
149-156. Gaut XXVIII, 35-39 ; Vas. XVII, 48-50 ; Baudh. II,
3, 10; Vi. XVIII, 1-33, 38-40; Ya^i. II, 125.
- ‘The ornaments/ i. e. ‘ the ring which the father used to
wear, and the like’ (Medh., Kull.). ‘ The house,’ i. e. ‘the principal
mansion’ (Medh., Kull., Ragh.). ‘Ek&msa.s fa pradhanata^, ‘ one
most excellent share’ (Medh., Kull.), means according to Nar., with
whom Nand. agrees, ‘ and one share consisting of the chief, i. e.
best property ‘ (pradhanato mukhyadhanad utkrzsh/ad ity artha^),
and according to Ragh. ‘ and one share, because he is the chief
person.’ According to Nar. this ‘one share’ must be equal in
value to one of the three shares mentioned in the next verse. - Medh. and Kull. remark that the rule holds good also if
there are more sons than one in each class. - According to Nar. this rule refers to the case when each of
the wives has several sons, while the preceding one is applicable
when each wife has one son only. Ragh. thinks that the first rule
shall be followed when the son of the Brahma^r possesses good
qualities, the second when he is destitute of them.
35^ LAWS OF MANU. IX, 153.
- The Brahma/za (son) shall take four shares,
the son of the Kshatriya (wife) three, the son of the
VaLsya. shall have two parts, the son of the .SMra
may take one share. - Whether (a Brahma/za) have sons or have
no sons (by wives of the twice-born castes), the (heir)
must, according to the law, give to the son of a .5udra
(wife) no more than a tenth (part of his estate). - The son of a Brahma^a, a Kshatriya, and a
Vaisya by a .Sudra (wife) receives no share of the
inheritance ; whatever his father may give to him,
that shall be his property. - All the sons of twice-born men, born of
wives of the same caste, shall equally divide the
estate, after the others have given to the eldest an
additional share. - For a ^udra is ordained a wife of his own
caste only (and) no other ; those born of her shall
have equal shares, even if there be a hundred sons. - Medh. points out that according to other Smrz’tis the Brah-
ma«a son alone receives land, given to his father, and that the
-Sudra son receives no share in land, if there is other property. - Hence on failure of other sons the other heirs, the Sapira</as
(Medh.), or the widow and the rest (Nar.), shall take the rest of the
estate. Nar. adds that he may obtain more than a tenth, if his
father give it to him. - The son of a »Sudra wife receives no share of his father’s
estate in case the mother was not legally married (Medh. ‘ others/
Kull.), or in case he is destitute of good qualities (Kull., Ragh.).
According to Medh. and Nar., na rikthabhak, ‘ receives no share of
the inheritance/ means ‘ receives no (larger) share (than one-tenth,
except if the father himself has given more to him).’ But it seems
more probable, that the verse is intended to inculcate the maxim
that a son by a *Sudra wife cannot claim any fixed portion of the
inheritance from his father who divides his estate. - Medh., Gov., and K. read va, ‘or/ instead of ye (gsita/i),
but this gives no good sense, as Medh. remarks.
IX, 162. INHERITANCE. 359
- Among the twelve sons of men whom Manu,
sprung from the Self-existent (Svayambhu), enu-
merates, six are kinsmen and heirs, and six not
heirs, (but) kinsmen. - The legitimate son of the body, the son
begotten on a wife, the son adopted, the son made,
the son secretly born, and the son cast off, (are) the
six heirs and kinsmen. - The son of an unmarried damsel, the son
received with the wife, the son bought, the son
begotten on a re-married woman, the son self-given,
and the son of a 6udra female, (are) the six (who
are) not heirs, (but) kinsmen. - Whatever result a man obtains who (tries to)
cross a (sheet of) water in an unsafe boat, even that
result obtains he who (tries to) pass the gloom (of
the next world) with (the help of) bad (substitutes
for a real) son. - If the two heirs of one man be a legitimate
158-159. Gaut. XXVIII, 31-33; Vas. XVII, 25, 38; Baudh.
H, 3> 3*-32-
- I. e. the first six inherit the family estate and offer the
funeral oblations, the last six do not inherit, but offer libations of
water and so forth as remoter kinsmen (Kull., Nar., Ragh., Nand.
- some ‘). Medh., Nar., and Nand. take adayadabandhavsU to
mean ‘not heirs nor kinsmen/ But Kull. rightly objects that the
parallel passage of Baudh. proves this explanation to be wrong.
Nar. finally interprets bandhudayada^, ‘ heirs and kinsmen/ as ‘ heirs
to the kinsmen,’ i.e. ‘inheritors of the estate of kinsmen, such as
paternal uncles, on failure of sons, wives, and so forth.’ Nar. and
Nand., as well as Medh. in his commentary on verse 166, add
that the son of an appointed daughter is not mentioned, because he
has been declared above to be equal to a legitimate son.
- Medh. mentions another explanation of the expression
kuputrai^, ‘ by bad (substitutes for a real) son,’ according to which
‘ sons of a wife or widow not duly appointed’ are meant. - According to Medh. and Gov. (quoted by Kull. and Ragh.),
360 LAWS OF MANU. IX, 163.
son of his body and a son begotten on his wife, each
(of the two sons), to the exclusion of the other,
shall take the estate of his (natural) father,
- The legitimate son of the body alone (shall
be) the owner of the paternal estate ; but, in order
to avoid harshness, let him allow a maintenance to
the rest. - But when the legitimate son of the body
divides the paternal estate, he shall give one-sixth
or one-fifth part of his fathers property to the son
begotten on the wife.
the rule refers to the case where a legitimate son and the son
of a wife not appointed both claim the inheritance. But ‘ others,’
quoted by Medh., Kull., and Ragh., think that it applies to the case
where a wife first was appointed by her husband to procreate a son
with his brother, and afterwards a legitimate son was born. The
difficulty which under this explanation arises with respect to verse
164, is removed by assuming that the latter applies to the case
where the natural father of the Kshetra^a has likewise sons, while
verse 162 presupposes that he has none. Nar. and Nand. say that
the case which the rule contemplates, is that two brothers were
undivided, and when the one died, the other, who himself had sons,
begat with the widow a Kshetra^a son. On the death of the second
brother, the Kshetra^a is entitled to receive only the share of the
husband of his mother, not to claim a portion of the estate of his
natural father. Under this supposition the translation would be,
‘ If a legitimate son (of one brother) and the son of the wife (of
another) have a claim to one (undivided) estate, each shall receive
the share of his father.’
163-165. Vi. XV, 28-30; Yagii. II, 132.
- This rule refers to the case where one man leaves several
substitutes for sons and a legitimate son (Medh., Kull., Nar.,
Ragh.). ‘To the rest,’ i.e. ‘to all except the son begotten on the
wife’ (which latter is exempted by verses 164-165; Medh., Kull.,
Ragh., Nand.). ‘ He who does not maintain them, commits sin’
(Medh., Kull.); but not, if they have other means of subsistence (Nand.). - This rule refers to the case where a Kshetra^a was begotten
before the legitimate son, and received no property from his natural
father (Rdgh.) ; see also Kull/s notes on verses 1 62-163. According
IX, 168. INHERITANCE. 36 1
- The legitimate son and the son of the wife
(thus) share the father’s estate ; but the other ten
become members of the family, and inherit according
to their order (each later named on failure of those
named earlier). - Him whom a man begets on his own wedded
wife, let him know to be a legitimate son of the
body (Aurasa), the first in rank. - He who was begotten according to the pecu-
liar law (of the Niyoga) on the appointed wife of a
dead man, of a eunuch, or of one diseased, is called
a son begotten on a wife (Kshetra^a). - That (boy) equal (by caste) whom his mother
or his father affectionately give, (confirming the gift)
to Nar. it refers, however, to the case where a man died, leaving
several widows, and one was appointed to bear a son by her brother-
in-law, while another afterwards proved to be pregnant and bore a
legitimate son. ‘The Kshetra^a receives one-fifth, if he is endowed
with good qualities, else one-sixth’ (Medh., Kull., Nar., Ragh.,
Nand.).
- Vas. XVII, 39. Gotrarikthamabhagina^, ‘become mem-
bers of the family (i. e. succeed to the family rights and duties) and
inherit’ (Medh., Kull., Nand.), may also be translated, ‘ share the
family estate,’ as Nar. proposes. But his suggestion that the family
estate is here mentioned in order to exclude them from their father’s
self-acquired property is doubtlessly wrong. Equally inadmissible
seems another explanation, mentioned by Nar. and Nand., accord-
ing to which a#z.?abhagina^, ‘ they share,’ is to mean ‘ they obtain
(such) a share (as will suffice for their maintenance).’ - Ap. II, 18, 1; Vas. XVII, 13; Baudh. II, 3, 14 ; Vi. XV, 2 ;
Y&gii. II, 128. I read prathamakalpikam with Medh., Gov., Nar.,
and K. Ragh. gives prathamakalpikam. Kull. and Nar. think
that the wife must be of equal caste, while Medh. says that sva
means ‘his own,’ not ‘of his own caste.’ Medh. mentions Kull.’s
opinion as that of ‘ others.’ - Vas. XVII, 14 ; Baudh. II, 3, 18 ; Vi. XV, 3 ; Yzgii. I, 69,
II, 127-128. - Vas. XVII, 29; Baudh. II, 3, 20; Vi. XV, 18-19; Ya#w.
362 LAWS OF MANU. IX, 169.
with (a libation of) water, in times of distress (to a
man) as his son, must be considered as an adopted
son (Datrima).
- But he is considered a son made (KWtrima)
whom (a man) makes his son, (he being) equal (by
caste), acquainted with (the distinctions between)
right and wrong, (and) endowed with filial virtues.
1 70. If (a child) be born in a man’s house and his
father be not known, he is a son born secretly in the
house (Gudhotpanna), and shall belong to him of
whose wife he was born.
- He whom (a man) receives as his son, (after
he has been) deserted by his parents or by either of
them, is called a son cast off (Apaviddha).
II, 130. Sadmam, ‘ equal (by caste),’ (Kull., Nar., Ragh., Nand.),
means according to Medh. ‘ equal by virtues, not by caste/ ‘ His
mother or his father,’ i.e. ‘after mutually agreeing’ (Kull.), ‘the
mother, if there is no father’ (Ragh.). Medh. and Nand. read
mata pita £a, ‘ his mother and his father,’ but Medh. adds that va
is the proper reading. ‘Affectionately,’ i.e. ‘not out of avarice*
(Medh.), or ‘not out of fear and so forth’ (Kull., Nand.), or ‘not
by force or fraud’ (Ragh.). ‘ In times of distress,’ i. e. ‘ if the adopter
has no son’ (Kull., Ragh.), or ‘if the adoptee’s parents are in
distress’ (Nar.).
- Baudh. II, 3, 21; Yagn. II, 131. Medh. again says, ‘equal
by qualities.’ ‘ Acquainted with (the distinctions between) right
and wrong/ i. e. ‘ by performing or not performing -Sraddhas and
other sacred rites merit or sin will follow’ (Kull.), or ‘I am now
the son of so and so, and if I do not serve him I shall become an
outcast’ (Ragh.), or ‘not an infant’ (Medh. ‘some,’ Nar.). Nar.
adds that some read gu#adoshavi/£aksha»a/$, and refer the adjective
to the adopter, who is thereby warned not to take an outcast or
the like. - Vas. XVII, 24; Baudh. II, 3, 22; Vi. XV, 13-14; Yagn.
II, 129. According to the commentators the condition is that
there is no suspicion that the wife had intercourse with a man of
lower caste. Nar. says that the case contemplated is, that a wife
had intercourse with several men of equal caste. - Vas. XVII, 37; Baudh. II, 3, 23; Vi. XV, 24-25; Yagn.
IX, 176. INHERITANCE. 363
i 72. A son whom a damsel secretly bears in the
house of her father, one shall name the son of an
unmarried damsel (Kanina, and declare) such off-
spring of an unmarried girl (to belong) to him who
weds her (afterwards).
- If one marries, either knowingly or un-
knowingly, a pregnant (bride), the child in her womb
belongs to him who weds her, and is called (a son)
received with the bride (Sahod7/a). - If a man buys a (boy), whether equal or
unequal (in good qualities), from his father and
mother for the sake of having a son, that (child)
is called a (son) bought (Krttaka). - If a woman abandoned by her husband, or a
widow, of her own accord contracts a second mar-
riage and bears (a son), he is called the son of a
re-married woman (Paunarbhava). - If she be (still) a virgin, or one who returned
(to her first husband) after leaving him, she is
worthy to again perform with her second (or first
deserted) husband the (nuptial) ceremony.
II, 132. The reason of the desertion maybe either extreme dis-
tress of the parents, or the commission of some fault on the part of
the boy (Medh.). ‘ Provided the father of the child was of equal
caste’ (Nar., Nand.).
- Vas. XVII, 22-23 5 Baudh.II, 3, 24 ; Vi. XV, 10-n ; Yagn.
II, 129. ‘Provided the lover was of equal or higher caste ‘ (Nar.). - Vas. XVII, 26-27; Baudh.II, 3, 25 ; Vi. XV, 15-16; Ysign.
II, 131. Medh.’s commentary on verses 173-178 is missing in the
I. O. copies.
- Vas. XVII, 30-32 ; Baudh. II, 3, 26; Vi. XV, 20-21 ; Yagri.
II, 131. ‘ Equal or unequal,’ i. e. ‘by good qualities, not by caste’
(Kull., Ragh.), means according to Nar. ‘ whether of equal or of
lower caste.’
- Vas. XVII, 18; Baudh. II, 3, 27; Vi. XV, 7-9; Yagn.
II, 130. - Vas. XVII, 74. ‘ Hence a re-married woman, who is not a
t
364 LAWS OF MANU. IX, 177.
- He who, having lost his parents or being
abandoned (by them) without (just) cause, gives
himself to a (man), is called a son self-given (Sva-
yawdatta). - The son whom a Brahma/za begets through lust
j\ on a 6″udra female is, (though) alive (parayan), a corpse
(5a va), and hence called a Parasava (a living corpse).
- A son who is (begotten) by a .Sudra on a
female slave, or on the female slave of his slave,
may, if permitted (by his father), take a share (of
the inheritance) ; thus the law is settled. - These eleven, the son begotten on the wife
and the rest as enumerated (above), the wise call
substitutes for a son, (taken) in order (to prevent) a
failure of the (funeral) ceremonies. - Those sons, who have been mentioned in
connection with (the legitimate son of the body),
virgin, is unworthy of the sacrament’ (Nar.). Ragh., relying on
Y§gn. II, 130, expresses the contrary view, and thinks that the word
vei, ‘ or/ at the end of the first half- verse, permits the insertion of
‘ or not a virgin.’
- Vas. XVII, 33-35 ; Baudh. II, 3, 28 ; Vi. XV, 22-23 5 Y^gil.
II, 131. - Vas. XVII, 38; Baudh. II, 3, 30; Vi. XV, 27. ‘ On a
-Sudra-female ‘ i. e. ‘one married to him’ (Kull). The designation
‘ a corpse ‘ indicates that his father derives imperfect benefits from
his offerings (Kull., Nar., Ragh.), or that he is blameable (Ragh.).
The term Brahmawa includes Kshatriyas by implication (Nar.). - Y&gn. II, 133. ‘A share/ i.e. ‘a share equal to that of a
legitimate son’ (Kull.), in case the division is made in the father’s
lifetime, else half a share according to Yagii. (Medh.). - Kriyalopat, ‘in (order to prevent) a failure of the (funeral)
ceremonies/ means according to Medh. ‘in (order to prevent) a
failure of the duty (to beget offspring).’ Kull. mentions this
explanation also. Nand. says, ‘ when there is no legitimateness in
consequence of the absence of the action of begetting one.’ - Ap. II, 13, 7; Baudh. II, 3, 34—35. Hence they should not
IX, 185. INHERITANCE. 365
being begotten by strangers, belong (in reality) to
him from whose seed they sprang, but not to the
other (man who took them).
- If among brothers, sprung from one (father),
one have a son, Manu has declared them all to have
male offspring through that son. - If among all the wives of one husband one
have a son, Manu declares them all (to be) mothers
of male children through that son. - On failure of each- better (son), each next
inferior (one) is worthy of the inheritance ; but if
there be many (of) equal (rank), they shall all share
the estate. - Not brothers, nor fathers, (but) sons take the
paternal estate ; but the father shall take the in-
heritance of (a son) who leaves no male issue, and
his brothers.
be taken, if there is a legitimate son (Medh.), or an appointed
daughter (Kull.).
- Vas. XVII, 10 ; Vi. XV, 42. Hence no subsidiary sons
(Kull., Ragh.), or no Kshetra^-as (Nar.), are necessary in such a case.
Kull. and Ragh. add that the brother will take estate and give the
funeral offerings on failure of a wife, daughters, and so forth ( Yagn.
n, 135).
- Vas. XVII, 11 j Vi. XV, 41. Hence no adoption or other
substitution (Kull., Ragh.), or no appointment (Nar.), shall be made
in such a case. - ‘Each better (son)/ i.e. ‘each earlier named among the
twelve’ (Kull., Nar., Ragh., Nand.). Kull. and Ragh. add that, as the
son of a -Sudra wife is enumerated among the twelve, and not con-
sidered like the son of Kshatriya and Vaiyya wives a legitimate son,
he inherits only on failure of all other subsidiary sons. ‘ Many (of)
equal rank/ i.e. ‘many Paunarbhavas and so forth’ (Kull., Ragh.). - Kull. and Ragh. insert after ‘who leaves no son/ ‘nor
widow and daughters/ and before ‘brothers/ ‘who leaves no
parents.’ Nar., who (as also Gov., Nand., and K.) reads eva va,
‘or brothers/ says that the father inherits the estate of an undivided
366 LAWS OF MANU. IX, 186.
1 86. To three (ancestors) water must be offered,
to three the funeral cake is given, the fourth
(descendant is) the giver of these (oblations), the
fifth has no connection (with them).
- Always to that (relative within three de-
grees) who is nearest to the (deceased) Sapi/zda the
son, leaving no male issue, or the brothers with his permission,
and that the estate of a divided son descends to his wife, and other
heirs mentioned by Yagri. II, 135-136. All these interpolations
are most probably improper, as Manu nowhere mentions the right
of a wife or a daughter, not appointed, to the estate. The verse can
only refer to a divided coparcener or to the separate property of an
undivided one, and Manu’s opinion seems to be that on failure of
sons, grandsons, and great-grandsons, whose rights are indicated
by verse 137, the father shall inherit, and after him the brothers.
- ‘ To three/ i. e. ‘ to the father, the grandfather, and the great-
grandfather’ (Kull., Nar., Ragh., Nand.). To these same three the
cakes are offered (Kull., Ragh.). Kull. and Ragh. state that the object
of the verse is to indicate the right of Kshetra^as and other sub-
sidiary sons to inherit the estate of a grandfather and so forth
deceased without leaving issue. Kull. adds that the right of sons and
grandsons of a legitimate son is indicated by verse 137. Nand.,
however, thinks that the verse serves to prove the right of grand-
sons and great-grandsons to inherit before ‘ brothers and the rest.’ - Vas. XVII, 81-82; Gaut. XXVIII, 33; Ap. II, 14, 2-3.
The above translation does not fully agree with any of the explan-
ations given by the four commentators. On philological grounds
it seems to me improbable that anantara^ sapi/z<?at can mean any-
thing else than ‘ nearest to the Sapi^a,’ and that this Sapiw^a can be
anybody else than the deceased. Further, as verse 186 apparently
contains a definition of the term, limiting Sapi#da-relationship
to three degrees, and as in the second half of verse 187 the
Sakulyas, ‘ those belonging to the same family,’ are mentioned as
the next heirs, it seems certain that ‘ the nearest’ here meant is
‘ the nearest Sapiw^a or relative within three degrees.’ Practically
the proposed translation is not much different from that extracted
by Kull. and others by the grammatically inadmissible expedient of
taking sapi#</at for sapifldamadhyat, ‘ among the Sapiw^as.’ The
correctness of the above explanation is also attested by the closely
allied parallel passage of Baudhayana I, n, 9-13, the first Sutra of
IX, 187. INHERITANCE. 367
estate shall belong; afterwards a Sakulya shall be
(the heir, then) the spiritual teacher or the pupil.
which corresponds to verse 186, while the other four express the
same sense as verse 187. There too the term Sakulya occurs,
which £imutavahana takes to denote the three descendants beyond
the great-grandson and the three ascendants beyond the great-
grandfather, while others explain it as a general term, ‘ members of
one family.’ What Manu’s precise acceptation of the word was
cannot be said with certainty. But, as no technical definition is
given by him, it will be safest to take it in its etymological and
widest sense, ‘the (remoter) members of the family,’ and to
assume that the principle of nearness to the deceased regulated
the succession.
As regards the explanations of the commentators, Kull. says,
‘ As this general rule would be meaningless, if it were referred to
the legitimate son and those other Sapiwdas alone, who have already
been mentioned, its object must therefore be (to teach) that the
wife and the rest, who have not been mentioned, shall inherit. To
that SapMa who is the nearest among the Sapi/z^as, be he a male
or a female, the estate of the deceased shall belong.’ He then goes
on to enumerate the heirs in the following order: 1. the legitimate
son, sharing with a Kshetra^a (verse 164), and a virtuous adoptive
son (verse 141) ; 2. the appointed daughter and her son; 3. the
Kshetrag-a and the other ten subsidiary sons, each on failure of the
earlier named, with the proviso that the son of a ^udra wife receives
one-tenth of the estate only (verse 154); 4. the widow (on this point
a great many passages are quoted, and Medh. is censured, because
in his commentary, which is missing in the I. O. MSS., like the
whole passage 182-201, he denied her right to inherit); 5. the
daughter, not appointed; 6. the father and the mother; 7. full
brothers ; 8. sons of full brothers ; 9. the paternal grandmother
(verse 227); 10. any other near SapiWa, (a) of the grandfather’s
line, (b) of the great-grandfather’s line, and so forth ; 1 1 . the
Samanodakas, or relatives allied by libations of water (Kull. con-
sidering Sakulya as equivalent to Samanodaka); 12. the teacher;
- the pupil. According to Kull. the translation should be, ‘To
the nearest among the Sapiw^as (male or female) the estate shall
belong; afterwards (on failure of Sapi^as) a Samanodaka shall be
(the heir), next the teacher, and (then) the pupil.’ Ragh. in sub-
stance agrees with this explanation, but in order to make the rule
still more fully agree with Yagft. II, 135-136, he asserts that the
368 LAWS OF MANU.
1 88. But on failure of all (heirs) Brahma^as (shall)
share the estate, (who are) versed in the three
Vedas1pure and self-controlled : thus the law is not
violated.
Bandhus or cognates are also implied by the term Sakulya. His
explanation of the first words also differs from Kull.’s, and is more
in accordance with the rules of grammar, ‘ He who is the nearest to
the Sapi«fi?a, i.e. to the legitimate son and the son of the daughter
— (viz.) the five, the wife and the rest (mentioned by YSgn. II,
135-136).’ Ragh. and Kull. are clearly under the spell of Y&gw.,
and most improperly transfer into Manu’s text the ideas of the
latter. Nar.’s short disjointed remarks are not very clear. He
explains the first words by eshazrc madhye sapManam ato
tho[yo]nantaro yatha putrasya pita tasya tatpitetyadi tasya tasya
taddhanam, ‘Among those Sapiwdas the nearest to him, i.e. the
father to his son, his father to him, and so forth ; always to him that
estate (shall belong).’ He then enumerates, on failure of the father,
the brother and his son, the grandfather, the Samanodaka, the
Sagotra, and the ‘Bandhu, i.e. the maternal uncle and the rest/ as
successive heirs, and explains Sakulya by Bandhu.
Nand., whose text has a faulty reading sapi^arha^, asserts
that pmda (sapi«dfo ?) means ‘ the deceased,’ and explains the first
line by saying, ‘ Always to him who is the Sapi«</a nearest to the
deceased the wealth, the estate, shall belong — the repetition (of the
word tasya) shows the successive order.’ The Sakulyas are, accord-
ing to him, the Samanodakas. He reads sakulya^ syu^, ‘ Sakulyas
shall be the heirs/
- Gaut. XXVIII, 41 ; Vas. XVII, 84-86 ; Baudh. I, 13, 14; Vi.
XVII, 13-14. The phrase ‘on failure of all (heirs),’ i.e. ‘of those
mentioned’ (Ragh.), or ‘ of all males and females, related in any way
(to the deceased),’ (Nand.), indicates according to Kull. that other
unnamed persons, such as fellow-students, are also entitled to
inherit. ‘Brahma^as,’ i.e. ‘ such as live in the same village’ (Nar.).
‘Pure,’ i.e. ‘careful of external and internal purity’ (Kull.), or
better ‘who are of good conduct’ (N&r.). According to Kull. and
Ragh., the meaning of the last clause is that the Brahmawas who
inherit the estate will offer the funeral sacrifices, and thus no
violation of the law regarding the -Sraddhas will occur. Nar. points
out that this rule, as the following verse shows, refers solely to the
property of a Brahma/za.
IX, 191. INHERITANCE. 369
- The property of a Brahma/za must never be
taken by the king, that is a settled rule ; but (the
property of men) of other castes the king may take
on failure of all (heirs). - (If the widow) of (a man) who died without
leaving issue, raises up to him a son by a member
of the family (Sagotra), she shall deliver to that
(son) the whole property which belonged to the
(deceased). - But if two (sons), begotten by two (different
men), contend for the property (in the hands) of
their mother, each shall take, to the exclusion of the
other, what belonged to his father. - Ap. II, 14, 5 ; Gaut. XXVIII, 42 ; Vas. XVII, 83; Baudh.
I, 13, 15-16. According to Kull. and Ragh., the repetition of the
prohibition to take the property of a Brahmawa shows that, if no
learned and virtuous Brahma«as are to be found, the king shall
give the estate of a Brahmawa deceased without heirs, even to men
who have nothing but the name of the Brahmawa caste. - According to Kull. and Ragh., this verse refers to the case
in which a duly authorised widow bears a son to a relative of her
husband, and repeats the rule given above, verse 146, which here
however is made imperative on the widow. Kull. adds that the
object of the repetition is to show that not only a brother-in-law or
a Sapiw^a, as stated above, verse 59, but also a remoter relative, a
Sagotra, may beget a son for a man deceased without issue. Nar.,
on the other hand, thinks that in accordance with this verse a child
which a widow bears, even without authorisation, to a Sagotra shall
inherit the estate of the widow’s deceased husband (sagotrad yadi
tantu/rc sa/Tztanam ahared aniyuktapi stri tada golakatve ‘pi tasya
gwatyantarabhave kshetrapatidhanaharitvam ity artha^). He adds
that some apply this rule to -Sudra females only, and that in the
opinion of these persons Gu^a^as, Kaninas, and Saho^as also
are considered as sons in the case of -Sudras only, not in the case
of Aryans. - Kull. and Nand. think that the verse refers to the case in
which a woman married successively two husbands and bore a son
to either. If the two husbands died and their property remained in
[25] B b
370 LAWS OF MANU. IX, 192
- But when the mother has died, all the
uterine brothers and the uterine sisters shall equally
divide the mother’s estate. - Even to the daughters of those (daughters)
something should be given, as is seemly, out of the
estate of their maternal grandmother, on the score
of affection. - What (was given) before the (nuptial) fire,
what (was given) on the bridal procession, what was
the hands of the wife, she is to make over the entire property of
her first husband to his son, and the property of the second hus-
band to the son of the latter. Ragh. gives the same explanation,
but proposes as an alternative, ‘ If two (sons), begotten by two
(different men), contend for the separate property of their mother,
&c.’ For a twice-married woman will have received nuptial and
other presents from both husbands. After her death her sons shall
each receive what came to her from his father. Nar. finally holds
that the verse refers to a contention between a legitimate son and
a Golaka or a Paunarbhava for the estates of their respective fathers
which their mother holds. He construes striya/$ with g-atau, ‘ be-
gotten by two (different men) on one woman.’
- Kull. and Ragh. restrict this rule, in accordance with a
passage of Brzhaspati, to unmarried daughters, and hold that mar-
ried daughters receive merely ‘a token of respect/ The latter
amounts according to Kull. to ‘ one-fourth of a share ; ‘ see above,
verse 118. Nar. says that the term ‘the mother’s estate’ refers to
‘ other property than stridhana or separate property/ and adds to
the expression ‘ the sisters ‘ aputra/^, ‘ those who have no sons.’
He, however, gives the opinion, held by Kull. and Ragh. also,
stating that it belongs to ‘some.’ - Kull. holds that the granddaughters should be unmarried.
Nar. says, ‘ When the married daughters are dead, their daughters
shall be presented at will by their maternal uncles with the share
which their mothers would have received as a token of respect.’
Ragh., too, thinks that ‘on the score of affection’ means ‘at the
pleasure (of the heirs).’ But Nand. deduces from the same term
the absolute necessity of the gift. - Vi. XVII, 17; Y&gn. II, 143. ‘What was given in token
of love,’ i.e. ‘ by the husband’ (ratikale, Nar.).
IX, 198. INHERITANCE. 37 1
given in token of love, and what was received from
her brother, mother, or father, that is called the six-
fold property of a woman.
- (Such property), as well as a gift subsequent
and what was given (to her) by her affectionate hus-
band, shall go to her offspring, (even) if she dies in
the lifetime of her husband. - It is ordained that the property (of a woman
married) according to the Brahma, the Daiva, the
Arsha, the Gandharva, or the Pra^apatya rite (shall
belong) to her husband alone, if she dies without issue. - But it is prescribed that the property which
may have been given to a (wife) on an Asura mar-
riage or (one of the) other (blamable marriages,
shall go) to her mother and to her father, if she dies
without issue. - Whatever property may have been given by
her father to a wife (who has co-wives of different
castes), that the daughter (of the) Brahma^i (wife)
shall take, or that (daughter’s) issue. - Yagn. II, 144. Kull. and Nar. state that both the separate
property of a woman, enumerated in verse 194, and that named in
verse 195, descend to her children, i.e. ‘to her sons and the rest’
(Ragh.), or ‘to her sons or daughters’ (Nand.). Nar. remarks
that ‘a gift subsequent’ and ‘the husband’s affectionate gift’ are
not stridhana, or separate property, and that hence the wife has no
right of free disposal with respect to these two.
196-197. Vi. XVII, 19-20; Ya£w. II, 145.
- Nar. adds to the term ‘property,’ stridhanastridhanarupam,
1 whether separate property or not.’ - I. e. if a Brahma/za has wives of the Brahma^a and Ksha-
triya castes, property given in any way to the Kshatriya wife by
her own family, goes to the daughter of the Brahmarca wife, or if
that daughter of the Brahmawa wife is dead and has left issue, to
the latter. ‘ Thus the sons of the Brahmawa wife are excluded’
(Kull., Nar.). Nar. states expressly that the term * issue’ refers to
daughters alone.
B b 2
372 LAWS OF MANU. IX, 199.
- Women should never make a hoard from
(the property of) their families which is common to
many, nor from their own (husbands’ particular)
property without permission. - The ornaments which may have been worn
by women during their husbands’ lifetime, his heirs
shall not divide; those who divide them become
outcasts. - Eunuchs and outcasts, (persons) born blind
or deaf, the insane, idiots and the dumb, as well as
those deficient in any organ (of action or sensation),
receive no share. - Kull. and Ragh., whose explanation the translation given
above follows, take the first clause to refer to the property of a
united family, and the second to the separate property of the hus-
bands. But according to Nar. and Nand. the translation should
be as follows, ‘ Wives should never take anything (for their private
expenses) from (their husbands’ property, destined for the support
of) their families, on which many have a claim, nor from their own
property (which is not stridhana), without the consent of their hus-
bands/ Nar.’s explanation of nirharaw kuryu^, * should (never)
take anything/ seems preferable to that given by Kull. and Ragh. - Vi. XVII, 22. ‘His heirs/ i. e. ‘ the sons and the rest’
(Kull., Nar.). Nand., who differs from the above explanation,
says, ‘ Since the ornaments are the husband’s property, because
they have not been mentioned as stridhana, the object of this
utterance is to forbid their going to the heirs, while the husband
lives’ (alawkarasya stridhane ‘nudish/atvad bhartrz’dhanatvena bhar-
tnbhave dayadandm praptyapavadartho ‘yam arambha^). Nand.
appears, therefore, to construe patyau ^ivati with bha^eran, just as
NandapawJita does in the parallel passage of Vishwu (see Professor
Jolly’s note).
201-203. Ap. II, 14, 1, 15 ; Gaut. XXVIII, 23, 40, 43; Vas. XVII,
52-53 ; Baudh. II, 3, 37-40 ; Vi. XV, 32-37 ; Ya^w. II, 140-141.
2ci. ‘ Eunuchs/ i. e. ‘those who are incurable;’ ‘ outcasts/ i. e.
‘ those guilty of a mortal sin (mahapataka) before they perform a
penance;’ ‘the insane,’ i.e. ‘those who are incurable’ (Nar.).
‘ Those deficient in any organ, i. e. of action’ (Nand.), such as
lame men (Kull., Nand.), such as men without hands (Ragh.), or
IX, 204- INHERITANCE. 373
. . . *,
- But it is just that (a man) who knows (the
law) should give even to all of them food and rai- $
ment without stint, according to his ability ; he who
gives it not will become an outcast. - If the eunuch and the rest should somehow
or other desire to (take) wives, the offspring of such
among them as have children is worthy of a share. - Whatever property the eldest (son) acquires
(by his own exertion) after the father’s death, a
share of that (shall belong) to his younger (brothers),
provided they have made a due progress in
learning.
also ‘ of sensation,’ such as men who have lost the faculty of touch
(Nar.).
- Medh. and Kull. take atyantam, ‘without stint,’ in the sense
of ‘ for life.’ Nar. construes the word with adadat, and explains
‘ he who does not give it at all.’ Nand. reads abhyahgam, ‘ oint-
ments/ for atyantam, ‘ without stint.’ - Medh. is of opinion that some of the persons disqualified
from inheriting, the vataretas kliba, those born blind and the lame,
may marry, while outcasts, madmen, and the rest cannot do so.
Hence the conditional clause may be taken in the sense adopted
above in the translation. He, however, adds that the rule may
also refer to cases in which the cause of the disqualification
arose after marriage. Nar.’s explanation is substantially the same.
But he considers that a eunuch and an outcast cannot contract
a legal marriage, and that the expression klibadaya^, literally ‘ those
among whom the eunuch is the first,’ refers to ‘ men born blind and
the rest.’ He admits also the rights of the Kshetra^a sons of
eunuchs and outcasts who contracted a marriage before their dis-
qualification arose. Kull. says, ‘ By the employment of the term
” somehow or other” it is indicated that a eunuch and the rest are
not worthy to marry.’ In the sequel he explains the word ‘ off-
spring’ by Kshetrag-a. Ragh. and Nand. follow him with respect to
the latter point. - The rule refers of course to a united family only (Kull.).
Medh. infers from the expression vidyanupalina^, ‘provided they
have made a due progress in learning/ that ‘ persons subsisting by
learning, mechanics and artisans, such as physicians, actors, singers/
374 LAWS OF MANU. IX, 205.
- But if all of them, being unlearned, acquire
property by their labour, the division of that shall
be equal, (as it is) not property acquired by the
father; that is a settled rule. - Property (acquired) by learning belongs
solely to him to whom (it was given), likewise the
gift of a friend, a present received on marriage or
with the honey-mixture.
are meant. Nar. and Nand. hold that no part of an acquisition,
made under the same circumstances by the youngest brother, can
be claimed by the eldest, because this verse specifies the eldest
alone, and because the next verse declares that the acquisitions
only made by any member of an unlearned family, shall be
partible.
- Gaut. XXXVIII, 31. This rule refers to acquisitions by
trade (Medh., Kull., N&r.), by agriculture (Medh., Kull. Nand.), or
by royal service (Medh.). ‘ As the division is to be equal, the
eldest receives no preferential share’ (Medh., Kull., Nand.). Medh.
adds that, since the expression ‘ as it is not property acquired by
the father,’ gives the reason for the equal division, the same rule
holds good for the division of the estate of any other person de-
ceased without issue. Nand. takes apitrya iti for apitrya^ iti and
explains it by ‘since (the division) has not been made by the father.’ - Y&gri. II, 1 1 8-1 1 9. ‘Property acquired by learning,’ i.e.
‘ a fee for teaching or money received for proficiency in an art’
(Medh., Nand.), includes according to a text of Katyayana, quoted
by Kull. and Ragh. (see Colebrooke V, Digest CCCXLVII), gifts
from pupils, gratuities for performing a sacrifice, a fee for answer-
ing a difficult question in casuistry, or for ascertaining a doubtful
point in law, rewards for displaying knowledge or for victory in a
learned contest, or for reciting the Veda with transcendent ability.
Instances in which land was given as vidyadhana occur in the
inscriptions, see e. g. Indian Antiquary, XII, p. 195 b, 1. 6. ‘A
present received on marriage,’ i. e. ‘what (the bridegroom) receives
from the relatives of his wife’ (Medh., Nar.), or ‘from any other
person’ (Medh. ‘others’), means according to Nand., ‘ stridhana
received at the time of marriage’ (?). ‘ A present received with the
honey-mixture’ is explained by Medh. and, as Kull. asserts, by
Gov. also, by ‘ the fee given for the performance of a sacrifice.’
But the explanation given by Kull., Nar., Ragh., and Nand., ‘ any
IX, 209. INHERITANCE. 375
- But if one of the brothers, being able (to
maintain himself) by his own occupation, does not
desire (a share of the family) property, he may be
made separate (by the others) receiving a trifle out
of his share to live upon. - What one (brother) may acquire by his
labour without using the patrimony, that acqui-
sition, (made solely) by his own effort, he shall not
share unless by his own will (with his brothers). - But if a father recovers lost ancestral pro-
present received, in token of respect, with the honey-mixture,’ e. g.
a silver vase (Ragh.), is preferable. Regarding the persons worthy
of the honey-mixture, see above, III, 1 19-120. Kull. points out
that this rule is a restriction of that given above, verse 204. Ragh.
adds that, as the parallel passage of Yagri. shows, such acquisi-
tions become the private property of the donee, only if they were
obtained ‘without detriment to the paternal estate ;’ see also below,
verse 208. - Yagn. II, 116. The translation given above follows the
second explanation offered by Medh., and the glosses of Kull.
and Nar. According to Medh.’s first explanation, with which
Nand. agrees, the translation would agree with Sir W. Jones’s, ‘ he
may debar himself from his share.’ The reason why a trifle should
be given is, according to all commentators, that future disputes
may be prevented. - Yagn. II, 118; Vi. XVIII, 42. ‘By his labour,’ i.e. ‘by
agriculture and the like’ (Medh., Kull, Nand.), or ‘by any occupa-
tion entailing trouble’ (jrama^anyakarmawa, Nar.). Anupaghnan,
‘without using’ (Nand.), or ‘without living upon’ (Ragh.), is ex-
plained by Kull. ‘ without detriment to,’ and Nand. mentions this
interpretation also. Nar. remarks that acquisitions made without
labour or trouble are liable to partition. Nand. says that the rule,
given in this verse, may be reconciled with that contained in verse
205, by assuming that the latter presupposes that all brothers exert
themselves according to their ability (purvaw sarveshu vathasa-
marthyam ihamaneshu bhratrzshu labdhasya samavibhaga ukti ity
avirodho ‘nusawzdheya^). - Yagfi. II, 119; Vi. XVIII, 43. The translation of paitrz-
kam, lit. ‘ paternal,’ by ‘ ancestral,’ is based on Nar.’s gloss svapitr*’-
37^ LAWS OF MANU. IX, 210.
perty, he shall not divide it, unless by his own will,
with his sons, (for it is) self-acquired (property).
- If brothers, (once) divided and living (again)
together (as coparceners), make a second partition,
the division shall in that case be equal ; in such a
case there is no right of primogeniture.
31 X. If the eldest or the youngest (brother) is
deprived of his share, or if either of them dies, his
share is not lost (to his immediate heirs).
- His uterine brothers, having assembled to-
gether, shall equally divide it, and those brothers
who were reunited (with him) and the uterine sisters.
sambandhi and on Ragh.’s pitrzpitamahadisambandhi. The latter
refers also to the parallel passage of Ya^n. Anavaptam, ‘ lost,’
means literally ‘ not obtained (by his father).’ The translation of
svayamargitam by ‘for it is self-acquired’ agrees with Nand.’s
remark, svayamargitatvad ity artha^. Nar. adds, ‘ And thus it has
been declared that property of the father which has not been
acquired by him with exceedingly great trouble must be divided at
the will of the sons, and to this refers the passage of Ya^w. II, 121,
” Over land acquired by the grandfather, &c.” ‘ Medh., whose com-
mentary on this verse is very corrupt, seems likewise to have
inferred from it that Manu admitted the equal ownership of a
father and his sons in ancestral property (see also Colebrooke V,
Digest XCI). But he combats the theory that sons may without
a violation of their duty force the father to divide the ancestral
property.
- Vi. XVIII, 41.
- ‘Be deprived of his share/ i. e. ‘because he has become an
outcast or the like’ (Medh.), or ‘because he has become an ascetic’
(Kull., Nand.), or ‘because he has emigrated’ (Nand.), or ‘because
he has become a eunuch after the (first) partition’ (Nar.). Na
lupyate, ‘ is not lost (to his immediate heirs),’ is explained by Nar.
as follows, ‘ His share, being formerly determined, is not lost, i. e.
must not be divided by all the reunited coparceners and thus be
made to disappear ‘ (see also the text of Brzhaspati, Colebrooke
V, Digest CCCCVII, 2). ‘ What is to be done with the share is
shown in the next verse’ (Medh., Nar., Ragh., Nand.). - Vi. XVII, 17; Gaut. XXVIII, 21; Yagn. II, 138. The
IX, 214. INHERITANCE. 377
- An eldest brother who through avarice may
defraud the younger ones, shall no (longer hold the
position of) the eldest, shall not receive an (eldest
son’s additional) share, and shall be punished by
the king. - All brothers who habitually commit for-
bidden acts, are unworthy of (a share of) the pro-
perty, and the eldest shall not make (anything his)
separate property without giving (an equivalent) to
his younger brothers.
meaning of the verse is: 1. according to Medh., with whose opinion
the not very clear glosses of Kull. and Ragh. seem to agree, ‘ the
share of a deceased reunited brother goes first to the reunited
brothers of the full blood and to such sisters of the full blood who
are not married (aputra^, MSS. for apratta^) — married sisters
(pravr/tta/^, MSS. for pradatta/^) being excluded, because they
belong to another family — next to not reunited brothers of the full
blood, finally to reunited half-brothers ; ‘ 2. according to Nar., ‘the
share of a reunited brother devolves first on reunited brothers of
the whole blood, next on reunited half-brothers, further on sisters
of the full blood, then on the sons of brothers [of the whole
blood ?], and finally on sons of half-brothers [? tadabhave tvasoda-
rady api].’ Nand. has the same order of heirs as Nar., but stops
with ‘ the sisters of the whole blood.’ Nar.’s and Nand.’s explana-
tion, which strictly follows the order of the enumeration in the text,
agrees with Brz’haspati’s rule (Colebrooke V, Digest CCCCVII, 3),
which likewise seems to be a paraphrase of Manu’s words. Kull.,
Ragh., and Nar. hold that the heirs, named in the verse, inherit
only on failure of sons, wives, daughters, and parents. Nar. further
remarks that some refer this verse and the preceding one to the
division of the estate of one who died before partition, while others
believe that it applies to the estate of a reunited brother only.
- * Shall no (longer hold the position of) the eldest,’ i.e. ‘ shall
not receive the honours, e. g. in saluting, due to the eldest brother’
(Medh., Kull., Nar., Ragh.). The insertion of the words ‘ an eldest
son’s additional’ before ‘ share,’ is made on the authority of Medh.
and Kull. ‘ Shall be punished,’ i. e. ‘ by reprimand (vagdawdadhig-
da#</abhyam) or by a fine as the case may require’ (Medh.). - Ap. II, 14, 15 ; Gaut. XXVIII, 40; Baudh. II, 3, 38. ‘Who
2J& LAWS OF MANU. IX, 215.
- If undivided brethren, (living with their
father,) together make an exertion (for gain), the
father shall on no account give to them unequal
shares (on a division of the estate). - But a son, born after partition, shall alone
take the property of his father, or if any (of the
other sons) be reunited with the (father), he shall
share with them. - A mother shall obtain the inheritance of a
son (who dies) without leaving issue, and, if the
mother be dead, the paternal grandmother shall
take the estate.
habitually commit forbidden acts/ i. e. ‘ who are addicted to gam-
bling, drinking, and the like vices’ (Kull., Ragh.), or ‘who, being
Brahmawas, follow despicable modes of living, such as tending
cattle, serving Sudras and the like’ (Nar.). Na . . . . kurvita
yautukam, ■ shall not make (anything his) separate property,’ means
according to Nand. ‘ shall not give a marriage-portion to his
daughter without having made a division of the estate.’ The correct
interpretation is, however, that given by the other commentators,
according to which the eldest is not to appropriate anything out
of the common stock for himself ‘without giving an equivalent to
the others’ (kanish/^ebhyas tavad adattva, Nar.).
- Y&gn. II, 120. Medh. remarks that this rule is a restric-
tion of the general power of the father to make an unequal .division
(Yagn.ll, 116), and thinks that it is not necessary that all the brothers
should have been associated in the same kind of work. According
to him it is sufficient that all have exerted themselves to gain
money. Nar. and Nand. clearly express the contrary view (sahot-
thana/rc sambhuyavatfigyadina vittar^anam, Nar.). - Gaut. XXVIII, 29 ; Vi. XVII, 3 ; Ya§™. II, 122.
- Vi. XVII, 7; Yagfi. II, 135. Kull., Nar., and Nand. all
three hold that the mother inherits only on failure of sons [grand-
sons and great-grandsons, Nand.], widows, and daughters. But
they disagree with respect to the sequence of the next follow-
ing heirs. Kull. holds that the mother and the father, whose
right has been mentioned above, verse 185, follow next, inherit-
ing conjointly, then brothers, afterwards brothers’ sons, and after
IX, 219. INHERITANCE. 379
- And if, after all the debts and assets have
been duly distributed according to the rule, any
(property) be afterwards discovered, one must
divide it equally. - A dress, a vehicle, ornaments, cooked food,
water, and female (slaves), property destined for
pious uses or sacrifices, and a pasture-ground, they
declare to be indivisible.
them the paternal grandmother. Nar. gives the following order :
i. mother, 2. father, 3. brothers, 4. brothers’ sons, 5. maternal
grandmother. Medh. says that this verse has been explained
formerly. The portion of his commentary where the explanation
occurred, has, however, been lost ; see note on verse 187.
- Ya§™. II, 126. Medh., Kull., and Nar. point out that on the
division of property discovered after partition, the eldest, according
to this text, receives no preferential share. Nar. adds that this rule
applies also to debts, discovered after partition. Nar. inserts this
verse after verse 219. - Gaut. XXVIII, 46-47 ; Vi. XVIII, 44. Instead of pattram,
1 a vehicle/ i. e. ‘ a horse or cart, used exclusively by one of the
coparceners during union’ (Medh., Kull., Nar., Ragh.), Nand.
reads patram, ‘ a drinking-vessel.’ Striya^, ‘ female (slaves)/ means
according to Nar. ‘ wives.’ My translation of yogakshemam, which
I take with Medh., Nar., and Nand. as a copulative compound in
the neuter gender, by ‘ property destined for pious uses and sacri-
fices/ rests on the explanation given by Vi^wancrvara (Colebrooke,
Mit. I, 4, 23), and adopted by Haradatta and Nandapa/z^ita on the
parallel passages of Gaut. and Vi. I prefer it to all others, chiefly
on account of the explicit passage of Laugakshi which Vign&nesvara.
quotes. In its favour speaks also that numerous royal grants allow
villages or land to Brahmawas and their descendants for the per-
formance of certain sacrifices, or for charitable purposes, such as
the daily distribution of food (annasattra or sadavrata), and that
the occurrence of a rule in the Smrz’tis, declaring property given
under such conditions to be impartible, is no more than might be
expected. The commentators on Manu, on the other hand, give
the following explanations : 1. ‘the means of securing protection,
i.e. royal councillors, family priests, ministers, old women (vr/ddha?),
a house, and a £ara, a spy(?), or a pasture-ground (?) and the like’
(Medh.); 2. ‘ a royal councillor, a domestic priest and the like’ (Kull,
38o
LAWS OF MANU.
IX, 220.
h
^
V
- The division (of the property) and the rules
for allotting (shares) to the (several) sons, those be-
gotten on a wife and the rest, in (due) order, have
been thus declared to you ; hear (now) the laws
concerning gambling. - Gambling and betting let the king exclude
from his realm ; those two vices cause the destruc-
tion of the kingdoms of princes. - Gambling and betting amount to open theft;
the king shall always exert himself in suppressing
both (of them). - When inanimate (things) are used (for
staking money on them), that is called among men
gambling (dyuta), when animate beings are used
(for the same purpose), one must know that to be
betting (samahvaya). - Let the king corporally punish all those
(persons) who either gamble and bet or afford (an
and Ragh., which latter reads, however, yogakshemapra&iram) ;
- ‘ means of gain, i. e. a grant and the like, received from a king
and the like, and gained by oneself, and means of protection’
(prakare k& ish/akadi/^ ? Nar.) ; 4. ‘ sources of gain, i. e. persons
for whom one sacrifices and the like, sources of protection, i. e.
doorkeepers and the like, and sources of gain and protection,
i.e. lords of villages and the like’ (Nand.). PraMra, ‘a pasture-
ground,’ means according to Nar. and Nand. ‘ a road leading to
a field, a garden and the like/
Medh., Kull., and Nar. state that the first four articles shall in
general be kept by the coparcener who used them or for whose use
they were prepared, but that articles or quantities of exceptional
value must be sold or exchanged for other property. Wells and so
forth are to be used by all the coparceners (Kull., Nand.). Female
slaves are to do work for all coparceners (Kull.).
221-229. Ap. II, 25, 12-15 5 Gaut. XXV, 18 ; Baudh. II, 2, 16 ;
Ya§7&. II, 199-203. In the I. 0. MSS. Medh.’s commentary on
verses 221-227 is missing.
- Y^,gn. II, 304. { The distinctive marks of twice-born men/
IX, 228. GAMBLING AND BETTING. 38 1
opportunity for it), likewise 6udras who assume the
distinctive marks of twice-born (men).
- Gamblers, dancers and singers, cruel men,
men belonging to an heretical sect, those following
forbidden occupations, and sellers of spirituous liquor,
let him instantly banish from his town. - If such (persons who are) secret thieves,
dwell in the realm of a king, they constantly harass
his good subjects by their forbidden practices. - In a former Kalpa this (vice of ) gambling
has been seen to cause great enmity ; a wise
man, therefore, should not practise it even for
amusement - On every man who addicts himself to that
(vice) either secretly or openly, the king may inflict
punishment according to his discretion.
i. e. ■ the sacrificial thread and the like’ (Kull., Nar.). ‘ Shall punish
corporally/ i. e. ‘ shall cause them to be flogged, &c.’ (Nar.), or ‘ shall
cause their hands and feet to be cut off and so forth according to
the gravity of the offence’ (Kull., Ragh.).
- Instead of kruran, ‘cruel men/ i.e. ‘those who hate men
learned in the Veda’ (Kull), Nar. and Ragh. read keran, which the
former explains by ‘ men of exceedingly crooked behaviour/ and
the latter in accordance with Kull.’s explanation of kruran. Nand.
reads kailan, ‘given to sports’ (kelmlan), and K. £oran, ‘thieves.’
Sau«^ikan, ‘ distillers or sellers of spirituous liquor’ (Kull., Nar.),
may also mean ‘ drunkards/ as Nand. explains it. - Instead of ‘who are secret thieves’ (Kull.), Nar. says,
‘ and secret thieves.’ Badhante, ‘ harass’ (Kull.), means according
to Nar., Ragh., and Nand. ‘ corrupt/ - Nar. explains purakalpe, ‘in a former Kalpa/ by ‘in the
ancient stories/ and Ragh. and Nand. point to the adventures of
king Nala and Yudhish/^ira, which, no doubt, are alluded to in
the text. - Ragh. and Nand. point out that not only corporal punish-
ment (according to verse 224), but also a fine may be inflicted; see
also the next verse.
382 LAWS OF MANU. IX, 229.
- But a Kshatriya, a VaLsya, and a 6udra who
are unable to pay a fine, shall discharge the debt by
labour ; a Brahma^a shall pay it by instalments. - On women, infants, men of disordered mind,
the poor and the sick, the king shall inflict punish-
ment with a whip, a cane, or a rope and the like. - But those appointed (to administer public)
affairs, who, baked by the fire of wealth, mar the
business of suitors, the king shall deprive of their
property. - Forgers of royal edicts, those who corrupt
his ministers, those who slay women, infants, or
Brahma^as, and those who serve his enemies, the
king shall put to death. - Whenever any (legal transaction) has been
completed or (a punishment) been inflicted according
to the law, he shall sanction it and not annul it. - Yagri. II, 43. Compare the rule given at VIII, 177.
- iSipha, ‘ a whip/ is explained by Ragh. as ‘ a rod measuring
five fingers/ or ‘ the pendent root of a fig-tree.’ Nar. and Nand.
give the latter meaning. Medh., Nar., and Nand. read daridranatha-
rogi^am, ‘ the poor, the unprotected, and the sick.’ - See above, VII, 124 ; Vi. V, 180. ‘ Those appointed, &c./
i.e. viceroys and so forth (Medh.), or judges and so forth (Nar.).
‘Baked by the fire of wealth’ is a simile taken from the burning of
earthen pots, and means that such persons by the influence of
wealth undergo a change for the worse, just as a pot heated in a
fire changes its colour, or, as the Vaireshikas hold; its nature. Ac-
cording to Medh., ‘others’ read ye ‘niyuktas tu, and referred the
verse to non-official persons meddling with administrative or
judicial business. - Ya.gn. II, 240; Vi. V, 9, 11.
- Medh. and Kull. refer this prohibition to cases which have
been properly decided in the king’s courts, while Nar. thinks that
it applies to orders passed by former kings. Nand. gives a different
explanation of the words tirita and anurish/a. He adduces a verse
of Katyayana, according to which the former means ‘a cause or
IX, 237. MISCELLANEOUS PUNISHMENTS. 383
- Whatever matter his ministers or the judge
may settle improperly, that the king himself shall
(re-)settle and fine (them) one thousand (pa^as). - The slayer of a Brahma/za, (a twice-born I
man) who drinks (the spirituous liquor called) Sura,
he who steals (the gold of a Brahma^a), and he who
violates a Guru’s bed, must each and all be con-
sidered as men who committed mortal sins (maha-
pataka). - On those four even, if they do not perform
a penance, let him inflict corporal punishment and *
fines in accordance with the law. _.
23J. For violating a Guru’s bed, (the mark of ) a SI
female part shall be (impressed on the forehead
with a hot iron); for drinking (the spirituous liquor r
called) Sura, the sign of a tavern ; for stealing (the
gold of a Brahma/za), a dog’s foot ; for murdering a
Brahma^a, a headless corpse. “^
plaint declared to be just or unjust by the assessors/ and the latter
‘ a cause or plaint confirmed by witnesses.’
- Yagn. II, 305. Medh. and Kull. think that this rule refers
to cases where the cause of the unjust decision is not a bribe, be-
cause the punishment of corrupt judges has been prescribed above,
verse 231. But Nar. and Ragh. think that it applies to cases of
bribery also, and that the fine shall vary according to the nature
of the case, 1000 pawas being the lowest punishment.
235-242. Baudh. I, 18, 18; Vi. V, 3-7.
- Instead of ‘(a twice-born man) who drinks the spirituous
liquor, &c/ (Kull., Nar.), Medh. and Ragh. say, ‘ a Brahma/za who,
&c. ;’ but see below, XI, 94. - Medh. remarks that ‘others’ refer this rule, on account of
the word api, ‘ even, likewise,’ to the fifth Mahapatakin also, i. e. to
him who associates with one of the other four (see below, XI, 55);
and Ragh., as well as Nand., approves of this explanation. - ‘ The sign of a tavern/ i. e. ‘a wine-cup/ It follows from
the rule given in verse 240, that the forehead is the place where
they shall be branded.
t-
384 LAWS OF MANU. IX, 238.
- Excluded from all fellowship at meals, ex-
cluded from all sacrifices, excluded from instruction
and from matrimonial alliances, abject and excluded
from all religious duties, let them wander over (this)
earth. - Such (persons) who have been branded
with (indelible) marks must be cast off by their
paternal and maternal relations, and receive neither
compassion nor a salutation ; that is the teaching of
Manu. - But (men of) all castes who perform the
prescribed penances, must not be branded on the
forehead by the king, but shall be made to pay
the highest amercement. - For (such) offences the middlemost amerce-
ment shall be inflicted on a Brahma^a, or he may
be banished from the realm, keeping his money and
his chattels. - But (men of) other (castes), who have unin-
tentionally committed such crimes, ought to be – de-
prived of their whole property ; if (they committed
them) intentionally, they shall be banished. - Medh. reads asawyo^ya^, ‘ excluded from all intercourse,’
instead of asa/raya^ya^, ‘ excluded from all sacrifices.’ - ‘ All castes/ i. e. ‘ the three Aryan castes/ Nar. and Nand.
read purve, ‘ the before-mentioned castes/ ‘ The highest amerce-
ment/ see above, VIII, 138. - According to Medh., the meaning of the verse is that a
Brahmawa, endowed with good qualities, who unintentionally (verse
242) committed a mortal sin, shall either be fined in the middle-
most amercement and be made to perform the prescribed penance,
or, if he refuses to do that, be banished without the infliction of a
fine. Kull. and Nand. partly agree, but think that the offender is
to be banished, if he committed the crime intentionally. - The translation follows Nar. and Nand., who think that
persons, performing no penance, shall be deprived of their whole
IX, 247. MISCELLANEOUS PUNISHMENTS. 385
- A virtuous king must not take for himself
the property of a man guilty of mortal sin ; but if
he takes it out of greed, he is tainted by that guilt
(of the offender). - Having thrown such a fine into the water,
let him offer it to Varu^a, or let him bestow it on a
learned and virtuous Brahma?za. - Vanma is the lord of punishment, for he
holds the sceptre even over kings ; a Brahma/za
who has learnt the whole Veda is the lord of the
whole world. - In that (country), where the king avoids
taking the property of (mortal) sinners, men are
born in (due) time (and are) long-lived, - And the crops of the husbandmen spring
up, each as it was sown, and the children die not,
and no misshaped (offspring) is born.
property, if the offence was committed unintentionally, and be
banished after being branded, if their crime was intentional. Nar.-,
moreover, adds, ‘ this refers to light cases ; it has been declared
that he shall slay the offender in bad cases.’ Kull. and Ragh. think
that confiscation of the whole property shall be inflicted in particu-
larly bad cases, instead of the fine of 1000 pa^as prescribed in
verse 240; and Medh. says that this is the opinion of ‘some/
Medh., Kull., and Ragh. explain pravasanam, ‘ shall be banished,’
by ‘ shall be punished corporally.’ Though it is not absolutely
impossible that pravas may mean ‘ to hurt, or punish corporally,’ it
seems not advisable to take the word in the latter sense, on account
of verses 238 and 241; compare also VIII, 284. Medh. remarks
that a -Sudra who offends unintentionally, shall be branded and be
deprived of his whole property, else he shall be put to death.
- Ydign. II, 307.
- Varuraa is the supreme ruler (adhira^a) of kings; see
Taittiriya-brahma^a III, 1, 2, 7. Regarding the position of a
learned Brahmawa, see above, I, 98-101. - Instead of kalena, ‘in (due) time,’ i.e. ‘after the full period
of gestation’ (Kull., Nar., Ragh.), Nand. reads loke tu, ‘but in that
country.’
[25] c c
386 LAWS OF MANU. IX, 248.
- But the king shall inflict on a base-born
(.Sudra), who intentionally gives pain to Brahma^as,
various (kinds of) corporal punishment which cause
terror. - When a king punishes an innocent (man), his
guilt is considered as great as when he sets free a
guilty man; but (he acquires) merit when he punishes
(justly).
2 50. Thus the (manner of) deciding suits (falling)
under the eighteen titles, between two litigant
parties, has been declared at length.
- A king who thus duly fulfils his duties in
accordance with justice, may seek to gain countries
which he has not yet gained, and shall duly protect
them when he has gained them. - Having duly settled his country, and having
built forts in accordance with the Institutes, he shall
use his utmost exertions to remove (those men who
are nocuous like) thorns. - By protecting those who live as (becomes)
Aryans and by removing the thorns, kings, solely
intent on guarding their subjects, reach heaven. - The realm of that king who takes his share
- See above, VIII, 279-284. Though all the commentators
take avaragam in the sense of ‘ a base-born -Sudra, ‘ the word may
have its etymological meaning, ‘ a man of lower caste/ Medh.
explains ‘who gives pain’ by ‘who takes their property or wives;’
Nar., ‘ who causes exceedingly great misery.’ - See above, VIII, 19, 310-311, 317.
- ‘ This verse is the conclusion of the section on the eighteen
titles of the law’ (Medh.), ‘and now follows a supplement on the
duties of a king’ (Nar.). - See above, VII, 69-70.
253-254. See above, VIII, 307, 386-387.
IX, 258. DUTIES OF A KING. 387
in kind, though he does not punish thieves, (will be)
disturbed and he (will) lose heaven.
- But if his kingdom be secure, protected by
the strength of his arm, it will constantly flourish
like a (well)-watered tree. - Let the king who sees (everything) through
his spies, discover the two sorts of thieves who
deprive others of their property, both those who
‘(show themselves) openly and those who (lie) con-
cealed.
- Among them, the open rogues Jare those)
who subsist by (cheating in the sale of) various
marketable commodities, but the con reeled rogues
are burglars, robbers in forests, and so__ihr.th . - Those who take bribes, cheats and rogues,
gamblers, those who live by teaching (the per-
formance of) auspicious ceremonies, sanctimonious
hypocrites, and fortune-tellers, - Aupadhika^ ‘ cheats/ means according to Medh. ‘ persons
of crooked behaviour who promise kindnesses, but secretly do evil
to others,’ or ‘ such as take money under false pretences,’ or
1 such as extort money by threats.’ The last explanation is adopted
by Kull. and Ragh., while Nar. and Nand. interpret the term to
mean ‘persons who cheat by using false weights and measures.’
VaiUaka^, ‘ rogues,’ i.e. ‘ men who promise to transact business for
others, and do not keep their word ‘ (Medh.), or ‘ alchemists who
pretend to change base metals into precious metals ‘ (rasara vidya;/z
[rasavidyaya] tamradi ra^atadirupe«a dar^ayitva suvarwadikawz
gnhwanti, Ragh., Kull.), or ‘men who take money on false pre-
tences ‘ (Nar.). Mahgaladejavrz’tta^, ‘ those who live by teaching
the performance of, or by performing for others, auspicious cere-
monies ‘ (Medh., Kull., Ragh.), means according to Nar. ‘ men who
live by reciting auspicious hymns’ (marigalastutipaMo vrittam
kzx\2Jti yesham), and Medh. proposes a similar alternative expla-
nation. Medh. reads bhadrapreksha/zikai^ saha, and explains the
compound by ‘eulogists’ (praja/rcsikapurushalakshawa/z). Nar.
explains ikshamka/^, ‘ fortune-tellers,’ by ‘ actors and jugglers.’
C C 2
388 LAWS OF MANU. IX, 259.
- Officials of high rank and physicians who
act improperly, men living by showing their pro-
ficiency in arts, and clever harlots, - These and the like who show themselves
openly, as well as others who walk in disguise (such
as) non-Aryans who wear the marks of Aryans, he
should know to be thorns (in the side of his
people). - Having detected them by means of trust-
worthy persons, who, disguising themselves, (pre-
tend) to follow the same occupations and by means
of spies, wearing various disguises, he must cause
them to be instigated (to commit offences), and
bring them into his power. - Mahamatra, ‘ officials of high rank/ i.e. ‘courtiers such as
councillors and domestic priests’ (Medh.), or ‘ministers’ (Nar.), is
taken by Kull. and Ragh. in its other sense, ‘ elephant-breakers.’
-Silpopa>6arayukta>$, ‘men living by showing their proficiency in
arts,’ i. e. ‘ such as cut figures out of chips of cane and the like ‘
(Medh., Ragh.), or ‘ painters and the like ‘ (Kull.). Nar. and
Nand. read jilpopakarayukta^, i. e. ‘ artists such as painters and
persons adorning (upakara) people such as hairdressers’ (Nar.),
or ‘umbrella and fan makers’ (Nand.). Medh. says that asam-
yakkarma^, ‘ who act improperly,’ must be taken with all the four
classes of persons enumerated. - Nar. and Nand. read vi^atiyan, ‘ such and the like open
(rogues) of many kinds,’ and connect the accusatives in this verse
with viditva in. the next. Kull. takes vi^amyat, ‘let him know (to
be),’ in the sense of ‘ let him discover (through spies).’ - The translation follows Nar.’s explanation, who reads
protsahya (likewise found in Gov., Ragh., and K.) instead of
protsadya, found in the editions, in Kull.’s and probably also in
Medh.’s version. The reading protsadya, ‘ having destroyed them,’
is objectionable on account of the following verse. Ragh. ex-
plains protsahya differently ; he says, ‘ having inspired them with
energy by saying, “you must give up this livelihood and earn
money by agriculture, trade, and the like,” he shall induce to adopt
a honest mode of line through desire for money.’ Nand. seems to
IT, 268. DUTIES OF A KING. 389
- Then having caused the crimes, which they
committed by their several actions, to be proclaimed
in accordance with the facts, the king shall duly
punish them according to their strength and their
crimes. - For the wickedness of evil-minded thieves,
who secretly prowl over this earth, cannot Jbe__re-
strained except by punishment.
“264. Assembly-houses, houses where water is dis-
tributed or cakes are sold, brothels, taverns and
victualler’s shops, cross-roads, well-known trees,
festive assemblies, and play-houses and concert-
rooms,
- Old gardens, forests, the shops of artisans,
empty dwellings, natural and artificial groves, - These and the like places the king shall
cause to be guarded by companies of soldiers, both
stationary and patrolling, and by spies, in order to
keep away thieves. - By the means of clever reformed thieves,
who associate with such (rogues), follow them and
know their various machinations, he must detect
and destroy them. - Under the pretext of (offering them) various
dainties, of introducing them to Brahma/zas, and on
the pretence of (showing them) feats of strength, the
(spies) must make them meet (the officers of justice).
read protsarya (protsarya, MS.). Kull. explains anekasawsthanai/^,
‘ wearing various disguises ‘ (Nar., Nand.), by ‘ stationed in various
places/ Medh.’s commentary on the end of verse 261 and on
verses 262-274 is missing in the I. O. MSS.
- Instead of utsadayet, ‘he’ shall destroy them’ (Kull., K.,
editions), Gov., Nar., Nand., and Ragh. read utsahayet, i.e. * he shall
incite them to commit (crimes.’ Nar., Ragh.).
390 LAWS OF MANU. IX, 269.
- Those among them who do not come, and
those who suspect the old (thieves employed by
the king), the king shall attack by force and slay
together with__their friends, blood relations, and
connexiojis. - A just king shall not cause a thief to be
put to death, (unless taken) with the stolen goods
(in his possession) ; him who (is taken) with the
stolen goods and the implements (of burglary), he
may, without hesitation, cause to be slain. - All those also who in villages give food to
thieves or grant them room for (concealing their
implements), he shall cause to be put to death. - Those who are appointed to guard pro-
vinces and his vassals who have been ordered (to
help), he shall speedily punish like thieves, (if they
remain) inactive in attacks (by robbers). - Moreover if (a man), who subsists by (the
fulfilment of) the law, departs from the established
rule of the law, the (king) shall severely punish him
by a fine, (because he) violated his duty. - Mulapramhita^, ‘ who suspect the old thieves employed
by the king ‘ (Kull., Ragh.), means according to Nar. ‘ who have
been sent by ministers and the like staying in his kingdom/ and
according to Nand. ‘ who have discovered the root, i. e. the reasons
(of the proceedings of the spies)/ All the three explanations are,
however, doubtful. - BhaWavaka\?ada/$, ‘who give them room for (concealing)
their implements’ (Kull.), means according to Nar. ‘who give
them money (for buying arms and the like) and shelter/ - The commentators take samantan, ‘his vassals/ in its
etymological sense of ‘neighbours/ But it has here no doubt the
usual technical meaning. - According’ to the commentators officiating priests and
other Brahmawas are meant, who subsist by obtaining alms on
the strength of their piety.
IX, 278. DUTIES OF A KING. 39 1
- Those who do not give assistance according
to their ability when a village is being plundered, a
dyke is being destroyed, or a highway robbery com-
mitted, shall be banished with their goods and
chattels. - On those who rob thR kingg treasury and
those who persevere in opposing (his commands),
he shall inflict various kinds of capital punishment,
likewise on those who conspire with his enemies. - But the king shall cut off the hands of those
robbers who, breaking into houses, commit thefts at
night, and cause them to be impaled^ on a pointed
stake. - On the first conviction, let him cause two,
fingers of a cut-purse to be amputated; on the second,
one hand and one foot ; on the third, he shall suffer
death. - Those who give (to thieves) fire, food, arms,
or shelter, and receivers of stolen goods, the ruler
shall punish like thieves. - Vi.V, 74. Instead of hitabhange, ‘ when an embankment
is destroyed ‘ (Kull., editions), Ragh. reads hitabhahge, and Gov.
as well as Nand. id3.bha.hge with the same explanation. Nar. has
tad&gabhahge, probably a mistake for idabharige, and mentions a
var. lect. hi//abhange, adding that hi//a is ‘ a dam thrown across
a river.’ K. finally reads setubhahge. - Yagri. II, 273.
- Vi.V, 136 ; Yagn. II, 274. ‘Two fingers,’ i. e. ‘the thumb
and the index ‘ (Kull, Ragh., Nar.), or ‘ the index and the middle
finger ‘ (Nand.). - Yag^. II, 276. ‘Those who give (to thieves) fire,’ i.e. ‘in
order that they may warm themselves, or for similar purposes’
(Medh.), or ‘ in order that they may put fire to houses ‘ (Nar.).
Moshasya sa/?znidhatrzh, ‘receivers of stolen goods’ (Kull.),
means according to Nar. ‘ those who conduct thieves to the place
where they can commit their crime, or helpers and abettors.’ The
best copy of Medh. has mokshasya, both in the text and in the
392 LAWS OF MANU. IX, 279.
- Him who breaks (the dam of) a tank he
shall slay (by drowning him) in water or by (some
other) simple (mode of) capital punishment ; or the
offender may repair the (damage), but shall be made
to pay the highest amercement. - Those who break into a (royal) storehouse,
an armoury, or a temple, and those who steal ele-
phants, horses, or chariots, he shall slay without
hesitation. - But he who shall take away the water of a
tank, made in ancient times, or shall cut off the
supply of water, must be made to pay the first (or
lowest) amercement. - But he who, except in ‘a case of extreme
necessity, drops filth on the king’s high-road, shall
pay two karshapa/zas and immediately remove (that)
filth. - But a person in urgent necessity, an aged
man, a pregnant woman, or a child, shall be repri-
manded and clean the (place); that is a settled rule. - All physicians who treat (their patients)
wrongly (shall pay) a fine; in the case of animals, the
commentary, and the other gives it in the text, while the expla-
nation is rakshitara^, ‘ protectors or abettors/ Nand., too, reads
in the text mokshasya, and says, ‘mokshasya moshitadravyasya
mokshasadhanasyeti va7 It would, therefore, seem that an ancient
var. lect. mokshasya really existed.
- Y&gfi. II, 278. ‘By (some other) simple (mode of) capital
punishment,’ i. e. ‘ by cutting off his head ‘ (Nar., Ragh.). - Yagri. II, 273. This verse and the next are omitted in
the I. O. MSS. of Medh. - Nar. says that the offender must also make good the
damage done. - Vi.V, 106-107. Medh. says that he shall pay the JTaw^ala,
i.e. the sweeper, to remove the filth. - Vi.V, 175-177; Ya^n. II, 242. Nar. adds, ‘But this
IX, 290. DUTIES OF A KING. 393
first (or lowest) ; in the case of human beings, the
middlemost (amercement).
- He who destroys a bridge, the flag (of a
temple or royal palace), a pole, or images, shall
repair the whole (damage) and pay five hundred
(pa/zas). - For adulterating unadulterated commodities,
and for breaking gems or for improperly boring
(them), the fine is the first (or lowest) amercement. - But that man who behaves dishonestly to
honest (customers) or cheats in his prices, shall be
fined in the first or in the middlemost amercement. - Let him place all prisons near a high-road,
where the suffering and disfigured offenders can
be seen. - Him who destroys the wall (of a town), or
fills up the ditch (round a town), or breaks a (town)-
gate, he shall instantly banish. - For all incantations intended to destroy life,
refers to cases when death is not (the result of the wrong treat-
ment) ; for if that is the case the punishment is greater.’
- Vi.V, 174; Yagri. II, 297. ‘A pole,’ i.e. the flagstaff of
a village (Nar.), or ‘ such as stand in tanks and the like ‘ (Kull.).
‘Images/ i.e. ‘statues of men; but death as the punishment for
destroying images of the gods, because (above, verse 280) capital
punishment has been prescribed for breaking into temples ‘ (Nar.).
Kull. and Ragh. say ‘ common images, made of clay and so forth/ - Vi. V, 124 ; Yagri. II, 245-246. Medh. thinks that the fine
must be proportionate to the value of the spoiled gem, and Kull.
adds that in every case the owner of the spoilt article shall receive
compensation. - Thus Kull. and Nar. But Medh. takes the first clause
differently : ‘ That man who gives unequal (quantities) for (such
goods as ought to be bartered for) equal (quantities).’ - Nand. reads kash/ani, ‘ where the treatment is severe/
instead of sarvam, ‘ all/ - According to the commentators the abhi/fcara^ comprise
194 LAWS OF MANU. IX, 291.
r
for magic rites with roots (practised by persons) not
related (to him against whom they are directed), and
for various kinds of sorcery, a fine of two hundred
(pa^as) shall be inflicted.
- He who sells (for seed-corn that which is)
not seed-corn, he who takes up seed (already sown),
and he who destroys a boundary(-mark), shall be
punished by mutilation. - But the king shall cause a goldsmith who
behaves dishonestly, the most nocuous of all the
thorns, to be cut to pieces with razors. - For the theft of agricultural implements, of
arms and of medicines, let the king award punish-
ment, taking into account the time (of the offence)
and the use (of the object).
1
all incantations and sacrifices, taught either in the Veda or in
secular works, which are intended to destroy life. The magic
rites, performed with roots, are those which are intended to bring a
person into one’s power. These are permitted, if practised against
a husband or a relative (Nar.). The krz’tya^, ‘ sorcery/ are such
spells as produce diseases, or cause the failure of an adversary’s
undertakings. If the abhi/£aras are successful, the punishment is
that of murder (Medh., Kull.).
- Instead of bi^otkrzsh/am (Kull.), which is explained ‘who
sells seed-corn placed (at the top of a bag of worthless grain),’ the
correct reading seems to be bi^otkrash/a, ‘ he who takes up seed
(already sown).’ Bi^otkrash/a occurs in Nar.’s commentary only,
where it is explained bi^-akale maharghatakamotkarshakari, ‘he
who at sowing time plucks (the seed) out, desiring to raise the
price of grain/ All the other commentators give more or less cor-
rupt readings, which, however, all point to the form bi^-otkrash/a,
viz. Medh., bi^etkrush/a^ or big-otkrzptya^, explained by vandhya-
niti kshetra ^natu [kshetram kartuw] bi^am utkarshati jobhanaw
yad big&m kshetre [ta]devoddhrztya nayati ; Gov., bi^otkrzsh/a// ;
Nand., bigoikn’shtoh and bi^-otkrzsh/^, explained by bi^anam upta-
nam uddharta ; K., biryatkrash/a, marked as corrupt. - Thus a theft of a plough in the season for ploughing, or
IX, 299′ DUTIES OF A KING. 395
- The king and his minister, his capital, his
realm, his treasury, his army, and his ally are the
seven constituent parts (of a kingdom); (hence) a
kingdom is said to have seven limbs (ahga). - But let him know (that) among these seven
constituent parts of a kingdom (which have been
enumerated) in due order, each earlier (named) is
more important and (its destruction) the greater
calamity. - Yet in a kingdom, containing seven con-
stituent parts, which is upheld like the triple staff
(of an ascetic), there is no (single part) more im-
portant (than the others), by reason of the importance
of the qualities of each for the others. - For each part is particularly qualified for
(the accomplishment of) certain objects, (and thus)
each is declared to be the most important for that
particular purpose which is effected by its means. - By spies, by a (pretended) display of energy,
and by carrying out (various) undertakings, let the
king constantly ascertain his own and his enemy’s
strength ; - Moreover, all calamities and vices ; after-
wards, when he has fully considered their relative
importance, let him begin his operations.
arms just before or during a fight, should be punished more heavily
than if it had been committed at any other time,
i 294. See above, VII, 257 ; Y&gfi. I, 352.
- The verse is meant, as the commentators remark, to show
that one must not infer from verse 295 that the Ahgas, named later
in the enumeration, may be neglected. According to Nar., the
simile is not taken from the triple staff of an ascetic, but from
the three beams of a house and the like. - See above, VII. Medh., Gov., Nar., Nand., and K. read
at the end of the line, paratmano^, instead of mahipati^. - ‘All calamities and vices/ i. e. ‘ those affecting his enemy
596 LAWS OF MANU. IX
j .>
oo.
- (Though he be) ever so much tired (by
repeated failures), let him begin his operations again
and again ; for fortune greatly favours the man
who (strenuously) exerts himself in his under-
takings. - The various ways in which a king behaves
(resemble) the Kf/ta, Treta, Dvapara, and Kali
ages ; hence the king is identified with the ages (of
the world). - Sleeping he represents the Kali (or iron
age), waking the Dvapara (or brazen) age, ready to
act the Treta (or silver age), but moving (actively)
the Krtta. (or golden) age. - Let the king emulate the energetic action of
Indra, of the Sun, of the Wind, of Yama, of Varu/za,
of the Moon, of the Fire, and of the Earth. - As Indra sends copious rain during the four
months of the rainy season, even so let the king,
taking upon himself the office of Indra, shower
benefits on his kingdom. - As the Sun during eight, months (imper-
ceptibly) draws up the water with his rays, even so
let him gradually draw his taxes from his kingdom;
for that is the office in which he resembles the Sun. - As the Wind moves (everywhere), entering
(in the shape of the vital air) all created beings,
even so let him penetrate (everywhere) through his
and his enemy’s party’ (Nar.), or ‘those affecting both his own
and the enemy’s parties’ (Kull.). Nand. reads the second line as
follows, gurulaghavato ^atva tata^ karma sama/£aret.
- This verse closely agrees with the fourth exhortation,
addressed by Indra to Rohita, Aitareya-brahmawa VII, 15. - Instead of nityam, l gradually,’ Nand. reads samyak,
1 duly.’
IX, 313- DUTIES OF A KING. 397
spies ; that is the office in which he resembles the
Wind.
- As Yama at the appointed time subjects to
his rule both friends and foes, even so all subjects
must be controlled by the king ; that is the office in
which he resembles Yama. - As (a sinner) is seen bound with ropes by
Varu/za, even so let him. punish the wicked ; that is
his office in which he resembles Varu^a. - He is a king, taking upon himself the office
of the Moon, whose (appearance) his subjects (greet
with as great joy) as men feel on seeing the full
moon. - (If) he is ardent in wrath against criminals
and endowed with brilliant energy, and destroys
wicked vassals’, then his character is said (to re-
semble) that of Fire. - As the Earth supports all created beings
equally, thus (a king) who supports all his subjects,
(takes upon himself) the office of the Earth. - Employing these and other means, the king
shall, ever untired, restrain thieves both in his own
dominions and in (tho§£-of) 0TrTersT~ Id • \\b\C< - Let him-<no1:, though fallen into the deepest j
distress, provoke Brahma^as to anger ; JoH-they^ ~ft - Nand. reads the first line differently, Varutfenapi parais £a
badhyate varimair naraA, ‘ As men are bound by Varuwa with
VaruTza’s fetters/ The expression ‘ the fetters of Varu/za ‘ is a
common designation of dropsy. - Nar. adds, ‘As the fire at an ordeal injures wicked men,
even so he should destroy wicked neighbours.’ - ‘In (those of) others,’ i.e. ‘those thieves who live in other
kingdoms, and come to rob in his own’ (Kull., Nar.). Nand. omits
this and the next two verses. - ‘Let him not provoke Brahmawas to anger/ i.e. ‘by taking their
4
39$ LAWS OF MANU- IX, 314.
wji^nan^ered^oiilrl instantly destroy him together
with his army and his vehicles.
- Who could escape destruction, when he pro-
vokes to anger those (men), by whom the fire was
made to consume all things, by whom the (water of
the) ocean was made undrinkable, and by whom the
moon was made to wane and to increase again ?
{315. Who could prosper, while he injures those
(men) who provoked to anger, could create other
worlds and other guardians of the world, and deprive
the gods of their divine station ?
- What man, desirous of life, would injure them
to whose support the (three) worlds and the gods ever
owe their existence, and whose wealth is the Veda ? - A Brahma/za, be he ignorant or learned, is a
great divinity, just as the fire, whether carried forth
(for the performance of a burnt-oblation) or not
carried forth, is a great divinity. - The brilliant fire is not contaminated even
in burial-places, and, when presented with oblations
(of butter) at sacrifices, it again increases mightily.
property’ (Medh., Nar.), or ‘ treating them with contumely’ (Medh.).
1 They could destroy him,’ i. e. ‘by magic rites and curses’ (Kull.).
- This verse refers to certain stories, told, as Medh. and
Nar. point out, in the section of the Mahabharata, called Moksha-
dharmaA XII, 344, 55, 57-58, 60-61. There it is said that Bhrzgu
made the fire consume all things, that the moon became ‘ con-
sumptive’ in consequence of the curse of Daksha, and that Va</ava-
mukha made the ocean salt in punishment for his disobedience. - This verse also contains allusions to the Mahabharata.
Vwvamitra tried to create other worlds (Medh.), the Valakhilyas
another Indra and Vayu, and others deprived the gods of their
station. With respect to the latter point, Ragh. quotes the story of
MaWavya cursing Yama (Mahabharata I, 108, 16), and causing
him to be born as a Sudra. - See above, I, 93-95.
IX, 323- DUTIES OF A KING. 399
_
- Thus, though Brahma^as employ them-
selves in all (sorts of) mean occupations, they must /
be honoured in every way ; for (each of) them is a li
very great deity. jfi - When the Kshatriyas become in any way
overbearing towards the Brahma^as, the Brahma^as
themselves shall duly restrain them ; for the Ksha-
triyas sprang from the Brahma^as. - Fire sprang from water, Kshatriyas from
Brahma;^as, iron from stone ; the all-penetrating
force of those (three) has no effect on that whence
they were produced. - Kshatriyas prosper not without Brahma;/as,
Brahma^as prosper not without Kshatriyas ; Brah-
ma/zas and Kshatriyas, being closely united, prosper
in this (world) and in the next. - But (a king who feels his end drawing nigh)
shall bestow all his wealth, accumulated from fines,
on Brahma^as, make over his kingdom to his son,
and then seek death in battle. - ‘Fire sprang from water, thus speak the Pauramkas’
(Nand.); ‘(that origin is) visible in the case of lightning and in that
of the (submarine) Va^avagni’ (Ragh.). According to Ragh., the
statement that the Kshatriyas sprang from the Brahmawas is based
on a Vedic passage. But Nar. thinks that it alludes to a Pauramk
story, according to which the Brahmawas produced with the Ksha-
triya females a new Kshatriya race after the destruction of the
second varwa by Para.mrama. - Gaut. XI, 14 ; Vas. XIX, 4.
- Medh. says that others explain the expression ‘all his
wealth, accumulated from fines,’ as including ‘ all the king’s
possessions, excepting horses and chariots, arms, land, and slaves,’
but that this is improper. He adds that, if the king cannot die in
battle, he may burn or drown himself. Kull. says that he may kill
himself by starvation. In later times kings followed this rule ; see
e.g. Vikramanka^arita IV, 44-68.
19LS9
400 LAWS OF MANU. IX, 324.
- Thus conducting himself (and) ever intent on
(discharging) his royal duties, a king shall order all
his servants (to work) for the good of his people. - Thus the eternal law concerning the duties
of a king has been fully declared ; know that the
following rules apply in (due) order to the duties of
Vaisyas and .Sudras. - After a Vaiiya has received the sacraments .
and has taken a wife, he shall be always attentive
to the business whereby he may subsist and to
(that of) tending cattle. - For when the Lord of creatures (Pra^apati)
created cattle, he made them over to the Vaiiya ;
to the Brahma/za, and to the king he entrusted all
created beings. - A Vaiiya must never (conceive this) wish,
‘ I will not keep cattle ;’ and if a Vaiiya is willing (to
keep them), they must never be kept by (men of)
other (castes). - (A Vaiiya) must know the respective value
of gems, of pearls, of coral, of metals, of (cloth) made
of thread, of perfumes, and of condiments. - He must be acquainted with the (manner of)
sowing of seeds, and of the good and bad qualities
of fields, and he must perfectly know all measures
and weights. - Moreover, the excellence and defects of
commodities, the advantages and disadvantages of
(different) countries, the (probable) profit and loss
on merchandise, and the means of properly rearing
cattle. - He must be acquainted with the (proper)
- Regarding the ‘business whereby a Vauya may subsist/
see below, X, 77-78.
1
X, I. TIMES OF DISTRESS, MIXED CASTES. 40 1
wages of servants, with the various languages of
men, with the manner of keeping goods, and (the
rules of) purchase and sale.
- Let him exert himself to the utmost in order
to increase his property in a righteous manner, and
let him zealously give food to all created beings.
^o 334. But to serve Brahma^as (who are) learned
in the Vedas, householders, and famous (for virtue)
is the highest duty of a ,5udra, which leads to
beatitude. - (A .Sudra who is) pure, the servant of his
betters, gentle in his speech, and free from pride,
and always seeks a refuge with Brahma^as, attains
(in his next life) a higher caste. - The excellent law for the conduct of thef^
(four) castes (vanza), (when they are) not in distress,
has been thus promulgated ; now hear in order their
(several duties) in times of distress. –
Chapter X.
- Let the three twice-born castes (var/za), dis-
charging their (prescribed) duties, study (the Veda) ;
but among them the Brahma/za (alone) shall teach
it, not the other two ; that is an established rule. - ‘ If a rich VaLsya is not liberal, he shall be punished by the
king’ (Medh.).
334-336. See below, X, 1 21-129.
- I read with Medh., Gov., and Nar., brahma^apajrayo
nityam.
X. 1. Medh. has one line more in the beginning, ‘Hereafter
I will declare the rules applicable to that which must be studied.’
According to Nar., the expression svakarmastha^, ‘discharging
their prescribed duties/ means ‘if they follow their prescribed
[25] D d
402 LAWS OF MANU. X, 2.
- The Brahma^a must know the means of sub-
sistence (prescribed) by law for all, instruct the
others, and himself live according to (the law). - On account of his pre-eminence, on account
of the superiority of his origin, on account of his
observance of (particular) restrictive rules, and on
account of his particular sanctification the Brah-
ma»a is the lord of (all) castes (var/za). - The Brahma;za, the Kshatriya, and the Vai-sya
castes (var^a) are the twice-born ones, but the fourth,
the .Sttdra, has one birth only ; there is no fifth
(caste). - In all castes (var/za) those (children) only which
are begotten in the direct order on wedded wives,
equal (in caste and married as) virgins, are to be
occupations,’ and indicates that those who follow forbidden occupa-
tions, i. e. live like -Sudras, shall not study the Veda. The com-
mentators entirely forget to mention that, according to II, 241- 242,
a Brahmawa may learn the Veda from a non-Brahmamcal teacher,
and that hence this rule is not absolute.
- Gaut. XI, 25 ; Vas. I, 39-41. Medh. points out that this rule
gives an exception to IV, 80, where it is said that a Brahmawa
shall not give spiritual advice to a -Sudra. - See above, I, 93. ‘ On account of his pre-eminence/ i. e.
1 through his qualities ‘ (Medh.), or ‘ by race ‘ (Gov., Kull., Nar.,
Ragh.). Niyamasya ka. dharawat, ‘ on account of his observance of
(particular) restrictive rules,’ i.e. ‘of the rules prescribed for a
Snataka ‘ (Medh., Gov., Nar., Ragh.), means according to Kull.
1 on account of his possessing a particularly great knowledge of
the Veda.’ ‘ On account of his particular sanctification,’ i. e.
‘because special observances are required from him in sipping
water and so forth, or because he must be initiated earlier than
a Kshatriya’ (Medh.). The other commentators give the second
explanation only. ‘ The lord/ i. e. ‘ the adviser and instructor.5 - Ap. 1, 1, 3 ; Vas. II, 1-2 ; Baudh. I, 16, 1; Ya^-w. I, 10.
- Ap. II, 13, 1 ; Vi. XVI, 1; Yagn. I, 90. ‘ In the direct order/
i. e. « by a Brahma«a on a Brahmawi, by a Kshatriya on a Kshatriya,
and so forth ‘ (Medh., Gov., Kull.), means according to Nar., that
l
X, 8. MIXED CASTES. 403
considered as belonging to the same caste (as their
fathers).
- Sons, begotten by twice-born men on wives of
the next lower castes, they declare to be similar (to
their fathers, but) blamed on account of the fault
(inherent) in their mothers. - Such is the eternal law concerning (children)
born of wives one degree lower (than their hus-
bands) ; know (that) the following rule (is applica-
ble) to those born of women two- or three degrees
lower. - From a Brahma^a with th« daughter of a
VaLsya is born (a son) called an Ambash^a, with the
daughter of a .5udra a Nishada, who is also called
a Para^ava.
in each case the bridegroom must be older than the wife. He adds,
1 Hence it has been declared that the son of a woman who is older
than (her husband) is not a Brahmawa, though she may have been
legally married, and may be of the same caste (as her husband).’
The commentators are at great pains to prove that subsidiary sons,
such as Saho^as, Kaninas, and so forth, and all offspring of illicit
unions are outcasts. Medh. and Gov. even take the trouble to
discuss the Vedic story of Gabala Satyakama (^Oandogya Up.
IV, 4), whose mother did not know by whom he was begotten,
and who, nevertheless, was admitted to be a Brahma^a. They
are of opinion that Gabala had been legally married, and had for-
gotten her husband’s family-name during her troubles.
6-56. Gaut. IV, 16-28; Vas. XVIII; Baudh. I, 16, 6-17, 15;
Vi. XVI, 2-15 ; Yagn. I, 91-95.
- ‘ Blamed,’ i. e. ‘ excluded from the fathers’ caste ‘ (Nar.). With
the expression ‘ similar,’ compare Baudh.’s term ‘ savar«a.’ Nand.
places verse 14 immediately after this, and adds that if the latter
is placed lower down, that is owing to a mistake of the copyists. - Regarding the term Para^ava, see above, IX, 178. Gov.
and Nar. remark that the second name Para^ava is added in order
to distinguish this Nishada from the other Nishada, who is a Pra-
tiloma, and subsists by catching fish. - Medh. does not give this verse.
D d 2
404 LAWS OF MANU.
- From a Kshatriya and the daughter of a
6udra springs a being, called Ugra, resembling
both a Kshatriya and a 6udra, ferocious in his
manners, and delighting in cruelty. - Children of a Brahma^a by (women of) the
three (lower) castes, of a Kshatriya by (wives of)
the two (lower) castes, and of a Vaiiya by (a wife
of) the one caste (below him) are all six called
base-born (apasada).
1 1. From a Kshatriya by the daughter of a Brah-
ma/za is born (a son called) according to his caste
(^-ati) a Suta ; from a Vaisya by females of the royal
and the Brahma/za (castes) spring a Magadha and a
Vaideha.
- From a .Sudra are born an Ayogava, a
Kshattrz, and a ATa^ala, the lowest of men, by
Vaisya, Kshatriya, and Brahma^a females, (sons
who owe their origin to) a confusion of the castes. - As an AmbashMa and an Ugra, (begotten) in
the direct order on (women) one degree lower (than
their husbands) are declared (to be), even so are a
Kshattrz and a Vaidehaka, though they were born
in the inverse order of the castes (from mothers one
degree higher than the fathers). - Those sons of the twice-born, begotten on
wives of the next lower castes, who have been
enumerated in due order, they call by the name - Nar. and K. read Ayogava. Medh. and Nand. read Aaw^ala,
instead of ^Ta^ala (Gov., Kull.). - The meaning is that the Kshattr/ and the Vaidehaka, though
Pratilomas, hold the same position with respect to sacred rites, but
not with respect to studying and so forth, and are as fit to be
touched as the two Anulomas (Medh.). Gov. and Kull. mention
the second point of equality only. - The meaning is that they are reckoned as belonging to the
MIXED CASTES. 405
Anantaras (belonging to the next lower caste), on
account of the blemish (inherent) in their mothers.
- A Brahma/za begets on the daughter of an
Ugra an Avrzta, on the daughter of an Ambash/^a
an Abhira, but on a female of the Ayogava (caste)
a Dhigva;za. - From a 6udra spring in the inverse order
(by females of the higher castes) three base-born
(sons, apasada), an Ayogava, a Kshattrz, and a
Kandala, the lowest of men ;
1 7. From a Vaiiya are born in the inverse order
of the castes a Magadha and a Vaideha, but from
a Kshatriya a Suta only ; these are three other base-
born ones (apasada).
- The son of a Nishada by a .Sudra female
becomes a Pukkasa by caste (^ati), but the son of
a .5udra by a Nishada female is declared to be a
Kukku/aka. - Moreover, the son of a Kshattrz by an Ugra
female is called a .Svapaka ; but one begotten by
a Vaidehaka on an Ambash//£a female is named a
Vezza. - Those (sons) whom the twice-born beget on
wives of equal caste, but who, not fulfilling their
mothers’ caste and receive the sacraments according to the law
prescribed for the mothers’ caste (Medh., Gov., Kull., Nar., Nand.) ;
see also below, verse 41.
- The Abhira is the modern Ahir.
16-17. Kull. thinks that the Pratilomas are enumerated once
more, ‘ in order to show that they are unfit to fulfil the duties of
sons.’ Nand. places these two verses before verse 15.
- Nand. reads Pulkasa instead of Pukkasa.
- Gov., Nand., and K. read Vena instead of Ve/za. Ragh.
adds that the modern name is Baruda, the name of caste of
basket-makers. - Gov. and Nand. read at the end of the first line sutan for
406 LAWS OF MANU. X, 2f.
sacred duties, are excluded from the Savitrl, one
must designate by the appellation Vratyas.
- But from a Vratya (of the) Brahma^a (caste)
spring the wicked Bhriggakantaka, the Avantya, the
Va^adhana, the Pushpadha, and the .Saikha. - From a Vratya (of the) Kshatriya (caste), the
Oalla, the Malla, the Li/£/£/£ivi,the Na/a, the Kara/za,
the Khasa, and the Dravi^a.
tu yan (Medh., Kull., K.), ‘ not fulfilling their sacred duties/ i. e.
- not being initiated at the proper time ;’ see above, II. 39. Medh.
mentions a var. lect. avrata^, ‘ Those sons whom men neglecting
their sacred duties, &c.’ But he rejects it.
- I read with Medh., Gov., Nar., and K., BhrzgeakaTz/aka
instead of Bhur^akaw/aka (editions), or Bhutyaka/z/aka (Nand.); see
also Gaut. IV, 20, where the form Bhrz^yakazz/a occurs. Regarding
the Avantya (Apa^a, Nand.), see also Baudh. I, 2, 13. Instead of
Vazadhana Nand. has VaVaghana, and K. Vazadhana, marked as
corrupt. Medh. reads (one MS. Pushpa^aikhara^) Pushpa^ekhara
instead of pushpadha/z saikha eva k& (editions). Gov. has in the text
Pushya^z jaikhakastathd, in the commentary pushyavasalrakha ; K.
pushpa . . . kharas tatha; Nand. Pushpa^ibaka eva -£a. It would seem
that according to Medh. and Nand. only four tribes, sprung from a
Vratya Brahmazza, are enumerated. But the form of the last name
remains doubtful. The commentators think all the races named
are descended from a Vratya Brahma/za and a female of his own
caste. Gov. remarks that according to lianas’ Nitijastra the
Bhrz^akazz/as live by sorcery, the Avantyas and Va/adhanas serve
in war, and all other Vratyas are spies. It is very probable that all
these names originally denote nations, but the Avantyas, the
inhabitants of Western Malva, and the Va/adhanas, who are
enumerated among the northern tribes, are alone traceable in
other works. - I read with Medh. and Gov. lAkkhiwi instead of WikkhWi
(editions). K. has Li^avi (kfa being marked as corrupt), and
Nand. Li^ikhi. As ‘ a ‘ and ‘ i ‘ in thesi are constantly exchanged,
lAkkhWi may be considered as a vicarious form for Li/k£/zavi, and
it may be assumed that the Manusaz/zhita considered the famous
Kshatriya race of Magadha and Nepal as unorthodox. Gov. says
that, according to U-ranas, the Na/as and Karazzas are spies, and
X, 27. MIXED CASTES. 407
- From a Vratya (of the) Vaisya (caste) are
born a Sudhanvan, an A/£arya, a Karusha, a Vi^an-
man, a Maitra, and a Satvata. - By adultery (committed by persons) of (dif-
ferent) castes, by marriages with women who ought
not to be married, and by the neglect of the duties
and occupations (prescribed) to each, are produced
(sons who owe their origin) to a confusion of the
castes. - I will (now) fully enumerate those (sons) of
mixed origin, who are born of Anulomas and of
Pratilomas, and (thus) are mutually connected. - The Suta, the Vaidehaka, the Aa^ala, that
lowest of mortals, the Magadha, he of the Kshattrz
caste (^ati), and the Ayogava, - These six (Pratilomas) beget similar races
(var^a) on women of their own (caste), they (also)
produce (the like) with females of their mothers
caste (^ati), and with females (of) higher ones.
the Khasas and Dravu/as are water-carriers and distributors of
waters at drinking fountains.
- K. reads Parusha, and Nand. Karu^a, instead of Karusha
(Medh., Gov., KulL). Instead of Vi^anman Nand. has Ni^angha.
Gov. remarks that, according to U>anas, A/£aryas and Satvatas
subsist by worshipping the gods, or serving as temple-priests
(aHryasatvatai^ devapu^anam). - ‘Anulomas,’ see above, verse 8.
- Thus Nar. and Nand., with whom Kull. agrees, except that he
adds ‘ on higher and (on lower) castes.’ Medh. reads in the second
line matrz^atya^ prasuyante pravarasu ka, yonishu, and explains as
follows, ‘ Those who belong to the mother’s caste, i.e. the Anulo-
mas, called Anantara (verse 14), beget similar sons on females of
their own caste, and (more degraded children) on females of higher
castes.’ He mentions that others read matr^atau prasuyante, and
says that the meaning then is, ‘ The Anulomas beget sons of their
own race on females of their own and of their mothers’ castes.’
Gov. reads matrz^atau svayonyaw tu sadmaw ^anayanti vai, and
408 LAWS OF MANU. X, 28.
- As a (Brahma/za) begets on (females of) two
out of the three (twice-born castes a son similar to)
himself, (but inferior) on account of the lower degree
(of the mother), and (one equal to himself) on a
female of his own race, even so is the order in the
case of the excluded (races, vahya). - Those (six mentioned above) also beget, the
one on the females of the other, a great many
(kinds of) despicable (sons), even more sinful than
their (fathers), and excluded (from the Aryan com-
munity, vahya). - Just as a .Sftdra begets on a Brahma^a
female a being excluded (from the Aryan com-
munity), even so (a person himself) excluded pro-
likewise refers the line to the Anulomas. ‘But (the Anulomas)
beget similar sons on females of their mothers’ and of their own
castes/ Ragh. likewise differs.
- I read with all the commentators and K., krama^ instead
of kramat (editions). ‘Even so is the order in the case of the
excluded (races),’ means according to Gov. and Kull., that there is
a difference in rank between Pratilomas, similar to that existing
between Anulomas, and that Pratilomas sprung from Aryan fathers
are more respectable than those begotten by Sudra fathers, accord-
ing to Medh., whose opinion is controverted by Gov., Kull., and
Ragh., that Pratilomas, sprung from Aryan fathers and mothers,
are to be considered Aryans, and worthy of being initiated just as
Anulomas. According to Nar. and Nand., the translation should
be as follows : ‘ As among the three castes a (man) produces (a son
similar to) himself on two wives, (i. e.) on her who belongs to his
own caste and on her who belongs to the next lower one, even so
is the order with those excluded (from the four chief castes),’ i. e.
even so is it with Anulomas, e. g. with a Murdhavasikta, who begets
a Murdhavasikta on a Murdhavasikta female and on an Avantya
female (Nar.), and with Pratilomas, e. g. with a Kshattrz’who begets
a Kshattr* both on a female of his own caste and on a Jfandali
(Nand.). It must be added that Nand. reads anantaryam instead of
anantaryat.
X, 31- MIXED CASTES. 409
creates with (females of) the four castes (var/za, sons)
more (worthy of being) excluded (than he himself).
- But men excluded (by the Aryans, vahya),
who approach females of higher rank, beget races
(var/za) still more worthy to be excluded, low men
(hina) still lower races, even fifteen (in number). - In order to show that fifteen lower castes are produced, the
commentators propose various interpretations of the verse, among
which those of Kull., Nar., and Raglu alone deserve to be men-
tioned. Kull. thinks that the terms vahya and hina may either refer
to two sets of men or to one only. Under the former supposition,
the Vahyas must be understood to be the Pratiloma offspring of a
*Sudra, i. e. Ayogavas, Kshattr/s, and ^Taw^alas ; and the Hinas,
the Pratiloma offspring of Kshatriyas and Vaijyas, i. e. Sutas,
Magadhas, and Vaidehas. Each of these two sets produce fifteen
lower races by unions with women of the four chief castes and of
their own (verse 27), i.e. Ayogavas beget five, with Brahmaaa,
Kshatriya, VaLrya, -Sudra, and Ayogava women ; Kshattn’s like-
wise five, with Brahmawa, Kshatriya, VaLyya, -Sudra, and Kshattrz’
women, and so forth. But if the two terms vahya and hina are
referred to one set of males only, they must be understood to
denote the six Pratilomas, Kandalas, Kshattrzs, Ayogavas, Vaidehas,
Magadhas, and Sutas ; and it must be assumed that the verse refers
to unions between these six Pratiloma races alone. Then the
lowest among them, the Kandifa, may produce with females of the
five higher Pratiloma tribes five more degraded races ; the Kshattr/,
with the four above him, four ; the Ayogava, the three above him,
three ; the Vaideha, two ; and the Magadha, one. The total of
5 + 4+3 + 2 + 1 is thus 15. Ragh. agrees with this interpreta-
tion. Nar., on the other hand, refers the terms vahya and hina to
one set of males, the three Pratilomas sprung from the -Sudra, and
assumes that the verse refers to unions of these three with females
of the four principal castes and of their own. According to the
calculation given under Kull.’s first explanation, the total of more
degraded races which may be thus produced, is thirty. It seems
to me that Kull/s second explanation is the best, though I am not
prepared to deny that his first explanation, and even Nar.’s version,
may be defended. The commentators point out that varea is used
here in a figurative sense, because it has been declared above,
verse 4, that there are only four real var/zas.
4-IO LAWS OF MANU. X, 32.
- A Dasyu begets on an Ayogava (woman) a
Sairandhra, who is skilled in adorning and attending
(his master), who, (though) not a slave, lives like a
slave, (or) subsists by snaring (animals). - A Vaideha produces (with the same) a sweet-
voiced Maitreyaka, who, ringing a bell at the
appearance of dawn, continually praises (great)
men. - A Nishada begets (on the same) a Margava
(or) Da^a, who subsists by working as a boatman,
(and) whom the inhabitants of Aryavarta call a
Kaivarta. - Those three base-born ones are severally
begot on Ayogava women, who wear the clothes of
the dead, are wicked, and eat reprehensible food. - I read with Medh., Gov., Nar., Nand., and K., Sairandhra
instead of Sairandhri (editions). ‘ A Dasyu/ i.e. ‘ one of those tribes
described below, verse 45 ‘ (Medh., Gov., Kull.), or ‘ one of the
afore-mentioned fifteen Pratiloma races’ (Nar., Nand.). Prasa-
dhanopa/fcara^am, ‘ skilled in adorning and attending (his master)/
i. e. ‘ in dressing hair, anointing him with oil and so forth, and in
shampooing’ (Gov., Nar., Nand.), means according to Kull., who
takes prasadhanopa/C’ara, not as a copulative, but as a tatpurusha
compound, ‘ skilled in serving (his master) at his toilet’ Medh.’s
explanation is ambiguous. With respect to his second occupation,
1 snaring animals,’ Medh., Gov., and Kull. say that the Sairandhra
resorts to it in order to support himself in times of distress, or in
order to obtain meat for the worship of the gods and manes, or at
the order of the king. Nand. remarks, ‘ As the Dasyus are many,
there are also many Sairandhras, and that is indicated by the addi-
tion of a different mode of subsistence.’ - Gov. and K. read Magadha instead of Margava. Gov. thinks
that, as the section treats of Pratilomas, the Nishada mentioned here
is the Pratiloma Nishada enumerated by Vyasa. - I follow Medh., Gov., Nar., Nand., and K., who read mriti
vastrabhrz’tsvanaryasu, c who wear the clothes of the dead, ai
wicked,’ instead of mn’tavastrabhrz’tsu narishu, ‘ women who wes
the clothes of the dead’ (editions). Kull. also seems to have had the
X, 40. MIXED CASTES. 411
- From a Nishada springs (by a woman of the
Vaideha caste) a Karavara, who works in leather ;
and from a Vaidehaka (by women of the Karavara
and Nishada castes), an Andhra and a Meda, who
dwell outside the village. - From a Afa/zdala by a Vaideha woman is born
a Pa^usopaka, who deals in cane; from a Nishada
(by the same) an Ahi^ika. - But from a ATa^ala by a Pukkasa woman is
born the sinful Sopaka, who lives by the occupations
of his sire, and is ever despised by good men. y\ - A Nishada woman bears to a Aa^ala a son
(called) Antyavasayin, employed in burial-grounds, |
and despised even by those excluded (from the
Aryan community). - These races, (which originate) in a confusion
(of the castes and) have been described according
to their fathers and mothers, may be known by
their occupations, whether they conceal or openly
show themselves.
former reading, as he copies the explanation sukrurasu, ‘ very cruel,’
which Gov. gives. Medh. explains anaryasu by • not to be touched
by Aryans.’
- Thus according to Medh. and Kull. But Gov. and Ragh.
understand in the second line with ‘ from a Vaidehaka,’ the words
1 by women of the Vaideha caste.’ Nar., who in the preceding verse
takes the words ete traya^, ‘those three,’ in the sense of ‘the following
three other races/ assumes of course that the mothers ofKaravaras,
Medas, and Andhras are Ayogava females. The latter two ‘ castes ‘
are the well-known nations inhabiting Meva</ (Medapa/a) in south-
eastern Ra^putana, and the eastern Dekkan. - Ragh. and Nand. read Paulkasa instead of Pukkasa. Mula-
vyasanavrz’ttiman means according to Gov., Kull., and Ragh. ‘ who
lives by executing criminals,’ according to Nar. and Nand. ‘ who
lives by digging roots,’ i. e. ‘ in order to sell them as medicine/ or ‘ by
curing hemorrhoids ‘ (Nand.). Medh. gives both explanations. The
translation, given above, follows the Petersburg Diet., sub voce.
412 LAWS OF MANU. X, 41.
- Six sons, begotten (by Aryans) on women of
equal and the next lower castes ( Anantara), have the
duties of twice-born men ; but all those born in con-
sequence of a violation (of the law) are, as regards
their duties, equal to .Sudras. - By the power of austerities and of the seed
(from which they sprang), these (races) obtain here
among men more exalted or lower rank in successive
births. - But in consequence of the omission ofL_the
sacred rites^ and of their not consulting Brahma/zas,
the following tribes of Kshatriyas have gradually
sunk in this world to the condition of .Sudras ; - (Viz.) the Pau^rakaj^Jthe Kod’ds, the Dra-
vidas, the Kambq^as, the ^Yavanas, the .Sakas, the
Paradas, the Pahlavas. the iClnas, the Kiratas, and
the Daradas. - Medh. adds, ‘The mention of the Anantaras is intended to
include all Anulomas.’ - ‘These/ i.e. ‘those born of wives of equal castes and
Anantaras’ (Gov., Kull.). Medh. and Nar. include all Anulomas, and
Ragh. even Pratilomas, sprung from Aryan fathers. Yuge yuge,
‘in successive births’ (Medh., Nar., Nand.), means according to
Kull. ‘ in each of the ages of the world.’ Kull. refers to the stories
regarding Vkvamitra and JRtshya.srmga., while Medh. points to the
discussion, given below, verse 64 seq. - Medh. and Gov. read brahmarcatikrame^a, ‘by disrespect
towards Brahma^as,’ instead of brahmawadan-anena, ‘ by not con-
sulting Brahmawas’ (Kull., Nar., Nand., Ragh., K.). - Instead of Pau«^rakas (Kull.), Medh., Nar., Nand., and K.
read Pu#</rakas, and Gov. Pauw^rakas. My reading J£oda.s is a
correction of Komdia, which is found in some MSS. of Medh. and
in K. We have plainly ^Tola in Nand., while some MSS. of Medh.
and Gov. read Jfamdm or Kamdva, and the editions give JZaudra.
Sir W. Jones’ opinion that kaudra stands for kd. Odra is improbable,
because the particle ‘and’ is clearly not wanted after the first
word. Instead of Pahlava, some MSS. of Medh. and some editions
X, 48. MIXED CASTES. 413
- All those tribes in this world, which are ex-
cluded from (the community of) those born from the
mouth, the arms, the thighs, and the feet (of Brah-
man), are called Dasyus. whethex^thgy speak_the
langu^ge_^^he_ Mle^/^as (barbarians) or that of
the Aryans. - Those who have been mentioned as the base-
born (offspring, apasada) of Aryans, or as produced
in consequence of a violation (of the law, apadhvaw-
sa^*a), shall subsist by occupations reprehended by
the twice-born. - To Sutas (belongs) the management of
horses and of chariots ; to Ambash//£as, the art of
healing ; to Vaidehakas, the service of women ; to
Magadhas, trade ; - Killing fish to Nishadas; carpenters’ work to
the Ayogava ; to Medas, Andhras, Kun&us, and
Madgus, the slaughter of wild animals ;
read Pahnava. Gov. gives Pallava. The editions give the Khasas
after the Daradas. But Medh., Gov., Nand., and K. have tatha at
the end of the verse. The commentators state that the names
enumerated in the first instance denote countries, and next,
particular races living in them.
- ‘ Those born from the mouth, &c./ i. e. the four Vargas ; see
above, I, 87. - ‘Base-born offspring of Aryans;’ see above, verses 17
and 41. - ‘The service of women,’ i.e. ‘the office of guardians in the
harem/ - Instead of Kunku (editions, Ragh.), Medh., Gov., and Nar.
seem to have read ^u/^u. Nand. reads Mamu for Madgu. Nar.
says that these two words are synonyms of Ghalfa and Malla ; see
above, verse 22. But Gov. quotes a verse of Yama, according to
which the i£u>£uka is the son of a Vauya by a Kshatriya female,
and the Madgu the offspring of a -Sudra and a Kshatriya. Kull.’s
and Ragh.’s reference to Baudh. is, according to the MSS. of the
Baudh. Dharmasutra, erroneous.
414 LAWS OF MANU. X, 49.
- To Kshattrzs, Ugras, and Pukkasas, catching
and killing (animals) living in holes ; to Dhigva^as,
working in leather ; to Venas, playing drums. - Near well-known trees and burial-grounds, on
mountains and in groves, let these (tribes) dwell,
known (by certain marks), and subsisting by their
i| peculiar occupations.
^- 51. But the dwellings of A’a^alas and .5Vapa/£as
shall be outside the village, they must be made
Apapatras, and their wealth (shall be) dogs and
donkeys.
- Their dress (shall be) the garments of the
dead, (they shall eat) their food from broken dishes,
I black iron (shall be) their ornaments, and they must
L always wander from place to place.
- A man who fulfils a religious duty, shall not
seek intercourse with them ; their transactions (shall
be) among themselves, and their marriages with
their equals. - Their food shall be given to them by others
1 (than an Aryan giver) in a broken dish ; at night
1 they shall not walk about in villages and in towns.
-
- Nand. omits this verse.
- Nand. places verse 50 after verse 52.
- Medh. and Nar. read avapatra# instead of apapatnU (Kull.,
Ragh., K., and Gov. ?), and Medh. gives three explanations of the
term : 1. vessels used by them must be thrown away; 2. if food is
given to them, it must not be placed in vessels which they hold in
their hands, but in such as stand on the ground or are held by
others ; 3. they shall use bad, i. e. broken vessels, as is stated in
the next verse. The other commentators adopt the first explana-
tion, which is no doubt the correct one. - Gov. and Nand. say, \ A righteous man,’ instead of’Amj
who fulfils a religious duty/ - Gov. and Nar. take the beginning of the verse difFerentlj
X, 6i. MIXED CASTES. 415
-7
- By day they may go about for the purpose of
their work, distinguished by marks at the king’s
command, and they shall carry out the corpses (of
persons) who have no relatives; that is a settled
rule. <-~7 - By the king’s order they shall always execute
the criminals, in accordance with the law, and they /
shall take for themselves the clothes, the beds, and_J
the ornaments of (such) criminals. - A man of impure origin, who belongs not to
any caste, (var/za, but whose character is) not known,
who, (though) not an Aryan, has the appearance
of an Aryan, one may discover by his acts. _^n - BeJiaviojiir_unworthy of an Aryan, harshness,
cruel.ty^and habitual neglect of the prescribed duties
betray in this world a man of impure origin. _J - A base-born man either resembles in character
his father, or his mother, or both ; he can never
conceal his real nature. - Even if a man, born in a great family, sprang
from criminal intercourse, he will certainly possess
the faults of his (father), be they small or great. - But that kingdom in which such bastards, I
sullying (the purity of) the castes, are born, perishes j
quickly together with its inhabitants.
‘ Their food shall be given to them by others in a broken vessel,’
i. e. ‘ they shall not cook for themselves in their houses.’
- ‘Distinguished by marks,’ i. e. ‘ by a thunderbolt and the like,
or by axes, adzes, and so forth, used for executing criminals, and
carried on the shoulder ‘ (Medh.), or ‘ by sticks and so forth ‘ (Gov.),
or ‘ by iron ornaments and peacock’s feathers and the like ‘ (Nar.).
Ragh. thinks that they are to be branded on the forehead and on
other parts of the body. In olden times the depressed races of
Gujarat used to wear a horn as their distinguishing mark.
57-59- Vas. XVIII, 7 ; Vi. XVI, 17.
r
t
416 LAWS OF MANU. X, 62.
- Dying, without the expectation of a reward,
for the sake of Brahma/zas and of cows, or in the
defence of women and children, secures beatitude to
those excluded (from the Aryan community, vahya). - Abstention from injuring (creatures), veracity,
abstention from unlawfully appropriating (the goods
4k of others), purity, and control of the organs, Manu
has declared to be the summary of the law for the
four castes.
- If (a female of the caste), sprung from a
Brahma^a and a 6udra female, bear (children) to
one of the highest caste, the inferior (tribe) attains
the highest caste within the seventh generation. - Vi. XVI, 18.
- Gaut. VIII, 23; Yagfi. I, 122; and above, IV, 246, V, 107.
Nand. reads sarvavanze, ‘ for all castes/ instead of Mturvan/ye, ‘ for
the four castes.’
- Ap. II, 10-11; Gaut. IV, 22 ; Y&gn. I, 96. According to
Medh., Gov., Kull., and Ragh., the meaning is that, if the daughter
of a Brahmawa and of a -Sudra female and her descendants all marry
Brahmawas, the offspring of the sixth female descendant of the
original couple will be a Brahmawa. While this explanation agrees
with Haradatta’s comment on the parallel passage of Gautama,
Nar. and Nand. take the verse very differently. They say that if a
Parajava, the son of a Brahmawa and of a -Sudra female, marries
a most excellent Para^ava female, who possesses a good moral
character and other virtues, and if his descendants do the same,
the child born in the sixth generation will be a Brahmaraa. Nand.
quotes in support of his view Baudhayana I, 16, 13-14 (left out in
my translation of the Sacred Books of the East, II, p. 197), nishadem
nishadyam a paw/fcama^ater apahanti f^ato ‘pahanti] judratam 1 tam
upanayet shash//5aw y&g-ayet, ‘ (Offspring), begotten by a Nishada
on a Nishadi, removes within five generations the -Sudra-hood ;
one may initiate him (the fifth descendant), one may sacrifice for
the sixth/ This passage of Baudhayana, the reading of whicl
is supported by a new MS. from Madras, clearly shows that
Baudhayana allowed the male offspring of Brahma«as and -Sudn
females to be raised to the level of Aryans. It is also not impossible
X, 67. MIXED CASTES. 417
- (Thus) a 6udra attains the rank of a Brah-
ma//a, and (in a similar manner) a Brahma^a sinks tol
the level of a .Sudra ; but know that it is the samel
with the offspring of a Kshatriya or of a VaLsya. - If (a doubt) should arise, with whom the pre-
eminence (is, whether) with him whom an Aryan by
chance begot on a non-Aryan female, or (with the
son) of a Brahma;za woman by a non-Aryan,
6 j. The decision is as follows : ‘He who was
begotten by an Aryan on a non-Aryan female, may
become (like to) an Aryan by his virtues ; he whom
an Aryan (mother) bore to a non-Aryan father (is
and remains) unlike to an Aryan/
that the meaning of Manu’s verse may be the same, and that the
translation should be, ‘ If the offspring of a Brahmazza and of a
.Sudra female begets children with a most excellent (male of the
Brahmazza caste or female of the Para^ava tribe), the inferior (tribe)
attains the highest caste in the seventh generation.’ The chief
objection to this version, which consists in the fact that sregasa.,
‘with a most excellent,’ stands in the masculine, may be met by
Manu’s peculiar use of the masculine instead of the feminine above
in verse 32, where ayogave is used for ayogavyam.
- The manner in which a Brahmazza sinks to the level of a
.Sudra is, according to Medh., Gov., and Kull., the following. If
the son of a Brahmazza and of a Sudra female and his descendants
marry Sudra wives, the seventh descendant will be a pure Sudra.
Medh., Gov., and Kull. hold that the offspring of a Brahma/za and
of a Kshatriya female obtains the higher or lower rank in the third
generation, and the offspring of a Brahmazza and of a Vaijya female
in the fifth. Medh. and Gov. expressly state that ‘ they/ i. e. the older
commentators, give this explanation. - ‘Anon- Aryan female/ i. e. ‘ a Sudra female ‘ (Medh., Gov.,
Kull., Ragh., Nand.), or ‘the daughter of a Vratya and the like ‘
(Nar.). ‘ By chance/ i. e. even on an unmarried one (Medh., Gov.,
Kull, Ragh., Nand.), or ‘ unknowingly ‘ (Nar.). ‘An Aryan female/
i. e. ‘a Brahmazzi ‘ (Medh., Gov., Kull., Ragh., Nar., Nand.). - ‘May become (like to) an Aryan by his virtues/ i. e. ‘may
become most excellent or praiseworthy by offering the Pakaya^ilas
[25] e e
41 8 LAWS OF MANU. X,68.
- The law prescribes that neither of the two
shall receive the sacraments, the first (being ex-
cluded) on account of the lowness of his origin, the
second (because the union of his parents was)
against the order of the castes. - As good seed, springing up in good soil,
turns out perfectly well, even so the son of an
Aryan by an Aryan woman is worthy of all the
sacraments. - Some sages declare the seed to be more
important, and others the field ; again others (assert
that) the seed and the field (are equally important);
but the legal decision on this point is as follows : - Seed, sown on barren ground, perishes in it;
a (fertile) field also, in which no (good) seed (is
sown), will remain barren. - As through the power of the seed (sons)
born of animals became sages who are honoured
and praised, hence the seed is declared to be more
important. - Having considered (the case of) a non- Aryan
who acts like an Aryan, and (that of) an Aryan who
acts like a non-Aryan, the creator declared, ‘ Those
two are neither equal nor unequal.’
and the like, which according to other Smmis are permitted to
him ‘ (Medh., Gov., Kull., Nar.). ‘ Unlike to an Aryan,’ i. e. ‘ un-
worthy of praise or respect ‘ (Gov., Kull.).
69-72. See also the discussion which occurs above, IX, 33-41.
- Gov., Kull., and Nand. say ‘a field in which no seed (is
sown) remains barren.’ The translation follows Medh. The
commentators refer to the stories of Mandapala and Jtishyasrihga,
see above, IX, 23. - ‘Not equal,’ i.e. because they differ in caste; ‘not unequal,’
i. e. because both do what is forbidden to them. Hence nobody
should do acts which are not permitted to him (Gov., Kull., Ragh.).
X, 79- OCCUPATIONS OF THE CASTES. 419
- Brahma^as who are intent on the means (of
gaining union with) Brahman and firm in (discharg-
ing) their duties, shall live by duly performing the
following six acts, (which are enumerated) in their
(proper) order. - Teaching, studying, sacrificing for himself, \
sacrificing for others, making gifts and receiving \
them are the six acts (prescribed) for a Brahma^a. - But among the six acts (ordained) for him
three are his means of subsistence, (viz.) sacrificing
for others, teaching, and accepting gifts from pure
men. - (Passing) from the Brahma^a to the Ksha-
triya, three acts (incumbent on the former) are
forbidden, (viz.) teaching, sacrificing for others, and,
thirdly, the acceptance of gifts. - The same are likewise forbidden to a Varsya,
that is a settled rule ; for Manu, the lord of creatures
(Pra^apati), has not prescribed them for (men of)
those two (castes). - To carry arms for striking and for throwing \
(is prescribed) for Kshatriyas as a means of sub- 1
sistence ; to trade, (to rear) cattle, and agriculture \
74-80. Ap. II, 10, 4-7; Gaut. X, 1-7, 49; Vas. II, 13-19;
Baudh. 1, 18, 1-4 ; Vi. II, 1-7 ; Y&gn, 1, 11 8-1 19 ; see also above,
I, 88-90.
- Brahmayonistha^, ‘ who are intent on the means of gaining
union with Brahman’ (Medh., Gov., Kull.), means according to
Nar. and Ragh. ‘ who are of pure Brahmamcal race,’ according to
Nand. ‘ who abide by that which springs from the Veda, i. e. the
sacred law,’ or ‘ who are the dwelling-place of the Veda.’ - Nar. reads brahmawa^ kshatriyaw prati, ‘To a Kshatriya
three acts incumbent on a Brahmawa’ are forbidden,’ instead of
brahmawat kshatriyas prati. Nand., whose text is corrupt, seems
to have had the same reading as Nar.
e e 2
420 LAWS OF MANU. X, 80.
/ for Vaisyas ; but their duties are liberality, the study
/ of the Veda, and the performance of sacrifices.
- Among the several occupations the most
/ commendable are, teaching the Veda for a Brah-
\ ma^a, protecting (the people) for a Kshatriya, and
1 trade for a VaLsya. - But a Brahma^a, unable to subsist by his
peculiar occupations just mentioned, may live ac-
cording to the law applicable to Kshatriyas ; for
the latter is next to him in rank. - If it be asked, ‘ How shall it be, if he cannot
maintain himself by either (of these occupations?’
the answer is), he may adopt a Vai^ya’s mode of life,
employing himself in agriculture and rearing cattle. - But a Brahma/za, or a Kshatriya, living by
a Vai-sya’s mode of subsistence, shall carefully avoid
(the pursuit of) agriculture, (which causes) injury to
many beings and depends on others.
T^84. (Some) “declare that agriculture is something
I excellent, (but) that means of subsistence is blamed
- Vartta, ‘ trade ‘ (Nand.), means according to Kull. ‘ trade and
rearing cattle/ and according to Gov. ‘ trade, rearing cattle, and
agriculture.’ But the context makes it probable that one occu-
pation only is intended.
81-98. Ap. I, 20,10-21, 4; Gaut. VII, 1-26; Vas. II, 22-39;
Baudh. II, 4, 16-21 ; Vi. II, 15 ; LIV, 18-21 ; Y&gn. Ill, 35-40.
- Nar. thinks that kr/shi, ‘ agriculture/ means here asvayaw-
krna, ‘at which the Brahmawa does not work personally/ while
Gov. and Kull. hold the contrary opinion. For according to them
the asvayazrckr/ta kn’shi^ has been permitted even for ordinary
times, above, IV, 4-5. - ‘ Depends on others/ i. e. * on bullocks and so forth ‘ (Gov.,
Kull.). It has been taught above, IV, 159-160, that a Snataka is
to avoid all that depends upon others. - Medh. points out that this verse is directed against the
teaching of Vas. II, 32-36. .
X, 9© OCCUPATIONS OF THE CASTES. 421
by the virtuous ; (for) the wooden (implement) with
iron point injures the earth and (the beings) living
in the earth.
- But he who, through a want of means of sub-
sistence, gives up the strictness with respect to his
duties, may sell, in order to increase his wealth, the
commodities sold by Vaisyas, making (however) the
(following) exceptions. - He must avoid (selling) condiments of all
sorts, cooked food and sesamum, stones, salt, cattle,
and human (beings),
8j. All dyed cloth, as well as cloth made of hemp,
or flax, or wool, even though they be not dyed, fruit,
roots, and (medical) herbs ;
- Water, weapons, poison, meat, Soma, and per-
fumes of all kinds, fresh milk, honey, sour milk,
clarified butter, oil, wax, sugar, Kiua-grass ; - All beasts of the forest, animals with fangs
or tusks, birds, spirituous liquor, indigo, lac, and
all one-hoofed beasts. - But he who subsists by agriculture, may at
pleasure sell unmixed sesamum grains for sacred - Medh. says, ‘and cooked food, mixed with sesamum grains/
The same commentator thinks that, as salt which is also a condi-
ment is specially forbidden, other condiments may be sold optionally.
But Gov. and Kull. point out that it is specially named, because
the penance is heavier. Nar. explains rasan, ‘condiments,’ by
‘ exudations of leaves, wood, and so forth.’ - Nar. reads ksharam, c alcaline substances,’ instead of kshiram,
‘ fresh milk,’ but mentions the latter reading, and Nand. ksharam
for kshaudram. - Nar. reads ma^a, l marrow/ instead of madyam, ‘ spirituous
liquor.’ Medh. says that some read ekajaphan bahun, ‘ many one-
hoofed beasts/ and permit the sale of a single one. Nand. reads
pa^un, ‘ animals.’ - -Suddhan, ‘unmixed’ (Medh., Gov., Kull., Ragh.), means
y
42 2 LAWS OF MANU. X, 91.
purposes, provided he himself has grown them and
has not kept them long.
- 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. - By (selling) flesh, salt, and lac a Brahma^a
at once becomes an outcast; by selling milk he
becomes (equal to) a .Sudra in three days. - But by willingly selling in this world other
(forbidden) commodities, a Brahma/za assumes after
seven nights the character of a Vakya. - Condiments may be bartered for condiments,
but by no means salt for (other) condiments ;
cooked food (may be exchanged) for (other kinds
of) cooked food, and sesamum seeds for grain in
equal quantities. - A Kshatriya who has fallen into distress, may
subsist by all these (means) ; but he must never
arrogantly adopt the mode of life (prescribed for
his) betters.
according to Nand. ‘ white/ according to Nar. ‘ of good quality/
‘ Provided he has not kept them long,’ i. e. ‘ if he has not kept them
long after the harvest, in order to increase his profit ‘ (Medh., Gov.,
Kull., Nar.).
- K. reads krzmir bhutva sa vishMayam, ‘he will be plunged
into ordure ;’ and Medh. seems likewise to have read sa, ‘ he/ for
svsl, ‘dog.’ - Kamata^, ‘ willingly/ means according to Medh.. and Nand.
‘ not in times of distress, but in ordinary times.’
94.. I read with Medh. and Nand., krz’tannaw ka. kr/tannena
instead of /£akr*’tannena (Gov., Kull, Nar.), ‘ for undressed grain/
because all the other Smn’tis have the former rule. K. reads va
krz’tannena, and thus shows how the misreading kk° arose. Nand.
reads na tveva lava^aw tilai^, ‘ but not salt for sesamum grains,
and Medh. mentions the reading as a var. lect.
X, ioi. OCCUPATIONS OF THE CASTES. 423
- A man of low caste who through covetous-
ness lives by the occupations of a higher one, the
king shall deprive of his property and banish. - It is better (to discharge) one’s own (ap- \XjM “^
pointed) duty incompletely than to perform com-^y HLtrX’
pletely that of another ; for he who lives according
to the law of another (caste) is instantly excluded
from his own.
- A VaLsya who is unable to subsist by his
own duties, may even maintain himself by a .Sudra’s
mode of life, avoiding (however) acts forbidden
(to him), and he should give it up, when he is able
(to do so). - But a .Sudra, being unable to find service
with the twice-born and threatened with the loss
of his sons and wife (through hunger), may main-
tain himself by handicrafts. - (Let him follow) those mechanical occupa-
tions and those various practical arts by following
which the twice-born are (best) served. - A Brahma/za who is distressed through a
want of means of subsistence and pines (with hunger),
(but) unwilling to adopt a Vaisya’s mode of life and
resolved to follow his own (prescribed) path, may act
in the following manner. - Nar. gives as an. instance of an ill or incomplete performance
of a Brahma/za’s duty, which is better than completely discharging
the duties of another caste, the acceptance of alms from an impure
person. Nand. omits this verse, which, indeed, is here out of place
and ought to stand in the discussion beginning verse 101. - ‘Acts forbidden to him,’ i. e. ‘ eating the leavings of the others
and so forth ‘ (Gov., Kull., Nar.), or ‘ eating forbidden food and
the like ‘ (Nand.).
99-100. Vi. Ill, 14; Gaut. X, 60.
101-114. Gaut. VII, 4-5, 23; Ap. 1, 18, 5-8, 14-15-
424 LAWS OF MANU.
L
1 02. A Brahma^a who has fallen into distress
may accept (gifts) from anybody; for according to
the law it is not possible (to assert) that anything
jL pure can be sullied.
- By teaching, by sacrificing for, and by ac-
cepting gifts from despicable (men) Brahma/zas (in
distress) commit not sin ; for they (are as pure) as
fire and water. - He who, when in danger of losing his life,
accepts food from any person whatsoever, is no more
tainted by sin than the sky by mud. - A^igarta, who suffered hunger, approached
in order to slay (his own) son, and was not tainted
by sin, since he (only) sought a remedy against
famishing. - Vamadeva, who well knew right and wrong,
did not sully himself when, tormented (by hunger),
he desired to eat the flesh of a dog in order to save
his life. - Bharadva^a, a performer of great austeri-
ties, accepted many cows from the carpenter Brz’bu,
when he was starving together with his sons in a
lonely forest. - ‘Anything pure,’ i. e. ‘ the Ganges and the like’ (Medh.,
Gov., Kull.), or ‘ fire and the like ‘ (Nar., Ragh.). - Vas. XXVII, 9.
- Regarding the story of A^igarta, see Aitareya-brahmawa
VII, 13-16. - I read with Gov. and Saya^a on Rig-veda VI, 45, 31,
Rribu instead of Vridhu (Kull., Ragh., K.), and Bnhat (Nar., Nand.).
The corrected copies of Medh. have Vrzdhu, but the oldest reads
vrz’ddha in the text, and in the commentary drzb>u, i. e. brzbu. It
is not doubtful that Bribu is the correct reading. For in the hymn
quoted that personage is described as the carpenter of the Pams,
and his liberality is highly praised. Moreover the »Sarikhayana
X, 113. OCCUPATIONS OF THE CASTES. 425
- Visvamitra, who well knew what is right
or wrong, approached, when he was tormented by
hunger, (to eat) the haunch of a dog, receiving it
from the hands of a TTa^^ala. - On (comparing) the acceptance (of gifts from
low men), sacrificing (for them), and teaching (them),
the acceptance of gifts is the meanest (of those acts)
and (most) reprehensible for a Brahma^a (on account
of its results) in the next life.
no. (For) assisting in sacrifices and teaching
are (two acts) always performed for men who have
received the sacraments ; but the acceptance of gifts
takes place even in (case the giver is) a .5udra of
the lowest class.
in. The guilt incurred by offering sacrifices for
teaching (unworthy men) is removed by muttering
(sacred texts) and by burnt offerings, but that in-
curred by accepting gifts (from them) by throwing
(the gifts) away and by austerities.
- A Brahma;za who is unable to maintain
himself, should (rather) glean ears or grains from
(the field of) any (man); gleaning ears is better than
accepting gifts, picking up single grains is declared
to be still more laudable. - If Brahma?/as, who are Snatakas, are pining
with hunger, or in want of (utensils made of) com-
mon metals, or of other property, they may ask the
.SYauta-sutra (see the Petersburg Dictionary, sub voce Brzbu)
alludes to the legend mentioned by Manu.
- Regarding the legend of Vijvamitra, see Mahabh. XII, 141,
28 seqq.
no. Nar. says/a£udra(or)one of the lowest class, i.e. a A’a^ala.’
in. ip. I, 28, 11; Vas. XX, 45 ; Vi. LIV, 28. ‘By austerities,’
i. e. ‘by penances/ see below, XI, 194.
- Kupyam, ‘ (utensils made of) common metals,’ includes
426 LAWS OF MANU. X, 114.
king for them ; if he is not disposed to be liberal, he
must be left.
- (The acceptance of) an untilled field is less
blamable than (that of ) a tilled one ; (with respect
to) cows, goats, sheep, gold, grain, and cooked food,
(the acceptance of) each earlier-named (article is less
blamable than of the following ones). - There are seven lawful modes of acquiring
property, (viz.) inheritance, finding or friendly dona-
tion, purchase, conquest, lending at interest, the
performance of work, and the acceptance of gifts
from virtuous men.
according to Medh. ■ pots, kettles, wooden stools, and the like ;
according to Gov. ‘ all property of small value such as beds, seats ;’
according to Kull., Ragh., and Nand. ‘also grain and clothes/
But Nar. takes it in its usual sense, ‘ common metals such as brass
and copper/ I translate the last clause according to the first expla-
nation of Medh., Gov., Nar., and Ragh., who think that all Brah-
ma«as should leave the realm of a king who does not support
famishing Snatakas. Nand», however, says that such a king is to
be excluded from instruction and admission to sacrifices. Medh/s
second interpretation, according to which tyaga^ means dharma-
hani^, ■ a loss of spiritual merit/ agrees with Nand/s view. Kull.
finally takes the phrase very differently, ‘ but he who does not wish
to give anything, being known for his avarice, must be left to him-
self, i.e. must not be asked/ Kull. and Gov. hold that ‘the
prince ‘ meant here is a Kshatriya king who does not follow the
-Sastras, or a -Sudra king (see note on IV, 33), and that the verse
thus rescinds the prohibition given above, IV, 84 seq.
- Vas. XII, 3.
- Gaut.X, 39-42. Labha,’ finding or friendly donation ‘(Medh.,
Gov., Kull.), refers according to Nar. and Nand. to the acquisition of
treasure-trove alone, not to the acceptance of presents from friends,
from a father-in-law, &c. Gaya, ‘ conquest/ means according to
Nand. ‘ gaining lawsuits.’ The same commentator takes prayoga,
‘ lending money at interest/ in the sense of ‘ teaching/ and karma-
yoga, ‘ performance of labour,’ in the sense of ‘ sacrificing for others/
All the commentators, except Nand., point out that the first three
modes of acquisition are lawful for all castes, the fourth for Ksha-
X, 120. TIMES OF DISTRESS; THE KING. 427
ti6. Learning, mechanical arts, work for wages,
service, rearing cattle, traffic, agriculture, content-
ment (with little), alms, and receiving interest on
money, are the ten modes of subsistence (permitted
to all men in times of distress). — ,
- Neither a Brahma^a, nor a Kshatriya must
lend (money at) interest ; but at his pleasure (either 1
of them) may, in times of distress (when he requires
money) for sacred purposes, lend to a very sinful
man at a small interest. – — I
1 1 8. A Kshatriya (king) who, in times of distress,
takes even the fourth part (of the crops), is free
from guilt, if he protects his subjects to the best of
his ability.
- His peculiar duty is conquest, and he must
not turn back in danger ; having protected the
Vaiiyas by his weapons, he may cause the legal
tax to be collected ;
1 20. (Viz.) from Vaiiyas one-eighth as the tax on
triyas, the fifth and sixth for Vaijyas (or the fifth for Vaiiyas, the
sixth for -Sudras, Nar.), and the seventh for Brahmawas.
- ‘ Learning,’ i. e. (teaching) other than Vedic sciences, e.g.
logic, exorcising evil spirits, or charms against poison (Medh.. Kull,
Nar., Ragh.). Gov. thinks that ‘ teaching for a stipulated fee ‘ is
also permissible under this rule. - Vas. II, 40-43. Gov., Nar., and K. read alpakam instead
of alpikam, and with this var. lect. the last clause might be trans-
lated with Nar. by ‘ . . . (either of them) . . . may lend a small (sum)
to a. very sinful man.’ - I read with Gov. and K. na bhaye instead of nahave
(editions). Medh.’s text has the latter reading, but the com-
mentary bhaye upasthite parahmukho yuddhe na syat, ‘ when
danger threatens he shall not turn back in battle,’ indicates that
his reading was bhaye. The same inference may be drawn from
Kull.’s commentary. ^Nand. gives na bhave, probably a mistake
for na bhaye. - According to Medh., the first line refers to the profits of
428 LAWS OF MANU. X, 121.
grain, one-twentieth (on the profits on gold and
cattle), which amount at least to one Karshapa^a ;
.Sudras, artisans, and mechanics (shall) benefit (the
king) by (doing) work (for him).
- If a 6udra, (unable to subsist by serving
Brahma/zas,) seeks a livelihood, he may serve Ksha-
triyas, or he may also seek to maintain himself by
attending on a wealthy VaLsya. - But let a (.5udra) serve Brahma/zas, either
subjects dealing in corn or in gold. From the former the king
may take in times of distress one-eighth, and from the latter one-
twentieth. The second line indicates that artisans who, according
to VII, 138, in ordinary times furnish one piece of work in each
month, may be made to work more for the king. According to
Gov. and Kull., husbandmen (krzshi^-ivinam, Gov,) shall give from
the increments on grain (upa^aya) one-eighth (instead of one-
twelfth, and in the direst distress one-fourth, according to verse 118,
Kull.), from all increments on gold and so forth amounting to more
than a Karshapawa one-twentieth instead of one-fiftieth, as prescribed
above, VII, 130. Ragh. in substance agrees with this explanation.
Nar. and Nand. read, as it would seem, vimatkarshapa/zavaraw
(zzaparazzz, Nand.), and take the verse differently. Nar. says that
the tax on grain is to be one-fourth in the case of -Sudras, and one-
eighth in the case of Vaiyyas, that the tax on everything else is to
be at least one Karshapazza in twenty, and that artisans who work
for wages shall pay the same rate (viw^atkarshapanam iti 1 dhanyad
anyeshu vimsad vizzz^atikarshapazzamulya/zz tadmalabhe karsha-
pazza eko ra^wa grahya ity avara^ paksha^ l sambhave tv adhikam
api grahyam ity artha/^ 1 dharmopakarawa^ [karmo°] dharmibhir
[karmabhir] virvam upakurvantas tantuvayadaya^ I sudr&h karavo
varzzavahya na/a&trakaradya^ I .rilpinaj ka. rathakaradyas te ‘pi
karma krz’tva bhrz’titve ‘pi vizzzsatikarshapazzalabhe karshapazzavarazzz
julka/zz dadyur iti .resha^). According to Nar. the translation would
be: ‘(Viz.) one-eighth as the tax (payable) by Vauyas on grain,
(and on everything else) at least one Karshapa/za out of twenty;
-Sudra artisans and mechanics who benefit (men) by their work
(shall pay the same rate).’ Nar. adds that some read tri/zwatkarsha-
pazzavaram, ‘ at least one Karshapazza out of thirty.’
1 21-129. Gaut. X, 50-65; Yagii, I, 1 20-1 21.
4
X, 128. TIMES OF DISTRESS J SUDRAS. 429
for the sake of heaven, or with a view to both (this
life and the next) ; for he who is called the servant
of a Brahma;za thereby gains all his ends. , ^j
- The service of Brahma^as alone is declared
(to be) an excellent occupation for a .Sudra ; for 7k
whatever else besides this he may perform will bear
him no fruit. - They must allot to him out of their own
family (-property) a suitable maintenance, after con-
sidering his ability, his industry, and the number of
those whom he is bound to support. - The remnants of their food must be given
to him, as well as their old clothes, the refuse of
their grain, and their old household furniture. - A .Sudra cannot commit an offence, causing
loss of caste (pataka), and he is not worthy to re-
ceive the sacraments ; he has no right to (fulfil)
the sacred law (of the Aryans, yet) there is no pro-
hibition against (his fulfilling certain portions of)
the law. - (6udras) who are desirous to gain merit, and
know (their) duty, commit no sin, but gain praise, if
they imitate the practice of virtuous men without
reciting sacred texts. - The more a (6udra), keeping himself free
from envy, imitates the behaviour of the virtuous,
the more he gains, without being censured, (exalta-
tion in) this world and the next. - ‘Cannot commit an offence causing loss of caste,’ i.e. ‘by
eating garlic and the like forbidden fruit’ (Gov., KulL), or ‘ by (keep-
ing) a slaughter-house’ (Ragh.). - In what particulars the practice of the Aryans may be imi-
tated by Sudras, may be learnt from the parallel passages quoted
above.
430 LAWS OF MANU. X, 129.
- No collection of wealth must be made
by a .Suclra, even though he be able (to do it) ;
^ for a .Sudra who has acquired wealth, gives pain
|^to Brahma/zas.
- The duties of the four castes (var/za) in
times of distress have thus been declared, and if
they perform them well, they will reach the most
blessed state. - Thus all the legal rules for the four castes
have been proclaimed ; I next will promulgate the
auspicious rules for penances.
Chapter XL
- Him who wishes (to marry for the sake of
having) offspring, him who wishes to perform a sa-
crifice, a traveller, him who has given away all his
property, him who begs for the sake of his teacher,
his father, or his mother, a student of the Veda, and
a sick man, - These nine Brahma/zas one should consider as
- ‘Gives pain to Biahma/*as,’ i.e. ‘by becoming proud and
not serving them’ (Gov., Kull., Ragh.).
XI. 1. Ap. II, 10, 1-2; Gaut. V, 21; Baudh. II, 5, 19. ‘He
who has given away all his property/ i. e. ‘ on performing a Vis-va^it
sacrifice’ (Medh., Gov., Kull., Ragh.), or ‘other Kratus’ (Nar.).
‘ For the sake of his teacher, his father, or his mother,’ i. e. ‘ in
order to maintain them’ (Gov., Kull., Ragh.), or ‘in order to pro-
cure the fee for the teacher’ (Ragh., Nar.). The commentators try
to excuse the introduction of the miscellaneous rules, contained in
verses 1-43, before the discussion of the penances, which according
to X, 131 ought to follow at once, either by assuming that the
object is to show the necessity of performing penances in case these
rules are violated, or by pointing out that, as gifts are the means
for removing sin, the enumeration of the Patras or worthy recipients
is required.
XI, 6. PENANCES ; GIFTS AND SACRIFICES. 43 I
Snatakas, begging in order to fulfil the sacred law ;
to such poor men gifts must be given in proportion
to their learning.
- To these most excellent among the twice-born,
food and presents (of money) must be given ; it is
declared that food must be given to others outside
the sacrificial enclosure. ^ - But a king shall bestow, as is proper, jewels of
all sorts, and presents for the sake of sacrifices on
Brahma^as learned in the Vedas. - If a man who has a wife weds a second wife^
having begged money (to defray the marriage ex-
penses, he obtains) no advantage but sensual enjoy-‘
ment; but the issue (of his second marriage belongs)
to the giver of the money. - One should give, according to one’s ability,
wealth to Brahma/zas learned in the Veda and living
alone.; (thus) one obtains after death heavenly bliss^ - Gaut. V, 22; Baudh. II, 5, 20. The translation follows
Medh., Gov., and Nar. The interpretation adopted by Kull. is, ‘ To
these most excellent Brahmawas food together with presents must
be given (inside the sacrificial enclosure).’ Nand. reads etebhyo
‘pi instead of etebhyo hi, and thinks that bahirvede is to be con-
strued with api, ‘ To these most excellent among the twice-born
food …. must be given even outside the sacrificial enclosure.’
The correct explanation of the force of the word bahirvedi, ‘ out-
side the sacrificial enclosure,’ is given by Nar., who adds, vedyaw
tu ya^itaw sarvam eva deyam, ‘ but near the fire-altar everything
asked for must be given -to them/ The meaning of the verse,
therefore, is that the nine mendicants, mentioned in verses 1-2,
shall always receive what they ask for, and other mendicants ordi-
nary food only, but that if they beg at the performance of a sacri-
fice, other property also must be given to them. - Ap. II, 1 o, 3. The object of the verse is to forbid that alms shall
be asked or given for such a purpose (Gov., Kull.). Medh., Gov.,
Nar., Ragh., and K. omit this verse. It looks very much like an
interpolation, intended to explain the preceding rule.
432 LAWS OF MANU. XI, 7.
fN 7. He who may possess (a supply of) food suffi-
cient to maintain those dependant on him during
three years or more than that, is worthy to drink
) the Soma-juice.
- But a twice-born man, who, though possessing
less than that amount of property, nevertheless
drinks the Soma-juice, does not derive any benefit
from that (act), though he may have formerly drunk
the Soma-juice. - (If) an opulent man (is) liberal towards
strangers, while his family lives in distress, that
counterfeit virtue will first make him taste the
sweets (of fame, but afterwards) make him swallow
the poison (of punishment in hell). - If (a man) does anything for the sake of his
happiness in another world, to the detriment of those
whom he is bound to maintain, that produces evil re-
sults for him, both while he lives. and when he is dead. - If a sacrifice, (offered) by (any twice-born)
sacrificer, (and) especially by a Brahma^a, must
remain incomplete through (the want of) one requi-
site, while a righteous king rules, - Vas. VIII, 10 ; Vi. LIX, 8 ; YSgii. I, 124. ‘ Drink the Soma-
juice/ i.e. ‘perform a Soma- sacrifice, in order to obtain the fulfil-
ment of some wish ‘ (Medh., Gov., Kull., Ragh.). - ‘ Though he formerly may have drunk the Soma,’ i.e. ‘at the
nitya (i.e. the annual, see above, IV, 2 6, VI, 10) Soma-sacrifice'(Gov.,
Kull., Ragh.). The same commentators and Medh. point out that
this and the preceding verses do not forbid the performance of the
nitya Soma-sacrifices, but only of those called kamya. He who
performs the latter without possessing the requisite property, loses
also the rewards for the former.
11-15. Gaut. XVIII, 24-27.
- ‘While a righteous king rules,’ i. e. ‘because such a king
will not punish a man who acts in accordance with the -Sastras’
(Medh., Gov., Kull., Nar.).
XI, 16. PENANCES J GIFTS AND SACRIFICES. 433
- That article (required) for the completion of
the sacrifice, may be taken (forcibly) from the
house of any VaLsya, who possesses a large number
of cattle, (but) neither performs the (minor) sacri-
fices nor drinks the Soma-juice ;
1 3. (Or) the (sacrificer) may take at his pleasure
two or three (articles required for a sacrifice) from
the house of a .Sudra ; for a .Sudra has no business
with sacrifices.
- If (a man) possessing one hundred cows,
kindles not the sacred fire, or one possessing a
thousand cows, drinks not the Soma-juice, a (sacri-
ficer) may unhesitatingly take (what he requires)
from the houses of those two, even (though they be
Brahma^as or Kshatriyas) ; - (Or) he may take (it by force or fraud) from
one who always takes and never gives, and who
refuses to give it ; thus the fame (of the taker) will
spread and his merit increase. - Likewise he who has not eaten at (the time
of) six meals, may take at (the time of) the seventh
meal (food) from a man who neglects his sacred - Nar. and Nand. think that ‘the king’ is the agent to be
understood with the verb ‘ may be taken.’ The latter relies on the
parallel passage of the Mahabharata, where the last Pada of the
verse is ya^wartham parthivo haret. ‘The (minor) sacrifices/ i.e. ‘ the
Pakaya^-fias and so forth’ (Kull.), or ‘ the five great sacrifices’ (Nar.). - Gov. thinks that this verse refers to a Kshatriya alone, while
Medh., Kull., Ragh. refer it to Brahma/zas also. - Gov., Kull., and Ragh. explain adananitya, ‘one who always
takes/ by ‘ a Brahmaraa who always accepts presents/ while Medh.
and Nar. refer the word to men of all castes who constantly amass
wealth.
16-23. Gaut. XVIII, 28-32 ; Ya#». Ill, 43-44.
- ‘At the seventh meal-time/ i.e. ‘on the fourth day of his
starving.’
M F f
434 LAWS OF MANU. XI, 17.
duties, without (however) making a provision for the
morrow,
- Either from the threshing-floor, or from a
field, or out of the house, or wherever he finds it ;
but if (the owner) asks him, he must confess to him
that (deed and its cause). - (On such occasions) a Kshatriya must never
take the property of a (virtuous) Brahma^a ; but he
who is starving may appropriate the possessions of
a Dasyu, or of one who neglects his sacred duties. - He who takes property from the wicked and
bestows it on the virtuous, transforms himself into a
boat, and carries both (over the sea of misfortune). - The property of those who zealously offer
sacrifices, the wise call the property of the gods ;
but the wealth of those who perform no sacrifices is
called the property of the Asuras. - On him (who, for the reasons stated, appro-
priates another’s possessions), a righteous king shall
not inflict punishment ; for (in that case) a Brah-
ma^a pines with hunger through the Kshatriya’s
want of care. - Having ascertained the number of those de-
pendent on such a man, and having fully considered
his learning and his conduct, the king shall allow
him, out of his own property, a maintenance whereon
he may live according to the law ; - And after allotting to him a maintenance, the |
- ‘A Dasyu,’ see above, X, 45. According to Nar., this verse
too refers to the king. - ‘ Both/ i. e. ‘ him from whom he takes it by saving him frc
sin (or, from the trouble of protecting his property, Gov.), and tl
recipient’ (Kull., Gov.). Nand. omits verses 19-21.
21-22. See above, VII, 134-135.
- See above, VIII, 304.
XI, 29. PENANCES; GIFTS AND SACRIFICES. 435
king must protect him in every way ; for he obtains
from such (a man) whom he protects, the sixth part
of his spiritual merit.
- A Brahma/za shall never beg from a .5udra
property for a sacrifice ; for a sacrificer, having
begged (it from such a man), after death is born
(again) as a Kandala.. - A Brahma;za who, having begged any pro-
perty for a sacrifice, does not use the whole (for that
purpose), becomes for a hundred years a (vulture of
the kind called) Bhasa, or a crow. - That sinful man, who, through covetousness,
seizes the property of the gods, or the property of
Brahma/zas, feeds in another world on the leavings of
vultures. - In case the prescribed animal and Soma-
sacrifices cannot be performed, let him always offer
at the change of the year a Vaisvanarl Ish^i as a
penance (for the omission). - But a twice-born, who, without being in dis-
tress, performs his duties according to the law for
times of distress, obtains no reward for them in the
next world ; that is the opinion (of the sages). - By the Visve-devas, by the Sadhyas, and by
the great sages (of the) Brahma^a (caste), who were
afraid of perishing in times of distress, a substitute
was made for the (principal) rule. - Vi. LIX, 11 ; Y&gii. I, 127.
- Y%n. I, 127. Medh., Gov., and Nar. say, ‘A Brahma/za
who …. does not give the whole of it (to Brahmawas).’ - Pare loke, ‘in another world/ means according to Gov. and
Kull., ‘ in his next birth.’ - Vi. LIX, 10 ; Yagn. I, 126. The Vairvanari Ish/i is accord-
ing to Medh., a rite described in the Grzhya-sutras. Regarding the
prescribed *Srauta sacrifices, see above, IV, 25-26.
F f 2
436 LAWS OF MANU. XI, 30.
- That evil-minded man, who, being able (to
fulfil) the original law, lives according to the
secondary rule, reaps no reward for that after
death. - A Brahma;za who knows the law need not
bring any (offence) to the notice of the king ; by his
own power alone he can punish those men who
injure him. - His own power is greater than the power of
the king ; the Brahma^a, therefore, may punish his
I foes by his own power alone.
2,3. Let him use without hesitation the sacred
texts, revealed by Atharvan and by Angiras ; speech,
indeed, is the weapon of the Brahma/za, with that
he may slay his enemies.
- A Kshatriya shall pass through misfortunes
which have befallen him by the strength of his
arms, a VaLsya and a ^Sudra by their wealth, the
chief of the twice-born by muttered prayers and
burnt-oblations. - The Brahma/za is declared (to be) the creator
(of the world), the punisher, the teacher, (and hence)
a benefactor (of all created beings) ; to him let no
man say anything unpropitious, nor use any harsh
words. - This and the following verses rescind the rules given above,
IX, 290. - See above, IX, 313—321.
- ‘The sacred texts, revealed by Atharvan and Angiras,’ i.e.
the charms and incantations contained in the Atharva-veda. Nar.
reads abhi/£arayan, ‘using magic,’ instead of aviHrayan (Medh.,
Gov., Kull., K.). Nand. reads, jrutir atharvangirasU kuryad it)
abhi/£aritam. - Vas. XXVI, 16.
35.I read with Medh., Gov., Nar., Ragh., Nand., and K., maitro for
maitrt, and mktam for jushkam (editions). The commentators differ
XI, 37- penances; sacrifices. 437
2,6. Neither a girl, nor a (married) young woman,
nor a man of little learning, nor a fool, nor a man
in great suffering, nor one uninitiated, shall offer
an Agnihotra.
- For such (persons) offering a burnt-oblation
sink into hell, as well as he to whom that (Agni-
hotra) belongs ; hence the person who sacrifices (for
another) must be skilled in (the performance of)
Vaitana (rites), and know the whole Veda.
much with respect to the explanation of the first line. Vidhata, ‘ the
creator (of the world,’ Medh., Nar.), means according to Gov. and
Kull. ‘the performer of the prescribed rites;’ according to Ragh. ‘able
to do, to undo, and to change ;’ according to Nand. ‘the performer
of magic rites and so forth.’ -Sasita, ‘the punisher’ (Medh. Kull.,
Ragh.), i. e. ‘ of others, of the king’ (Medh.), or ‘ of his sons, pupils,
and so forth’ (Kull.), is interpreted by Nar. to mean ‘ the instructor
in the sacred law,’ by Nand. ‘the instigator (of incantations).’
Vakta, ‘the teacher’ (Gov., Nar.), means according to Medh. ‘the
giver of good advice,’ according to Kull. and Ragh. ‘ the expounder
of the sacred law.’ The explanations of Gov. and Kull. allow also
the translation adopted by Sir W. Jones, ‘ He who performs his
duties is truly called a Brahmawa/ As regards the second line
Medh. offers two explanations. First he interprets it ‘ to him, i. e.
when he uses magic, let no man say anything unpropitious, i. e. he
must not punish him, nor use any harsh words, i. e. admonish or
sharply reprimand him.’ Gov. and Kull. agree with this explana-
tion, but omit the specification ‘ when he uses magic.’ According
to Medh.’s second rendering the line contains an advice, addressed
to men of all castes, not to anger or disquiet a Brahmawa ; and this
view is adopted by Ragh. and Nand., who explain akuralam,
‘ unpropitious,’ by anish/am, ‘ anything disagreeable/ Nar.’s read-
ings seem to have differed. He has kuryat instead of bmyat, and
explains the first phrase, ‘ to him let no man do anything unpro-
pitious/ i. e. anything unbecoming, such as a bodily injury. In the
second clause he reads juktam (suktam, MS.), which he explains by
paryushitam, ‘ stale,’ but he does not give the remainder of his text.
36-37. Ap. II, 15,18-19; Gaut. II, 4; Vas. II, 6: see also
above, II, 172 ; V, 155 ; IX, 18. The Vaitana rites are those per-
formed in the vitana, the three sacred fires. Hence it follows that
the Agnihotra meant here is the -Srauta Agnihotra.
438 LAWS OF MANU. XI, 38.
- A Brahma;za who, though wealthy, does not
give, as fee for the performance of an Agnyadheya,
a horse sacred to Pra^apati, becomes (equal to one)
who has not kindled the sacred fires. - Let him who has faith and controls his
senses perform other meritorious acts, but let him
on no account offer sacrifices at which he gives
smaller fees (than those prescribed). - The organs (of sense and action), honour,
(bliss in) heaven, longevity, fame, offspring, and
cattle are destroyed by a sacrifice at which (too)
small sacrificial fees are given ; hence a man of
small means should not offer a (6rauta) sacrifice. - A Brahma/za who, being an Agnihotrin,
voluntarily neglects the sacred fires, shall perform
a lunar penance during one month ; for that
(offence) is equal to the slaughter of a son. - Those who, obtaining wealth from .Stidras,
(and using that) offer an Agnihotra, are priests
officiating for 6udras, (and hence) censured among
those who recite the Veda. - The translation of prag-apatya, ‘ sacred to Pra^apati,’ follows
Gov., Kull., Nar., and Ragh. Medh. says that the epithet may be
used merely by way of laudation, or may mean that the animal is
to be neither very good nor very bad, or that it may be derived
from a phrase current among the people. Nand. explains it by
1 to be given to the Brahman priest.’ - Gov. and Kull. explain, here and above, IV, 94, yara^,
‘ honour/ by ‘ a good name during one’s life,’ and kirtim, * fame,’
by < fame after death.’ Nar. takes the former as ‘ being known to
others for one’s virtues,’ and the latter as ‘ being praised by others/ - Gaut. XXII, 34 ; Vas. I, 18 ; XXI, 27 ; Vi. LIV, 13. Nand.
explains vira, ‘ son’ (Gov., Kull., Nar., Ragh.), by a Kshatriya, and
Ragh. says that it may also mean ‘ a deity.’ - See above, XI, 24.
xi, 48. penances; gifts and sacrifices. 439
- Treading with his foot on the heads of those
fools who worship a fire (kindled at the expense) of a
£udra, the giver (of the wealth) shall always pass
over his miseries (in the next world). - A man who omits a prescribed act, or per-
forms a blamable act, or cleaves to sensual enjoy-
ments, must perform a penance. - (All) sages prescribe a penance for a sin
unintentionally committed ; some declare, on the
evidence of the revealed texts, (that it may be
performed) even for an intentional (offence). - A sin unintentionally committed is expiated
by the recitation of Vedic texts, but that which
(men) in their folly commit intentionally, by various
(special) penances. - A twice-born man, having become liable to
perform a penance, be it by (the decree of) fate or
by (an act) committed in a former life, must not,
before the penance has been performed, have inter-
course with virtuous men. - Some wicked men suffer a change of their
- Nand. reads the first line differently, papana»z satataw teshara
agnim judrasya ^uhvatam, but the general sense remains the same.
44-46. Gaut. XIX ; Vas. XX, 1-3 ; XXII ; Baudh. Ill, 10 ; Y&gii.
Ill, 219, 226.
- Vedic texts which prescribe penances for offences committed
intentionally, are quoted Gaut. XIX, 7-10. The commentators
adduce also Aitareya-brahmawa VII, 28. - Daivat, ‘by (the decree of) fate/ i.e. ‘through carelessness’
(Medh., Nar., Kull., Ragh.). Medh. mentions a var. lect. mohat,
‘ through delusion of mind/ ‘ By (an act) committed in a former
life,’ i. e. ‘ if he has black teeth or some other bodily defect from
which his having committed a crime in a former birth may be
inferred.’
48-54. Vas. I, 18 ; XX, 6 ; XXI, 43″44 ) Vi. XLV ; Yagn. Ill,
207-215.
440
LAWS OF MANU.
XI, 49-
(natural) appearance in consequence of crimes com-
mitted in this life, and some in consequence of those
committed in a former (existence).
- He who steals the gold (of a Brahma^a) has
diseased nails ; a drinker of (the spirituous liquor
called) Sura, black teeth ; the slayer of a Brahma^a,
consumption ; the violator of a Gurus bed, a dis-
eased skin ;
’50. An informer, a foul-smelling nose; a calum-
niator, a stinking breath ; a stealer of grain, defi-
ciency in limbs; he who adulterates (grain), redundant
limbs ;
- A stealer of (cooked) food, dyspepsia ; a
stealer of the words (of the Veda), dumbness ; a
stealer of clothes, white leprosy; a horse-stealer,
lameness. - The stealer of a lamp will become blind; he
who extinguishes it will become one-eyed ; injury
(to sentient beings) is punished by general sickli-
ness ; an adulterer (will have) swellings (in his
limbs). - Thus in consequence of a remnant of (the
guilt of former) crimes, are born idiots, dumb, blind,
deaf, and deformed men, who are (all) despised by
the virtuous. - Penances, therefore, must always be per-
formed for the sake of purification, because those - ‘ A stealer of the words (of the Veda),’ i. e. ‘ one who learns
the Veda without permission, by hearing another man recite it ‘
(Gov., Kull., Ragh.), means according to Nar. ‘ a plagiator.’ - Gov., Nar., Nand., and K. omit this verse, and Ragh. says
that it is found kvapi, in some MSS. - I read with Nar., Nand., and K., karmavaj-eshewa instead of
karmavlreshewa (editions). The explanations of Medh., Gov., and
Kull. likewise point to the former reading.
XI, 59* RETRIBUTION FOR OFFENCES. 44 1
whose sins have not been expiated, are born (again)
with disgraceful marks.
- Killing a Brahma^a, drinking (the spirituous
liquor called) Sura, stealing (the gold of a Brah-
ma/^a), adultery with a Guru’s wife, and associating
with such (offenders), they declare (to be) mortal
sins (mahapataka). - Falsely attributing to oneself high birth,
giving information to the king (regarding a crime),
and falsely accusing one’s teacher, (are offences)
equal to slaying a Brahma/za. - Forgetting the Veda, reviling the Vedas,
giving false evidence, slaying a friend, eating for-
bidden food, or (swallowing substances) unfit for
food, are six (offences) equal to drinking Sura. - Stealing a deposit, or men, a horse, and
silver, land, diamonds and (other) gems, is declared
to be equal to stealing the gold (of a Brahma/za). - Carnal intercourse with sisters by the same (
mother, with (unmarried) maidens, with females of \
55-71. Ap. I, 21, 7-19; Gaut. XXI, 1-12; Vas. I, 19-23;
Baudh. II, 2, 1-8; 12-13; 15-16; Vi. XXXIV, 1; XXXV-
XXXVIII, 6; XXXIX-XLII; Ya^. Ill, 227-242.
- See above, IX, 235.
- Guroj ^alikanirbandha^, ‘falsely accusing one’s teacher’
(Medh., Gov., Kull.), may also mean according to Medh. ‘ wrong-
fully going to law with the teacher/ Nar. and Nand. explain it
by ‘ persevering in doing what is disagreeable to the teacher.’ - Garhitanadya, ‘forbidden food and (substances) unfit for food ‘
(Gov., Kull., Ragh.), means according to Medh. ‘forbidden food
and such which one has resolved not to eat ;’ according to Nar.
and Nand. ‘ food blemished by the contact with impure men or
things, and such as is by its nature unfit for eating, e. g. garlic/ - The commentators point out that, though the crimes
enumerated in verses 56-59 are stated to be equal to mortal sins,
the penances are not always the same, but frequently less heavy.
44 2 LAWS OF MANU.
the lowest castes, with the wives of a friend, or of a
son, they declare to be equal to the violation of
a Guru’s bed.
- Slaying kine, sacrificing for those who are un-
worthy to sacrifice, adultery, selling oneself, casting
off one’s teacher, mother, father, or son, giving up
the (daily) study of the Veda, and neglecting the
(sacred domestic) fire, - Allowing one’s younger brother to marry
first, marrying before one’s elder brother, giving a
daughter to, or sacrificing for, (either brother), - Defiling a damsel, usury, breaking a vow,
selling a tank, a garden, one’s wife, or child, - Living as a Vratya, casting off a relative,
teaching (the Veda) for wages, learning (the Veda)
from a paid teacher, and selling goods which one
ought not to sell, - Superintending mines (or factories) of any
- ‘ Selling oneself,’ i. e. ‘ for money into slavery ‘ (Medh.),
‘refers to Aryans only’ (Nar.). Medh. mentions another reading,
paradaryam avikraya^, ‘ adultery and the sale of forbidden mer-
chandise.’ Medh. and Nar. say, ‘forgetting the sacred texts
required for the daily private recitation ; ‘ and Medh. adds that,
as the same offence has been mentioned above, verse 57, ‘for-
getting the Veda,’ may be either reckoned as equal to a Maha-
pataka or as an Upapataka crime. Nar. refers the term ‘ the fire ‘
to the three sacred -Srauta fires. - ‘Breaking a vow/ i.e. ‘any vow voluntarily undertaken
(Medh., Nar.), means according to Gov., KulL, and Ragh. ‘ break-
ing the vow of studentship.’ - ‘Living as a Vratya/ see above, X, 20. ‘Casting off a
relative/ i. e. ‘ not supporting him in distress, though one possesses
money enough to do so ‘ (Medh.). Medh. takes bandhava in the
sense of ‘ maternal relatives/ and understands that it includes the
mother, sisters, maternal uncles, &c, while the other commentators
take it in a wider sense. - Mahayantrapravartana, ‘ executing great mechanical works/
Ml
XT, 67. CLASSIFICATION OF OFFENCES. 443
sort, executing great mechanical works, injuring
(living) plants, subsisting on (the earnings of) one’s
wife, sorcery (by means of sacrifices), and working
(magic by means of) roots, (and so forth),
- Cutting down green trees for firewood, doing
acts for one’s own advantage only, eating prohi-
bited food, - Neglecting to kindle the sacred fires, theft,
non-payment of (the three) debts, studying bad
books, and practising (the arts of) dancing and
singing, - Stealing grain, base metals, or cattle, inter-
e. g. ‘ constructing dams across rivers in order to stop the water ‘
(Medh., Gov., Kull., Ragh., K.), means according to Nar. ‘making
machines for killing great animals such as boars,’ according to
Nand. ‘(making) great machines such as sugar-mills.’ Stryagiva,
‘ subsisting on (the earnings of) one’s wife, i. e. by making her go
into service (Nar., Nand.), or by forcing her to become a harlot ‘
(Kull.), means according to Medh. ‘ subsisting on (the separate
property of) one’s wife,’ according to Ragh. ‘ living on (the money
obtained by selling one’s wife/ Nand. reads hi/wsraushadhistry-
umgiva/i, ‘ subsisting on (money earned by the sale of) noxious
herbs or on (the earnings of) one’s wife.’
- ‘ Doing acts for one’s own advantage only/ i. e. ‘ cooking
only for oneself, and so forth ‘ (Medh., Nar., Kull, Nand., Ragh.) ;
see above, III, 118. By ninditanna, ‘ forbidden food/ Medh. under-
stands the same kinds, mentioned above, verse 57; Kull., ‘for-
bidden food such as garlic ;’ Nar., Ragh., and Nand., ‘ food given
by persons from whom it must not be accepted, e. g. by a king, a
gambler, &c/ Medh. and Kull. state expressly that, if such food
be eaten once and unintentionally, the offence is an Upapataka,
but in worse cases equal to a Mahapataka. - ‘ Theft/ i. e. ‘ of valuable objects ‘ (Kull.), ‘ excepting gold
and the other articles specially mentioned ‘ (Medh., Ragh.), e. g.
‘of clothes ‘ (Nar.). Regarding the three debts, see Vas. XI, 45.
1 Bad books/ i. e. ‘ those of the A’arvakas, Nirgranthas (Crainas/
Medh.), or ‘ of heretics in general ‘ (Nar.). - ‘Cattle/ i. e. other than cows; see above, verse 60.
444 LAWS OF MANU. XI, 68.
course with women who drink spirituous liquor,
slaying women, .5udras, VaLsyas, or Kshatriyas, and
atheism, (are all) minor offences, causing loss of
caste (Upapataka).
- Giving pain to a Brahman (by a blow),
smelling at things which ought not to be smelt at,
or at spirituous liquor, cheating, and an unnatural
offence with a man, are declared to cause the loss
of caste (^atibhra^^a). - Killing a donkey, a horse, a camel, a deer,
an elephant, a goat, a sheep, a fish, a snake, or a
buffalo, must be known to degrade (the offender) to
a mixed caste (Sawkarikara/za). - Accepting presents from blamed men, trading,
serving 6udras, and speaking a falsehood, make (the
offender) unworthy to receive gifts (Apatra). - Killing insects, small or large, or birds, eating
anything kept close to spirituous liquors, stealing
fruit, firewood, or flowers, (are offences) which make
impure (Malavaha). - Learn (now) completely those penances, by
means of which all the several offences mentioned
(can) be expiated. - For his purification the slayer of a Brahma/za
shall make a hut in the forest and dwell (in it) - * Things which ought not to be smelt at,’ e. g. ‘ garlic, onions,
ordure, &c.’ (Medh., Gov., Kull., Nar.). - ‘ Blamed men,’ i. e. those from whom no gifts must be
accepted ; see above, IV, 84 seq.
73-87. Ap. I, 24, 10-25; 25, 11-12; 28, 21-29, T) Gaut.
XXII, 2-10; Vas. XX, 25-28; Baudh. II, 1, 2-6; Vi. XXV, 6;
L, 1-6, 15; Y%™. Ill, 243-250.
- According to Kull., Nar., and Ragh. this penance is to be
performed in case the homicide was committed unintentionally.
XI, 77- PENANCES FOR MURDER. 445
during twelve years, subsisting on alms and making
the skull of a dead man his flag ;
- Or let him, of his own free will, become (in a
battle) the target of archers who know (his pur-
pose); or he may thrice throw himself headlong into
a blazing fire ; - Or he may offer a horse-sacrifice, a Svar^it, a
Gosava, an Abhi^it, a Visva^it, a Trivr/t, or an
Agnish/ut ; - Or, in order to remove (the guilt of) slaying
a Brahma^a, he may walk one hundred yo^anas,
reciting one of the Vedas, eating little, and con-
trolling his organs ;
7 7. Or he may present to a Brahma^a, learned in
- Vidusham, ‘who know (his purpose), ‘ (Medh., Gov., Kull.),
may also mean according to Medh. ‘ who are expert in archery,’
and Nand. adopts this explanation. Nar. thinks that this penance
must be performed by one who intentionally murdered a Brahmawa,
and that it must end in his death. According to the Bhavishya-
purazza which Kull. and Ragh. quote, these two penances and that
mentioned in the next verse are to be performed by a Kshatriya
who slew a Brahmazza, those ending in death by an offender who
himself, destitute of good qualities, killed a learned *Srotriya, and
the lighter ones by an eminent king who unintentionally caused
the death of a worthless Br&hmazza. - According to the Bhavishyapurazza, Nar. and Kull., Svar§it
is the name of a sacrifice, but Medh. (on verse 78) and Ragh. take
the word as an adjective qualifying Gosava. Regarding the Gosava,
see Katyayana St. Sutras XXII, 11,3; regarding the Abhi^it, Asv.
St. Sutras VIII, 5, 13. According to Gov. and Nar., Trivrz’t is
equivalent to Trivrz’tstoma, and to be taken separately; but accord-
ing to Medh. and Ragh., trivrzta qualifies Agnish/ut. Regarding
the Agnish/ut, see Asv. St. Sutras IX, 7, 22-25. - According to Nar., Kull., and Ragh. (the latter two quoting
the Bhavishyapurazza as their authority), this penance suffices to
expiate the unintentional slaughter of one who has nothing but the
name of a Brahmazza. - I read with Medh., Gov., and K., dhanazzz hi instead of
446 LAWS OF MANU. XI, 78.
the Vedas, his whole property, as much wealth as
suffices for the maintenance (of the recipient), or a
house together with the furniture ;
yS. Or, subsisting on sacrificial food, he may
walk against the stream along (the whole course
of the river) Sarasvati; or, restricting his food
(very much), he may mutter thrice the Sa^hita of
a Veda.
- Having shaved off (all his hair), he may
dwell at the extremity of the village, or in a cow-pen,
or in a hermitage, or at the root of a tree, taking
pleasure in doing good to cows and Brahma;zas.
—
dhanaw va (Nar., Nand., Ragh., editions), ‘or as much wealth as.’
Kull.’s explanation, too, points to the former reading, the meaning
of which is that ‘ the whole property’ must be sufficient to maintain
the recipient. According to the Bhavishyapurawa, quoted by Kull.
and Ragh., the penance is prescribed for the case that a rich, un-
learned Brahma^a who keeps no sacred fire, unintentionally slew
an utterly worthless Brahmawa.
- According to the BhavishyapunUa, quoted by Kull. and
Ragh., the first penance is to be performed by an unlearned
Brahma/za who intentionally killed an utterly worthless caste-
fellow, the second by an exceedingly distinguished -Srotriya who
unintentionally caused the death of a man merely a Brahmawa in
name. Medh. and Gov. attach their views regarding the particular
cases to their explanations of this Sutra. Gov. does not go beyond
generalities. But Medh. says that the penance mentioned in verse 73
and the first described in verse 74 may be optionally performed for
intentionally slaying an ordinary Brahmawa. If a -Srotriya or one
who is performing a *Srauta sacrifice has been killed, the offender
is to burn himself. The sacrifices will atone for the guilt of a
homicide committed unintentionally, by a most distinguished
member of the Aryan castes, provided that the person slain was
a Brahmawa in name only. - Medh., Kull, and Gov. think that the rule allows an option
with respect to the residence during the penance of twelve years
(verse 73). Nar. says that the verse contains a general rule for all
penances.
XI, 85. PENANCES FOR MURDER. 447
- He who unhesitatingly abandons life for the
sake of Brahma/zas or of cows, is freed from (the
guilt of) the murder of a Brahma^a, and (so is he)
who saves (the life of) a cow, or of a Brahma/za.
8 1. If either he fights at least three times (against
robbers in defence of) a Brahma/za’s (property), or
reconquers the whole property of a Brahma/za, or if
he loses his life for such a cause, he is freed (from
his guilt).
- He who thus (remains) always firm in his
vow, chaste, and of concentrated mind, removes after
the lapse of twelve years (the guilt of) slaying a
Brahmazza. - Or he who, after confessing his crime in an
assembly of the gods of the earth, (Brahmazzas), and
the gods of men (Kshatriyas), bathes (with the
priests) at the close of a horse-sacrifice, is (also)
freed (from guilt). - The Brahmazza is declared (to be) the root
of the sacred law and the Kshatriya its top ; hence
he who has confessed his sin before an assembly of
such men, becomes pure. ^ - By his origin alone a Brahmazza is a deity even
for the gods, and (his teaching is) authoritative for
men, because the Veda is the foundation for that. \ - This holds good also before the twelve years’ penance is
finished (Gov., Kull., Nar.). - Gov. holds that this penance is efficacious only if the
offender is engaged in the performance of the twelve years’ pen-
ance. Kull. and Ragh. think that it is a separate penance, because
the subject of the twelve years’ penance has been finished in the
preceding verse, and because the Bhavishyapuraraa specially pre-
scribes it for an eminent Brahmawa who unintentionally causes the
death of a worthless caste-fellow. Medh. mentions both opinions,
and states that he believes the penance to be efficacious in any
case.
44^ LAWS OF MANU. XI, 86.
- (If) only three of them who are learned in
the Veda proclaim the expiation for offences, that
shall purify the (sinners) ; for the words of learned
men are a means of purification. - A Brahma^a who, with a concentrated mind,
follows any of the (above-mentioned) rules, removes
the sin committed by slaying a Brahma^a through
his self-control. - For destroying the embryo (of a Brahma^a,
the sex of which was) unknown, for slaying a Ksha-
triya or a Vai^ya who are (engaged in or) have offered
a (Vedic) sacrifice, or a (Brahma^a) woman who has
bathed after temporary uncleanness (Atreyi), he must
perform the same penance, - Likewise for giving false evidence (in an
important cause), for passionately abusing the
teacher, for stealing a deposit, and for killing (his)
wife or his friend. - This expiation has been prescribed for unin-
88-89. Ap. I, 24, 6-9, 23 ; Gaut. XXII, 11-14 ; Vas. XX, 34-36
Baudh. II, 1, 12 ; Vi. L, 7-10 ; LII, 4 ; Y&gn. Ill, 251.
- Medh. and several other commentators propose, in explana-
tion of the term Atreyi, besides the interpretation given above, also
the erroneous one, ‘ a female of the tribe of Atri.’ - ‘Giving false evidence,’ i.e. ‘in a case where the life of th«
accused is involved’ (Medh., Gov., Nar.), or ‘where gold, lane
and the like is at stake’ (Kull., Ragh.). ‘Abusing the teacher,’
see above, verse 56. ‘Stealing a deposit,’ i.e. ‘gold belonging t(
a Kshatriya or Vaijya, or silver and other property belonging to
Brahmawa’ (Kull., Nar., Ragh.), or property belonging to a poor
Brahmawa (Medh.). Stri, ‘ his wife’ (Nar., Nand.), means according
to Gov., Kull., and Ragh. ‘ the virtuous wife of a distinguishec
Brahmawa who keeps sacred fires.’ Medh. (on verse 88) seems tc
agree to a similar explanation. ‘His friend,’ i.e. ‘though he ma}
not be a Brahmawa’ (N&r.). - The verse is identical with Baudh. II, 1, 6. The correct
XI, 93- PENANCES FOR DRINKING SPIRITS. 449
tentionally killing a Brahma/za ; but for intentionally
slaying a Brahma^a no atonement is ordained.
- A twice-born man who has (intentionally)
drunk, through delusion of mind, (the spirituous
liquor called) Sura shall drink that liquor boiling-
hot ; when his body has been completely scalded
by that, he is freed from his guilt ; - Or he may drink cow’s urine, water, milk,
clarified butter or (liquid) cowdung boiling-hot, until
he dies ; - Or, in order to remove (the guilt of) drinking
Sura, he may eat during a year once (a day) at
night grains (of rice) or oilcake, wearing clothes
made of cowhair and his own hair in braids and
carrying (a wine cup as) a flag.
interpretation of this verse is that Manu, just as Ap. I, 24, 24, held
the intentional murder of a true Brahmawa to be inexpiable during
the criminal’s life, and meant to teach that the murderer had either
to perform a penance which caused his death or to live according
to the twelve years’ rule during the term of his natural life. This is
the doctrine attributed to Manu by Gaut. XXI, 7. While Gov. and
Nar. agree with this explanation, Medh., ‘ others ‘ quoted by Gov.,
Kull., Nand., and Ragh. refer iya#z, ‘this,’ to verse 73, and hold
that in the case of wilful murder the penance has only to be made
severer by doubling or trebling the term of twelve years.
91-98. Ap. I, 25, 3, 10 ; 27, 10 ; Gaut. XXIII, 10-12 ; Vas. XX,
19, 22 ; Baudh. II, 1, 18-22 ; Vi. LI, 1-4 ; Yagn. Ill, 253-254.
- This and the next penances are prescribed for an inten-
tional offence; see below, verse 147. According to Medh., Gov.,
Kull., and Ragh. (the latter two quoting the Bhavishyapurawa), the
spirituous liquor here intended is the paish/iki sura, that distilled
from ground rice. According to Nar. the penance ending in death
must be performed by all Aryans who have drunk paish/iki sura,
and by Brahmawas who have drunk any of the three kinds of sura
mentioned in verse 95. Nand. reads amohat, and explains it by
matipurvakam, ‘ intentionally.’ - According to Gov., Kull., Nand., and Ragh., this penance is
prescribed for drinking unintentionally paish/iki sura ; according
[25] G g
\
45O LAWS OF MANU. XI, 94.
- Sura, indeed, is the dirty refuse (mala) of
grain, .sin also_J J_jcalled dirt Jmala) ; hence a
Brahma/za, a Kshatriya, and a VaLsya shall not
drink Sura. - Sura one must know to be of three kinds,
that distilled from molasses (gauaft), that distilled
from ground rice, and that distilled from Madhuka-
flowers (madhvi) ; as the one (named above) even
so are all (three sorts) forbidden to the chief of
the twice-born. - Sura, (all other) intoxicating drinks and de-
coctions and flesh are the food of the Yakshas,
Rakshasas, and Pi^a^as ; a Brahma^a who eats (the
remnants of) the offerings consecrated to the gods,
must not partake of such (substances). - A Brahma/za, stupefied by drunkenness, might
fall on something impure, or (improperly) pronounce
Vedic (texts), or commit some other act which ought
not to be committed. - When the Brahman (the Veda) which dwells
in his body is (even) once (only) deluged with
spirituous liquor, his Brahmanhood forsakes hi
and he becomes a ,5udra.
:
to ‘others’ quoted by Medh. and Ragh., for drinking gauatt or
madhvi sura ; according to Nar., for intentionally drinking water
mixed with madhusura. Medh. himself says id am prawatyaya
aushadhartham, ‘ this (is intended) as a medicine for death.’
- This verse shows, as the commentators point out, the d
tinction between spirituous liquor distilled from ground grai
paish/iki sura, and the other two sorts mentioned in the next verse.
The first alone is forbidden to all Aryans, the other two sorts t
Brahmawas; see also Gaut. II, 20. - Madhvi, ‘distilled from Madhuka (Maua) flowers’ (Kull
means according to Medh. ‘distilled from honey,’ according to
Nar. ‘ distilled either from grapes or from Madhuka flowers or
from honey.’
lya
s
:se.
XI, 104- PENANCES FOR DRINKING SPIRITS. 45 1
- The various expiations for drinking (the
spirituous liquors called) Sura have thus been ex-
plained; I will next proclaim the atonement for
stealing the gold (of a Brahma/za). - A Brahma^a who has stolen the gold (of a
Brahma^a) shall go to the king and, confessing his
deed, say, ( Lord, punish me F
10 1. Taking (from him) the club (which he must
carry), the king himself shall strike him once, by his
death the thief becomes pure ; or a Brahma/za (may
purify himself) by austerities.
- He who desires to remove by austerities the
guilt of stealing the gold (of a Brahma^a), shall per-
form the penance (prescribed) for the slayer of a
Brahma/za, (living) in a forest and dressed in (gar-
ments made of) bark. - By these penances a twice-born man may
remove the guilt incurred by a theft (of gold) ; but
he may atone for connexion with a Guru’s wife by
the following penances. - He who has violated his Guru’s bed, shall
n
100-101. See above, VIII, 314-316.
10 1. At the end of the verse Gov., Kull., Nar., Ragh., Nand.,
and K. read va instead of tu (Medh.(?) editions), which is
variously explained. According to Nar. and Nand., it means
‘but.’ Kull. thinks that it indicates that, while a Brahmawa must
never be slain by the king, other Aryans also may perform aus-
terities. According to Ragh., it refers to the optional recitation
of the Gayatri, repeated 700,000 times; according to Nar., to other
penances, even such as end in death. But Gov. is probably right
in assuming that ‘the austerities’ -meant are those prescribed in
the next verse.
- Ap. I, 25, 10; Y&g-w. Ill, 258 ; Vi. LII, 3. According to
Nar., this verse refers to an ‘unintentional’ offence; according to
Kull. and Ragh., to the theft of a small sum.
104-107. Ap. I, 25, 1-2, 10; 28, 15-18; Gaut. XXIII, 8-12 ;
Gg 2
452 LAWS OF MANU. XI, 105.
after confessing his crime, extend himself on a heated
iron bed, or embrace the red-hot image (of a woman) ;
by dying he becomes pure ;
- Or, having himself cut off his organ and his
testicles and having taken them in his joined hands,
he may walk straight towards the region of Nirrzti
(the south-west), until he falls down (dead) ; - Or, carrying the foot of a bedstead, dressed
in (garments of) bark and allowing his beard to
grow, he may, with a concentrated mind, perform
during a whole year the Krz&Mra. (or hard, penance),
revealed by Pra^apati, in a lonely forest ; - Or, controlling his organs, he may during
three months continuously perform the lunar penance,
(subsisting) on sacrificial food or barley-gruel, in order
to remove (the guilt of) violating a Guru’s bed. - By means of these penances men who have
committed mortal sins (Mahapataka) may remove
their guilt, but those who committed minor offences,
causing loss of caste, (Upapataka, can do it) by the
various following penances.
Vas. XX, 13-14; Baudh. II, 1, 13-15; Vi. XXXIV, 2 ; LIII, 1;
Yagii. Ill, 259-260.
- According to Medh., the term ‘Guru’ denotes here ‘the
teacher or the father;’ according to Kull., Nar., and Ragh., ‘the
father;’ and Nar. particularly excludes an offence with a step-
mother. - According to Medh., Kull., Ragh., this penance expiates
incest committed by mistake ; according to Nar., the rule applies to
the case when the offence was committed with a stepmother. Re-
garding the YLrikkhva, penance, see below, verse 212. - According to Medh. and Ragh., the rule refers to an offence
committed with the wife of a paternal or of a maternal uncle, or of
other minor Gurus ; according to Kull., to an offence with an un-
faithful or low-caste wife of a Guru. Regarding the lunar penance
or A^andrayawa, see below, verse 217. - Nar. takes mahapataldna^, ‘those who committed mortal
XI,ii6. PENANCES FOR MINOR OFFENCES. 453
- He who has committed a minor offence by
slaying a cow (or bull) shall drink during (the first)
month (a decoction of) barley-grains ; having shaved
all his hair, and covering himself with the hide (of
the slain cow), he must live in a cow-house.
no. During the two (following) months he shall
eat a small (quantity of food) without any factitious
salt at every fourth meal-time, and shall bathe in the
urine of cows, keeping his organs under control.
1 1 t. During the day he shall follow the cows and,
standing upright, inhale the dust (raised by their
hoofs) ; at night, after serving and worshipping them,
he shall remain in the (posture, called) virasana.
- Controlling himself and free from anger, he
Lust stand when they stand, follow them when they
walk, and seat himself when they lie down.
- (When a cow is) sick, or is threatened by
langer from thieves, tigers, and the like, or falls, or
ticks in a morass, he must relieve her by all pos-
;ible means :
- In heat, in rain, or in cold, or when the wind
lows violently, he must not seek to shelter himself,
without (first) sheltering the cows according to his
ability.
- Let him not say (a word), if a cow eats
(anything) in his own or another’s house or field or
on the threshing-floor, or if a calf drinks (milk). - The slayer of a cow who serves cows in this
sins/ in the sense of ‘ those equal to mortal sinners/ i. e. those
offenders who have been enumerated above, verse 56 seq.
1 09-1 17. Ap. I, 26, 1 ; Gaut. XXII, 18 ; Vi. L, 16-24 ; Ya§7£. Ill,
263-264.
in. ‘In the (posture, called) virasana,’ i.e. ‘seated without
leaning against a wall or the like’ (Kull., Nand.).
454 LAWS OF MANU. XI, 117.
manner, removes after three months the guilt which
he incurred by killing a cow.
1 1 7. But after he has fully performed the pen-
ance, he must give to (Brahma/zas) learned in the
Veda ten cows and a bull, (or) if he does not
possess (so much property) he must offer to them
all he has.
1 1 8. Twice-born men who have committed (other)
minor offences (Upapataka), except a student who
has broken his vow (Avakirmn), may perform, in
order to purify themselves, the same penance or
also a lunar penance.
- But a student who has broken his vow shall
offer at night on a crossway to Nirmi a one-eyed
ass, according to the rule of the Pakaya^as. - Having offered according to the rule obla-
tions in the fire, he shall finally offer (four) oblations
of clarified butter to Vata, to Indra, to the teacher
(of the gods, Brzhaspati) and to Agni, reciting the
Rik verse ‘ May the Maruts grant me,’ &c. - Those who know the Veda declare that a
voluntary effusion of semen by a twice-born (youth}
who fulfils the vow (of studentship constitutes)
breach of that vow. - The divine light which the Veda imparts t<
- Ya§-fi. Ill, 265.
1 18-124. Ap. I, 26, 8; Gaut. XXV, 1-4; Vas. XXIII, 1-4
Baudh. II, 1, 30-35 ; Vi. XXVIII, 49-50 ; Y&gn. Ill, 280.
- According to Nar. and Nand., the lunar penance is to
performed if the offence was committed unintentionally. - ‘According to the rule of the Pakaya^as,’ i.e. ‘according
to the Pa«mkalpa, found in Arvalayana’s and other Grzhya Sutras,’
Asv. Gri. Sutras I, 1 1 (Nar.). - The verse is found Taittiriya Arawyaka II, 18, 4.
- I read with Medh., Gov., and K., maruta^, instead of maru-
taw (Nand., editions).
XI, 127. PENANCES FOR MINOR OFFENCES. 4^5
the student, enters, if he breaks his vow, the Maruts,
Puruhuta (Indra), the teacher (of the gods, EWhas-
pati) and Pavaka (Fire).
- When this sin has been committed, he shall
go begging to seven houses, dressed in the hide of
the (sacrificed) ass, proclaiming his deed. - Subsisting on a single (daily meal that
consists) of the alms obtained there and bathing at
(the time of) the three savanas (morning, noon, and
evening), he becomes pure after (the lapse of) one
year. - For committing with intent any of the
deeds which cause loss of caste ((^atibhra^wakara),
(the offender) shall perform a Sa^tapana Krt&Mra. ;
(for doing it) unintentionally, (the Krz&Mra) revealed
by Pra^apati. - As atonement for deeds which degrade to a
mixed caste (Sa^kara), and for those which make a
man unworthy to receive gifts (Apatra), (he shall
perform) the lunar (penance) during a month ; for
(acts) which render impure (Malinikara/2iya) he shall
scald himself during three days with (hot) barley-
gruel. - One-fourth (of the penance) for the murder
of a Brahma/za is prescribed (as expiation) for
(intentionally) killing a Kshatriya, one-eighth for - Regarding the offences called Gatibhraw^akara, see above,
verse 68. The Sa/^tapana Kri/ckhm is described below, verse 213. - Regarding the three classes of offences, see above, 69-71.
The penance of subsisting on barley-gruel is described Vi. XLVIII;
Baudh. Ill, 6^
127-131. Ap. I, 24, 1-4 ; Gaut. XXII, 14-16 ; Vas. XX, 31-33 ;
Baudh. I, 19, 1-2 ; II, 8-10; Vi. L, 12-14; Ya^w. Ill, 266-267.
- The word ‘virtuous’ is, according to the commentators, to
be understood with ‘ a Kshatriya ‘ and ‘ a Vauya/ and the rule
456 LAWS OF MANU. XT, 128.
killing a Vaisya ; know that it is one-sixteenth for
killing a virtuous 6udra.
- But if a Brahma^a unintentionally kills a
Kshatriya, he shall give, in order to purify himself,
one thousand cows and a bull ; - Or he may perform the penance prescribed
for the murderer of a Brahma^a during three years,
controlling himself, wearing his hair in braids,
staying far away from the village, and dwelling at
the root of a tree. - A Brahma/za who has slain a virtuous
Vaisya, shall perform the same penance during one
year, or he may give one hundred cows and one
(bull).
(verse 66), according to which the murder of a -Sudra, a Vawya,
and a Kshatriya is an Upapataka, to be expiated by a three months’
Govrata or a lunar penance, refers to the cases of persons who do
not live in accordance with the sacred law.
- I read with Medh., Gov., Kull. (commentary), Nand., K
juddhyartham atmana^, instead of su^aritavrata^ (editions), whic
latter reading is evidently wrong. - According to Medh. and Ragh., this verse is merely a repe
tition of the rule given in verse 127. But others, mentioned by
him, Gov., Kull., and Nar., think that the special observances pre
scribed during the twelve years’ penance, e. g. carrying a sku
instead of a flag, which this verse does not expressly mention
need not be kept. Nand. reads dvyabdam, ‘ two years,’ instead
tryabdam. - I read with Gov., Kull, Nar., Ragh., Nand., and K. dadya
vaika^atam, instead of dadya^aikajatam (Medh., editions, and pr
bably mentioned by Nar.). According to Gov. and Kull. the tw
penances are to be performed optionally, in case a virtuous VaLry
has been killed unintentionally. Ragh. seems to hold the sam
opinion. But Medh. says that the first penance is to be performe
for the murder of a VaLsya who was less distinguished than the o
referred to in verse 127. Nar. finally thinks that the verse refers
a Vabya engaged in the performance of a sacrifice, and that th
XI, 134- PENANCES FOR MINOR OFFENCES. 457
- He who has slain a .Sudra, shall perform
that whole penance during six months, or he may
also give ten white cows and one bull to a Brah-
ma;za. - Having killed a cat, an ichneumon, a blue jay,
a frog, a dog, an iguana, an owl, or a crow, he shall
perform the penance for the murder of a .Sudra ; - Or he may drink milk during three days, or
walk one hundred yo^anas, or bathe in a river, or
mutter the hymn addressed to the Waters. - For killing a snake, a Brahma/za shall give
a spade of black iron, for a eunuch a load of straw
and a masha of lead ;
particle va,’or,’ takes the place of the copula, and thus one penance
only is prescribed.
- Gov. and Kull. hold that these penances, too, are to be
performed in the case of an unintentional homicide. Medh. explains
sita^, ‘white,’ to mean ‘not white in colour, but (called so) because
they resemble in purity (white substances), and give much milk and
are accompanied by their calves.’ - Ap. I, 2 5, 1 3 ; Gaut. XXII, 1 9 ; Vas. XXI, 2 4 ; Vi. L, 30-3 2 ;
Y&gn. Ill, 270. Gov., Kull., Nand. expressly state that the penance
for the murder of a .Sudra is to be performed for intentionally (thus
also Nar.) killing any single one of these animals, while Medh. thinks
that the rule holds good only if one has killed all of them. The
penance intended is, according to Gov., Kull., Nar., and Ragh., not
that mentioned in the preceding verse, but the lunar penance (Gov.,
Kull., Ragh.), or the Govrata (Gov., Kull.), or the Tapta Krz’^ra
(Nar.). - According to Gov., Kull., Nar., Ragh., these penances are
to be performed if the animal has been killed unintentionally;
according to Medh. they serve to expiate the slaughter of a single
animal. The choice among the four penances depends according
to Kull. and Ragh. on the strength of the offender, according to
Gov. and Nar. on his caste and other circumstances. ‘A yo^ana,’
i. e. 2I-9 miles. The hymn mentioned is found Rig-veda X, 9. - Gaut. XXII, 23, 25; Vi. L, 34-35 ; Y&gn. Ill, 273. ‘A
Brahmaraa/ i.e. ‘even a Brahmawa’ (Nar.). The recipient of the
gift is in every case a Brahma#a.
I!
458 LAWS OF MANU. XI, 135.
- For a boar a pot of clarified butter, for a
partridge a dro^a of sesamum-grains, for a parrot
a calf two years old, for a crane (a calf) three
years old. - If he has killed a Hawsa, a Balaka, a heron,
a peacock, a monkey, a falcon, or a Bhasa, he shall
give a cow to a Brahma^a. - For killing a horse, he shall give a garment,
for (killing) an elephant, five black bulls, for (killing)
a goat, or a sheep, a draught-ox, for killing a donkey,
(a calf) one year old ; - But for killing carnivorous wild beasts, he
shall give a milch-cow, for (killing) wild beasts that
are not carnivorous, a heifer, for killing a camel, one
krishnahi. - For killing adulterous women of the four
castes, he must give, in order to purify himself,
respectively a leathern bag, a bow, a goat, or a
sheep. - A twice-born man, who is unable to atone
by gifts for the slaughter of a serpent and the other
(creatures mentioned), shall perform for each of
them, a Kri&Mra (penance) in order to remove his
guilt. - But for destroying one thousand (small)
- Gaut. XXII, 24; Vi. L, 36-39; YSgn. Ill, 271, 273-274.
Kumbha, ‘ a pot,’ i. e. ‘ of 200 palas’ (Nar.). A drowa, i. e. four
aa%akas (Medh.), or 128 palas (Nar.). - Vi. L, 33; Yagn. Ill, 272.
- Vi. L, 25-28; Y&gri. Ill, 271, 274.
- Vi. L, 29, 40-41; Y&gn. Ill, 272-273. ‘A knshwala,’
i.e. ‘of gold’ (Medh., Gov., Kull., Nar., Nand., Ragh.). - Gaut. XXII, 26; Y&gn. Ill, 268. ‘Respectively,’ i. e.
according to the order of the castes. Ragh. adds ‘ unintentionally.’ - YSgn. Ill, 274; Vas. XXI, 26.
- Gaut. XXII, 20-21; Ap. I, 26, 2; Vas.XXI, 25; Vi. L, 46;
XI, 146. PENANCES FOR MINOR OFFENCES. 459
animals that have bones, or a whole cart-load of
boneless (animals), he shall perform the penance
(prescribed) for the murder of a 6udra.
- But for killing (small) animals which have
bones, he should give some trifle to a Brahma^a ;
if he injures boneless (animals), he becomes pure by
suppressing his breath (pra/zayama). - For cutting fruit-trees, shrubs, creepers,
lianas, or flowering plants, one hundred Rikas must
be muttered. - (For destroying) any kind of creature, bred
in food, in condiments, in fruit, or in flowers, the
expiation is to eat clarified butter. - If a man destroys for no good purpose
plants produced by cultivation, or such as spon-
taneously spring up in the forest, he shall attend a
cow during one day, subsisting on milk alone. - The guilt incurred intentionally or uninten-
tionally by injuring (created beings) can be removed
by means of these penances ; hear (now, how) all
YSgii. Ill, 269. ‘(Small) animals that have bones/ i.e. ‘lizards
and the like’ (Gov., Kull., Nar.).
- Vi. L, 47; Yagri. Ill, 275; Gaut. XXII, 22. The rule
refers in each case to the destruction of a single animal (Medh.,
Gov., Kull., Ragh.), or of a number less than that mentioned in
the preceding verse (Nar.). ‘ Something/ i. e. one pawa (Nar.) or
‘eight handfuls of grain* (Nand.). - Vi. L, 48; Yagn. Ill, 276. According to Kull. this
penance must be performed for an offence committed once and
unintentionally, because ‘the cutting of green trees’ has been de-
clared above, verse 65, to be an Upapataka for which at least a
lunar penance has to be performed. ‘ One hundred RikdcsJ ‘ the
Gayatri and the like ‘ (Kull.), or ‘ the Gayatri one hundred times ‘
(Nar.). - Vi. L, 49; Y&gri. Ill, 275. Rasa, ‘condiments/ i.e. ‘mo-
lasses, butter-milk and the like ‘ (Medh., Gov., Kull.). - Vi. L, 50; Yagn. Ill, 144.
460 LAWS OF MANU. XI, 147.
(sins) committed by partaking of forbidden food (or
drink, can be expiated).
- He who drinks unintentionally (the spiri-
tuous liquor, called) Varu^l, becomes pure by being
initiated (again); (even for drinking it) inten-
tionally (a penance) destructive to life must not
be imposed ; that is a settled rule. - He who has drunk water which has stood
in a vessel used for keeping (the spirituous liquor,
called) Sura, or other intoxicating drinks, shall
drink during five (days and) nights (nothing but)
milk in which the” .Sankhapushpi (plant) has been
boiled. - Ap. I, 25, 10; Gaut. XXIII, 2 ; Vas. XX, 19; Baudh. IT,
1, 19 ; Vi. LI, 1, 4 ; Y&gn. Ill, 255. ‘ Varum/ i. e. ‘ liquor distilled
from molasses or Maua flowers (gau^i madhvi ka), not that
distilled from ground grain, because another penance has been
prescribed above, verse 93 ‘ (Medh., Gov.). The other com-
mentators agree with this explanation, as well as with the additional
rule that a Tapta KrikkAra. must be performed before the second
initiation. Ragh. and Kull. quote also the Bhavishyapura/za, which
gives the same interpretation. The explanation of the second part of
the verse is everywhere that which the translation follows except in
Medh.’s and Nand.’s commentaries,where it is rendered ‘(for drinking
even these two kinds of Sura) intentionally (this penance) must not
be prescribed, (but) one whereby death ensues/ In my opinion the
commentators are totally wrong. I think that Varum means here,
as elsewhere, Sura, and that the first half of the verse prescribes the
performance of a second initiation after the penance, mentioned
in verse 93, has been performed, while the second line teaches that
the intentional drinking of Sura can be expiated by death alone.
I would therefore propose, * If a man unintentionally drinks Sura,
he becomes pure only by being initiated again; but (the guilt of
him who drinks it) intentionally, cannot be expiated, it remains as
long as he lives, that is a settled rule.’ The correctness of my
interpretation of the words anirdcryam prawantikam follows from
Gaut. XXI, 7. - Vas. XX, 21 ; Vi. LI, 23-24 ; Baudh. II, i, 22.
XT, 153. PENANCES FOR MINOR OFFENCES. 46 1
- He who has touched spirituous liquor, has
given it away, or received it in accordance with the
rule, or has drunk water left by a 6udra, shall drink
during three days water in which Ku^a-grass has
been boiled. - But when a Brahma^a who has partaken of
Soma-juice, has smelt the odour exhaled by a
drinker of Sura, he becomes pure by thrice sup-
pressing his breath in water, and eating clarified
butter. - (Men of) the three twice-born castes who
have unintentionally swallowed ordure or urine, or
anything that has touched Sura, must be initiated
again. - The tonsure, (wearing) the sacred girdle,
(carrying) a staff, going to beg, and the vows (in-
cumbent on a student), are omitted on the second
initiation of twice-born men. - But he who has eaten the food of men,
whose food must not be eaten, or the leavings of
women and 6udras, or forbidden flesh, shall drink
barley(-gruel) during seven (days and) nights. - ‘According to the rule,’ i.e. ‘pronouncing a benediction
(on the giver)/ (Gov., Kull., Nar., Ragh.), or ‘ at a Sautramam sacri-
fice’ (Nand.). - Gaut. XXIII, 6; Vi. LI, 25.
- Gaut. XXIII, 3 ; Vas. XX, 20 ; Vi. LI, 2 ; Yagn. Ill, 235.
- Vas. XX, 18 ; Baudh. II, 1, 20; Vi. LI, 5. ‘The vows,’
i. e. ‘ serving the fire, avoiding meat, honey and so forth ‘ (Gov.,
Kull., Ragh.), and ‘the Veda-vows’ (Nar.). - Vas. XIV, 33; Vi. LI, 50, 54, 56. See above, IV, 222,
where another penance is prescribed for unknowingly eating food
given by persons whose food must not be eaten. According to
Kull. the two penances may be performed optionally, but accord-
ing to Medh. and Nar. this rule refers to an offence committed
intentionally.
462 LAWS OF MANU. XI, 154.
- A twice-born man who has drunk (fluids
that have turned) sour, or astringent decoctions,
becomes, though (these substances may) not (be
specially) forbidden, impure until they have been
digested. - A twice-born man, who has swallowed the
urine or ordure of a village pig, of a donkey, of a
camel, of a jackal, of a monkey, or of a crow, shall
perform a lunar penance. - He who has eaten dried meat, mushrooms
growing on the ground, or (meat, the nature of)
which is unknown, (or) such as had been kept in a
slaughter-house, shall perform the same penance. - The atonement for partaking of (the meat
of) carnivorous animals, of pigs, of camels, of cocks,
of crows, of donkeys, and of human flesh, is a
Tapta Y^rikkhxz. (penance). - If a twice-born man, who has not returned
- ‘Astringent decoctions,’ i.e. ‘those known to physiciai
are prepared from various herbs ‘ (Medh.). Ragh. and Nam
think that pitvamedhyanyapi stands for pitva amedhyani api, anc
explain amedhya by ■ garlic and the like.’ - Vi. LI, 27, 34. Gov. and Ragh. take a^-natam, ‘ the nature
of which is unknown/ to mean ‘ unintentionally.’ Ragh. takes
bhaumani, ‘ growing on the ground,’ separately, and interprets kava-
kani, ‘ mushrooms,’ by ; mushrooms growing on trees.’ But Medl
says ‘ the word bhaumani is used in order to exclude those growing
in the holes (of trees) from the prohibition,’ while Nar. thinks that
according to another Smrz’ti another penance, the Prasrz’tiyavakE
shall be performed for eating the latter. - Gaut. XXIII, 4-5; Vas. XXIII, 30; Vi. LI, 3-4. Witl
respect to this verse and the preceding one, see also above, V,
19-21, where other penances are prescribed. Kull. and Ragl
think that this rule refers to an offence committed once, while those
given in the fifth chapter apply to a relapse. Regarding the Tapt
Kri&k/im, see below, verse 215. - Vi. LI, 43-44. The commentators state that the ten
XI, i62. PENANCES FOR MINOR OFFENCES. 463
(home from his teacher’s house), eats food, given at
a monthly (6raddha), he shall fast during three days
and pass one day (standing) in water.
- But a student who on any occasion eats
honey or meat, shall perform an ordinary Kri&Mra.
(penance), and afterwards complete his vow (of
studentship). - He who eats what is left by a cat, by a
crow, by a mouse (or rat), by a dog, or by an ich-
neumon, or (food) into which a hair or an insect has
fallen, shall drink (a decoction of) the Brahmasu-
var/£ala (plant). - He who desires to be pure, must not eat for-
bidden food, and must vomit up such as he has
eaten unintentionally, or quickly atone for it by
(various) means of purification. - The various rules respecting penances for
eating forbidden food have been thus declared ;
hear now the law of those penances which remove
the guilt of theft.
masika, ‘a monthly (-SYaddha)/ refers to a so-called Ekoddish/a
-SYaddha. According to Medh., ‘others’ thought that, because a
student is allowed to partake of a -Sraddha by II, 189, the inviter
should perform the penance. According to Medh., the student
shall on the fourth day stand in water ; but according to Gov., Kull.,
on one of the three fast days ; according to Nar., on the first.
- Vi. LI, 45; Vas. XXIII, 12; Yagn. Ill, 282. Instead of
brahma^arr, ‘a student,’ Medh., Gov., Nar., and Nand. read vrata-
£ari, ‘ a man performing a vow,’ and Nar. explains it by ‘ a student,
a hermit, a widow, an ascetic and so forth/ while the other com-
mentators refer the term to a student alone. - Vi. LI, 46; Vas. XXIII, 11. ‘Food into which an insect
or a hair has fallen,’ i. e. c without scattering earth on it ‘ (Gov.,
Kull., Ragh.). Nar. adds during one day. - Gaut. XXIII, 26. ‘ Means of purification/ i. e. ‘ penances ‘
(Medh., Gov., Kull., Ragh.), or ‘purgative decoctions’ (‘others/
Medh., Nar., Nand.). <
464 LAWS OF MANU. XI, 163.
- The chief of the twice-born, having volun-
tarily stolen (valuable) property, grain, or cooked
food, from the house of a caste-fellow, is purified by
performing YLrikkhxz. (penances) during a whole
year. - The lunar penance has been declared to be
the expiation for stealing men and women, and (for
wrongfully appropriating) a field, a house, or the
water of wells and cisterns. - He who has stolen objects of small value
from the house of another man, shall, after restoring
the (stolen article), perform a Sawtapana KrzMAra.
for his purification. - (To swallow) the five products of the cow
(pa^agavya) is the atonement for stealing eatables
of various kinds, a vehicle, a bed, a seat, flowers,
roots, or fruit. - Vi. LII, 5. According to Medh. and Nar. it is meant thj
others stealing the same articles from caste-fellows must perfon
the same penance. Medh., Gov., Kull., Nand., and Nar. think that
the verse gives the extreme limit of the penance, and that under
special circumstances it may be reduced. - Vi. LII, 6. ‘Men and women/ i.e. ‘slaves’ (Medh.
Ragh. mentions a var. lect. taJaganam, ‘or a tank,’ instead of
g-alanam, ‘ of the water.’ Nar. and Ragh. think that the penance is
intended for an offence committed unintentionally. - Vi. LII, 7. ‘Objects of small value,’ i. e. ‘earthen vessels
wooden ones, e.g. a trough, or iron utensils, e. g. a hoe’ (Medh.)
or ‘tin, lead and the like’ (Gov., Kull., Ragh.), or ‘straw and th(
like’ (Nar.). K. omits ‘ after restoring,’ and reads tatpapasya visud-
dhaye, ‘ for the expiation of that sin.’ - Vi. LII, 8. Medh. says that the penance is to last one
day only. Nar. thinks that the Mahasa;?ztapana penance is indicatec
by the mention of the paw^agavya, and that this holds good in the
case of an unintentional offence only. Nand. adds, ‘ With this an<
the following rules the words “after restoring the property” have
still their force;’ so also Kull. on verse 165.
XI, 171. PENANCES FOR MINOR OFFENCES. 465
- Fasting during three (days and) nights shall
be (the penance for stealing) grass, wood, trees, dry
food, molasses, clothes, leather, and meat. - To subsist during twelve days on (uncooked)
grains (is the penance for stealing) gems, pearls,
coral, copper, silver, iron, brass, or stone. - (For stealing) cotton, silk, wool, an animal
with cloven hoofs, or one with uncloven hoofs, a
bird, perfumes, medicinal herbs, or a rope (the
penance is to subsist) during three days (on) milk. - By means of these penances, a twice-born
man may remove the guilt of theft ; but the guilt of
approaching women who ought not to be approached
(agamya),he may expiate by (the following) penances. - He who has had sexual intercourse with
sisters by the same mother, with the wives of a
friend, or of a son, with unmarried maidens, and
with females of the lowest castes, shall perform the
penance, prescribed for the violation of a Guru’s bed.^ - Vi. LII, 9. According to Nar. the rule refers to an unin-
tentional offence. - Vi.LII, 10. According to Medh. the penance maybe shortened
according to the special circumstances of the case. Nar. says, ‘This
refers to cases when the theft is not committed in times of distress.’ - Vi. LII, n. According to Nar. this rule holds good if the
theft is committed in times of distress and very small quantities are
taken. Gov. and Kull. observe on this verse and the preceding
ones, that the apparent inequality of the penances, which are pre-
scribed equally for great and small things, will disappear if special
circumstances, such as the frequency of the offence, time and place,
the character of the owner and so forth, are taken into account. - Gaut. XXIII, 12-13,32; Vas. XX, 15-16; Baudh.11,1,13;
Vi. XXXIV, 2; XXXVI, 7; LIII, 1; Y&gfi. Ill, 233. See also
above, verse 59. According to Medh., Gov., Kull., and Ragh., the
penance to be performed is that mentioned above in verse 106, while
self-immolation is prescribed for repeated intentional offences only.
Nar. speaks of a twelve years’ penance.
[25] H h
466 LAWS OF MANU. XI, 172.
- He who has approached the daughter of his
father’s sister, (who is almost equal to) a sister, (the
daughter) of his mother’s sister, or of his mother’s
full brother, shall perform a lunar penance. - A wise man should not take as his wife any
of these three ; they must not be wedded because
they are (Sapi^a-)relatives, he who marries (one of
them), sinks low.
1 74. A man who has committed a bestial crime,
or an unnatural crime with a female, or has had
intercourse in water, or with a menstruating woman,
shall perform a Sawtapana Krz&Mra.
- A twice-born man who commits an unnatural
offence with a male, or has intercourse with a female
in a cart drawn by oxen, in water, or in the day-time,
shall bathe, dressed in his clothes.
1 76. A Brahma/za who unintentionally approaches
a woman of the Kand&la or of (any other) very low
caste, who eats (the food of such persons) and accepts
- I read with all the commentators and K. in the second line
matu,? ia bhratur aptasya (apta#z £a, Nand.) instead of matiw ka bhratus
tanayam (editions). According to Kull. and Nar. the rule refers to an
offence committed by mistake and, as the former says, once only. - This verse is directed against the custom of the southerners,
mentioned by Baudh. I, 2, 3. ‘ Sinks low/ i. e. ‘ falls into hell or
begets base-born offspring’ (Medh.). Gov. and Kull. adopt the former
explanation, while Nar. says ■ he becomes an outcast.’ - Gaut. XXII, 36; XXIII, 34; Vi. LIII, 4, 7; Yagfi. Ill,
- A bestial crime with a cow is excepted, see Vi. LIII,
Medh. mentions a var. lect, ^ale khe /£a, instead of gale £aiva, whi<
agrees with Vish/m’s text. - Vi. LIII, 4 ; Yagn. Ill, 291. Nar. says that the vei
refers to an unintentional offence. - Vas. XXIII, 41; Baudh. II, 4, 13-14; Vi. LIII, 5-6. <Vei
low caste,’ i. e. ‘ Mle^/^as or barbarians, -Sabaras and so fortl
(Medh., Gov., Kull.), or < Sutas and the like ‘ (Nar.), or ‘ Gavam
XI, t8i. PENANCES FOR MINOR OFFENCES. 467
(presents from them) becomes an outcast ; but (if he
does it) intentionally, he becomes their equal.
- An exceedingly corrupt wife let her husband
confine to one apartment, and compel her to perform
the penance which is prescribed for males in cases
of adultery. - If, being solicited by a man (of) equal
(caste), she (afterwards) is again unfaithful, then a
YLrikkkra. and a lunar penance are prescribed as
the means of purifying her. - The sin which a twice-born man commits
by dallying one night with a VWshali, he removes
in three years, by subsisting on alms and daily
muttering (sacred texts). - The atonement (to be performed) by sinners
(of) four (kinds) even, has been thus declared ; hear
now the penances for those who have intercourse with
outcasts. - He who associates with an outcast, himself
becomes an outcast after a year, not by sacrificing
(i. e. Mahommedans) and the like ‘ (Ragh.). In the first case the
penance for a Patita must be performed ; in the second, no penance
can be prescribed.
- Vas. XXI, 8, 12-13; Vi. LIII, 8. Adultery is an Upapa-
taka according to verse 60, and to be expiated, according to verse
118, by a Govrata or a ^andrayawa, which latter seems to be here
intended. The commentators add that the penance must be lighter
or heavier, according to the caste of the male offender. - I read with Gov., Nar. upamantrita instead of upayantrita
(editions, K., Nand.). Medh. seems to have read anumantrita. - Ap. I, 27, 11 ; Baudh. II, 2, 11 ; Vi. LIII, 9. ‘ A Wzshali,’
i. e. a Kandili (Medh., Kull., Ragh.). But others, mentioned by
Medh., Gov., and Nar., think that a -Sudra female is meant. Nand.
places this verse before verse 178. - Gaut. XXI, 3 ; Vas. I, 22 ; Baudh. II, 2, 35 ; Ys^ra. Ill, 261 ;
Vi. XXXV, 3-5. Gov. and Nar. explain the verse differently, ‘ He
who associates with an outcast by sacrificing for him or by forming
H h 2
468 LAWS OF MANU. XI, 182.
for him, teaching him, or forming a matrimonial
alliance with him, but by using the same carriage
or seat, or by eating with him.
- He who associates with any one of those
outcasts, must perform, in order to atone for (such)
intercourse, the penance prescribed for that (sinner). - The Sapi^as and Samanodakas of an out-
cast must offer (a libation of) water (to him, as if he
were dead), outside (the village), on an inauspicious
day, in the evening and in the presence of the rela-
tives, officiating priests, and teachers. - A female slave shall upset with her foot
a pot filled with water, as if it were for a dead
person ; (his Sapi^as) as well as the Samanodakas
shall be impure for a day and a night ; - But thenceforward it shall be forbidden to
converse with him, to sit with him, to give him
a share of the inheritance, and to hold with him such
intercourse as is usual among men ; - And (if he be the eldest) his right of primo-
geniture shall be withheld and the additional share,
a matrimonial alliance with him, himself becomes an outcast after a
year, but not by using the same carriage or seat or eating with
him/ In the latter case four years are required. The parallel
passage of Vishmi shows, however, clearly what is meant.
- Vi.LIV, 1.
183-186. Gaut. XX, 4-7; Vas. XV, 12-16 ; Baudh. II, 1, 36
Yagri. Ill, 295.
- ‘In the presence of the relatives, &c./ i.e. ‘of those whc
perform the ceremony, not of those of the outcast’ (Medh.). - ‘As if it were for a dead person,’ i.e. ‘ saying, ” This is fc
N. N.”‘ (Medh.), ‘turning to the south’ (Gov., Kull., Nar., Nanc
R£gh.). - I prefer K.’s reading nivarteraws tatas tasmat. According
to Medh. ‘others’ explained dayadya, ‘a share of the inheritance
by ‘ money/ and thought that all sums due to him were to be give
to his heirs.
XI, 192. EXCOMMUNICATION AND RE-ADMISSION. 469
due to the eldest son ; and in his stead a younger
brother, excelling in virtue, shall obtain the share
of the eldest.
- But when he has performed his penance,
they shall bathe with him in a holy pool and throw
down a new pot, filled with water. - But he shall throw that pot into water, enter
his house and perform, as before, all the duties in-
cumbent on a relative. - Let him follow the same rule in the case of
female outcasts ; but clothes, food, and drink shall
be given to them, and they shall live close to the
(family-)house. - Let him not transact any business with un-
purified sinners ; but let him in no way reproach
those who have made atonement. - Let him not dwell together with the mur-
derers of children, with those who have returned
evil for good, and with the slayers of suppliants
for protection or of women, though they may have
been purified according to the sacred law. - Those twice-born men who may not have
been taught the Savitrt (at the time) prescribed by
the rule, he shall cause to perform three Kri&Mra,
(penances) and afterwards initiate them in accord-
ance with the law.
187-188. Gaut XX, 10-14 ; Vas. XV, 17-21 ; Baudh. II, 1, 36 ;
Yagn. Ill, 296.
- Thus Gov., Kull., Ragh., and others quoted by Medh. But
the latter commentator himself refers sa tu, * but he,’ to one of the
relatives, and Nar. seems to agree with him. - Yagn. Ill, 297.
190-191. Vi. LIV, 32-33; Yagn. Ill, 299.
- Ap. I, 1, 23-2, 10; Vas. XI, 76-79; Vi. LIV, 26. Regard-
ing the times of the initiation, see above, II, 38.
470 LAWS OF MANU. XI, 193.
- Let him prescribe the same (expiation) when
twice-born men, who follow forbidden occupations or
have neglected (to learn) the Veda, desire to perform
a penance. - If Brahma/zas acquire property by a repre-
hensible action, they become pure by relinquishing
it, muttering prayers, and (performing) austerities. - By muttering with a concentrated mind the
Savitri three thousand times, (dwelling) for a month
in a cow-house, (and) subsisting on milk, (a man) is
freed from (the guilt of) accepting presents from
a wicked man. - But when he returns from the cow-house,
emaciated with his fast, and reverently salutes,
(the Brahma^as) shall ask him, ‘ Friend, dost thou
desire to become our equal ?’ - If he answers to the Brahma^as, ‘ Forsooth,
(I will not offend again),’ he shall scatter (some) grass
for the cows ; if the cows hallow that place (by eating
the grass) the (Brahma^a) shall re-admit him (into
their community). - Vi. LIV, 27.
- Vi. LIV, 24, 28; Y&gn. Ill, 290. ‘By a reprehensible
action/ i.e. ‘ by receiving presents from wicked men or, according t(
others, by acquiring money in any manner forbidden to him. The
latter extend the rule to other Aryans’ (Medh.). Gov., Kull., anc
Nar. refer the verse to Brahma^as and to their accepting present
from wicked men and similar acts. - Medh. remarks that according to some the offender shal
daily recite the Gayatri three thousand times, according to other
three thousand times in the whole month.
196-197. Y&gn. Ill, 300.
- The beginning of the verse is explained differently by Nar
and Nand. : ‘ If he tells the truth to the Brahma^as, i.e. with respec
to his offence and his penance.’ Medh. takes tirtha in its usue
sense, ‘ a bathing-place,’ and connects it with pratigrahaw kuryid
XI, 201. PENANCES FOR MINOR OFFENCES. 47 1
- He who has sacrificed for Vratyas, or has per-
formed the obsequies of strangers, or a magic sacri-
fice (intended to destroy life) or an Ahina sacrifice,
removes (his guilt) by three KrzkMra. (penances). - A twice-born man who has cast off a sup-
pliant for protection, or has (improperly) divulged
the Veda, atones for his offence, if he subsists
during a year on barley. - He who has been bitten by a dog, a jackal,
or a donkey, by a tame carnivorous animal, by a man,
a horse, a camel, or a (village-)pig, becomes pure by
suppressing his breath (Pra^ayama). - To eat during a month at each sixth meal-
time (only), to recite the Sawhita (of a Veda), and (to
perform) daily the 6akala oblations, are the means
of purifying those excluded from society at repasts
(Apahktya).
- they shall re-admit at the bathing-place.’ Nar. says it means vya-
vaharavartman. The translation follows Gov., Kull., and Ragh.
- Ap. I, 26, 7 ; Vi. LIV, 25 ; Y&gn. Ill, 289. Vratyas, see
above, X, 20. ‘A magic rite (intended to destroy life),’ i. e. ‘a
-Syena sacrifice and the like.’ The Ahina sacrifices are those last-
ing between two and twelve days ; see Weber, Ind. Stud. X, 355.
Medh. thinks that the rule refers to the person who offers the sacri-
fices (ya^amana), while others mentioned by him hold that it applies
to the officiating priests. - Y&gn. Ill, 289. Vedaw viplavya, ‘having (improperly)
divulged the Veda/ i. e. ‘ having taught people who ought not to
be taught’ (Medh., Gov., Kull., Nand.), means according to Nar.
( having improperly interpreted the Veda or perverted its sense by
omitting Anusvaras, Visargas, and the like,’ according to Ragh.
‘ having intentionally forgotten it.’ - Gaut. XXIII, 7 ; Vas. XXIII, 31 ; Vi. LIV, 12 ; Yagii. Ill,
- ‘A tame carnivorous animal,’ i.e. ‘a cat, an ichneumon,
and so forth’ (Medh., Gov., Kull., Ragh.). Nar. reads agramyai^
fgr&myaiA) kravyadbhi//, and gives as an instance ‘ a wolf.’ - Regarding the Apanktyas, elsewhere called Pahktidusha#as,
472 LAWS OF MANU. XI, 202.
- A Brahma/ea who voluntarily rode in a
carriage drawn by camels or by asses, and he
who bathed naked, become pure by suppressing
his breath (Pra/zayama). - He who has relieved the necessities of
nature, being greatly pressed, either without (using)
water or in water, becomes pure by bathing outside
(the village) in his clothes and by touching a cow. - Fasting is the penance for omitting the daily
rites prescribed by the Veda and for neglecting the
special duties of a Snataka. - He who has said ‘ Hum’ to a Brahma^a, or
has addressed one of his betters with ‘ Thou,’ shall
bathe, fast during the remaining part of the day,
and appease (the person offended) by a reverential
salutation. - He who has struck (a Brahma/za) even with
a blade of grass, tied him by the neck with a cloth,
or conquered him in an altercation, shall appease
him by a prostration.
1 defilers of the company/ see above, III, 151 seq. Nar. remarks
that this penance is to be performed by those only for whoi
no other expiation is specially prescribed. The *Sakala-homas
are oblations offered with the eight verses Vag-asaneyi-sazrchita
VIII, 13.
- Vi. LIV, 23; Y&gri. Ill, 291. Medh. and Kull. remark
that he who rides on the back of camels or donkeys has to perform
more than one Pra«ayama. - Vi. LIV, 10. ‘Outside the village/ i.e. ‘in a river or the
like’ (Medh., Gov., Kull., Ragh.). - Vi. LIV, 29; The rules for a Snataka are those given in
the fourth chapter. The daily rites are the Agnihotra and so forth.
The fasting is to last one day (Medh., Kull., Nar.). - Yagn. Ill, 292. ‘ One’s betters ought to be addressed witl
“You”‘ (Medh.). - Y&gn. Ill, 292. See above, IV, 166. Gov. and Nar. say,
‘ a Brahmawa more venerable than himself.’
XI, 212. DESCRIPTION OF PENANCES. 473
- But he who, intending to hurt a Brahma^a,
has threatened (him with a stick and the like) shall
remain in hell during a hundred years ; he who
(actually) struck him, during one thousand years. - As many particles of dust as the blood of
a Brahma/za causes to coagulate, for so many thou-
sand years shall the shedder of that (blood) remain
in hell. - For threatening a Brahma/za, (the offender)
shall perform a Krz&Mra, for striking him an Ati-
krz&Mra., for shedding his blood a Krz&Mra. and an
AtikrtteAraL - For the expiation of offences for which no
atonement has been prescribed, let him fix a pen-
ance after considering (the offender’s) strength and
the (nature of the) offence. - I will (now) describe to you those means,
adopted by the gods, the sages, and the manes,
through which a man may remove his sins. - A twice-born man who performs (the Y^rik-
khx2. penance), revealed by Pra^apati, shall eat
during three days in the morning (only), during
(the next) three days in the evening (only), during
the (following) three days (food given) unasked, and
shall fast during another period of three days.
207-208. See above, IV, 165, 167-169, where slightly different
versions of these verses occur. I read with all the commentators
and K. dvi^anmana^, ‘of a Brahma^a,’ instead of mahitale, ‘on
the ground’ (editions).
- Vi. LIV, 30 ; Y&gn. Ill, 293. Medh. points out that these
offences have already been dealt with above in verses 67 and 125,
and thinks that the penance prescribed in the latter verse may be
performed optionally instead of those mentioned here. - Vi. LIV, 34; Y&gri. Ill, 294.
- Ap.I, 27, 7; Gaut. XXVI, 2-5; Vas. XXI, 20; Baudh. II,
474 LAWS OF MANU. XI, 213.
- (Subsisting on) the urine of cows, cowdung,
milk, sour milk, clarified butter, and a decoction of
Ku^a-grass, and fasting during one (day and) night,
(that is) called a Sa^tapana Krz&Mrd,. - A twice-born man who performs an Ktikrik-
Mra. (penance), must take his food during three
periods of three days in the manner described above,
(but) one mouthful only at each meal, and fast
during the last three days. - A Brahma^a who performs a Taptakr//£/Mra
(penance) must drink hot water, hot milk, hot clari-
fied butter and (inhale) hot air, each during three
days, and bathe once with a concentrated mind. - A fast for twelve days by a man who controls
himself and commits no mistakes, is called a Paraka
KriMkra, which removes all guilt. - If one diminishes (one’s food daily by) one
2, 38 ; IV, 5, 6-7 ; Vi. XLVI, 10; Ya#». Ill, 320. According to
Medh., food which a wife brings unasked is also ‘ food given un-
asked/
- Baudh. IV, 5, 13 ; Vi. XLVI, 19 ; Y&gn. Ill, 313. There
are two ways of performing this penance : Either the penitent may
eat the six substances during one day and fast on the next, or he
may subsist one day on each of the six and fast on the seventh day
(Medh., Gov.). The other commentators give the first explanation
only. - Gaut. XXV, 18-19; Vas. XXIV, 1-2; Baudh. II, 2,40
IV, 5, 8 ; Y&gn. Ill, 320. ‘Above,’ i.e. in verse 213. - Vas. XXI, 18 ; Baudh. II, 2, 37 ; IV, 5, 10 \ Vi. XLVI, 1
Y%w. Ill, 318. - Baudh. IV, 5, 15 ; Vi. XLVI, 18 ; Y&gh. Ill, 221. ‘Com-
mits no mistakes,’ i. e. ‘ with respect to the general rules to
followed during the performance of a KrikkArs.,’ see Vas. XXIV,
(Medh., Nar.).
217-226. Gaut. XXVII; Vas. XXIV, 45~47; XXVII, 21
Baudh. Ill, 8; IV, 5, 17-21; Vi. XLVII; Y&gn. Ill, 324-327-
- The form of the lunar penance described in this verse
XT, 223. DESCRIPTION OF PENANCES. 475
mouthful during the dark (half of the month) and
increases (it in the same manner) during the bright
half, and bathes (daily) at the time of three libations
(morning, noon, and evening), that is called a lunar
penance (A”andraya;za).
- Let him follow throughout the same rule at
the (iTandraya^a, called) yavamadhyama (shaped
like a barley-corn), (but) let him (in that case) begin
the lunar penance, (with a) controlled (mind), on the
first day of the bright half (of the month). - He who performs the lunar penance of as-
cetics, shall eat (during a month) daily at midday
eight mouthfuls, controlling himself and consuming
sacrificial food (only). - If a Brahma^a, with concentrated mind, eats
(during a month daily) four mouthfuls in a morning
and four after sunset, (that is) called the lunar
penance of children. - He who, concentrating his mind, eats during
a month in any way thrice eighty mouthfuls of
sacrificial food, dwells (after death) in the world of
the moon. - The Rudras, likewise the Adityas, the Vasus
and the Maruts, together with the great sages, prac-
tised this (rite) in order to remove all evil. - Burnt oblations, accompanied by (the recita-
tion of) the Mahavyahrztis, must daily be made (by
the so-called pipilikamadhya or ant-shaped one, where the fast or
lean days lie in the middle.
- It will be advisable to read with Medh. and Gov., in the
second line, Saret instead of Saran. Gov. has Saran in the first
line. Nand. reads the last words quite differently, (niyataj) Sandra-
yam .m athaparam.
2:1. ‘In any way/ i. e. ‘ without observing any particular limit as
to the number of mouthfuls to be eaten on each day ‘ (Nar.).
47^ LAWS OF MANU. XI, 224.
the penitent) himself, and he must abstain from in-
juring (sentient creatures), speak the truth, and keep
himself free from anger and from dishonesty.
- Let him bathe three times each day and
thrice each night, dressed in his clothes ; let him on
no account talk to women, vSudras, and outcasts. - Let him pass the time standing (during the
day) and sitting (during the night), or if he is unable
(to do that) let him lie on the (bare) ground ; let him
be chaste and observe the vows (of a student) and
worship his Gurus, the gods, and Brahma/zas. - Let him constantly mutter the Savitrl and
(other) purificatory texts according to his ability ; (let
him) carefully (act thus) on (the occasion of) all
(other) vows (performed) by way of penance. - By these expiations twice-born men must be
purified whose sins are known, but let him purify
those whose sins are not known by (the recitation
of) sacred texts and by (the performance of) burnt
oblations. - Medh. remarks that the penitent may however talk to the
female members of his household, if an occasion requires it. - Vratr syat, ‘observe the vows (of a student),’ i.e. ‘wear
the girdle of Mun^a-grass, a staff and so forth’ (Gov., Kull. Nar.),
means according to Medh. ‘ let him resolve to abstain from thi
which is not forbidden by good men.’ - ‘ Purificatory texts,’ i. e. ‘ the Aghamarsha^a, the Pavamanis
and so forth ; ‘ see Vi. LVI. ‘ (Other) vows/ i. e. ‘ the KrikMras.’ - Vas. XXV, 3. Penances are usually imposed by a parishac
an assembly of learned Brahma^as. In the case of secret sins the
penances shall be settled by the learned in a general way, no” witl
reference to a special case. By this interpretation the commen atoi
get over the difficulty which the reading jodhayet, ‘ let him purify,
offers. But Nar. reads anavishkn’tapapar tu mantrair homaxj-
jodhanai^, ‘ but those whose sins are not known, by sacred text
and burnt oblations, (declared to be) means of purification.’
XI, 235. PENANCES ; THE POWER OF AUSTERITIES. 477
- By confession, by repentance, by austerity,
and by reciting (the Veda) a sinner is freed from guilt,
and in case no other course is possible, by liberality. - In proportion as a man who has done wrong,
himself confesses it, even so far he is freed from guilt,
as a snake from its slough. - In proportion as his heart loathes his evil
deed, even so far is his body freed from that guilt. - He who has committed a sin and has re-
pented, is freed from that sin, but he is purified only
by (the resolution of) ceasing (to sin and thinking)
1 1 will do so no more.’ - Having thus considered in his mind what
results will arise from his deeds after death, let him
always be good in thoughts, speech, and actions. - He who, having either unintentionally or in-
tentionally committed a reprehensible deed, desires
to be freed from (the guilt of) it, must not commit
it a second time. - If his mind be uneasy with respect to any
act, let him repeat the austerities (prescribed as a
penance) for it until they fully satisfy (his con-
science). - All the bliss of gods and men is declared by
the sages to whom the Veda was revealed, to have - Apadi, ‘in case no other course is possible/ i.e. ‘if the
offender is unable to perform penances or to recite Vedic texts.’ - ‘ His body/ i. e. ‘the soul in his body’ (Medh., Gov., Kull.,
Nand.), or ‘the subtle body’ (Nar.). - Instead of naivaw, ‘so no (more)/ Nar. reads nainaA (‘I
will) not sin (any more)/ and K/s reading na.ina.tn points to the
same var. lect. Gov., Nand., and the best MS. of Medh. read naitat
kuryat punar iti, and the translation would then be ‘ but he is puri-
fied (only) by ceasing (to sin), thereby that he does so no more.’ - ‘To have austerity for its root, austerity for its middle, and
478 LAWS OF MANU. XI, 236.
r austerity for its root, austerity for its middle, and
austerity for its end.
- (The pursuit of sacred) knowledge is the
austerity of a Brahma^a, protecting (the people) is
the austerity of a Kshatriya, (the pursuit of) his
daily business is the austerity of a VaLsya, and
service the austerity of a vSudra. - The sages who control themselves and sub-
sist on fruit, roots, and air, survey the three worlds
together with their moving and immovable (crea-
tures) through their austerities alone. - Medicines, good health, learning, and the
various divine stations are attained by austerities
alone ; for austerity is the means of gaining them. - Whatever is hard to be traversed, whatever is
hard to be attained, whatever is hard to be reached,
whatever is hard to be performed, all (this) may be
accomplished by austerities ; for austerity (possesses
a power) which it is difficult to surpass. - Both those who have committed mortal sin
(Mahapataka) and all other offenders are severally
freed from their guilt by means of well-perform e<
austerities. - Insects, snakes, moths, bees, birds and beings,
bereft of motion, reach heaven by the power oi
austerities.
austerity for its end/ i. e. ‘ to be produced, to continue, and to enc
in consequence of austerities performed’ (Medh., Kull., Nar.).
- Medh. explains aushadhani, ‘medicines/ by ‘elixirs.’ Insteac
of agado (Kull., K., Ragh.) Medh., Gov., Nar., and Nand. reac
agada^, and explain it by ‘ medicines’ (Medh., Nand.), ‘ remedies or
charms against poison’ (Gov., Nar.). - Instead of ki/a\f ka, ‘insects/ Nar. reads .rvanaj £a, ‘dogs.
Gov. and Nand. say that the verse refers to the Ki/opakhyana anc
the Kapotakhyana, told in the Itihasas (Mahabharata XII).
XI, 249- PENANCES ; AUSTERITY J SECRET SINS. 4 79
- Whatever sin men commit by thoughts,
words, or deeds, that they speedily burn away by
penance, if they keep penance as their only riches. - The gods accept the offerings of that Brah-
ma/u alone who has purified himself by austerities,
and grant to him all he desires. — - The lord, Pra^apati, created these Institutes
(of the sacred law) by his austerities alone ; the
sages likewise obtained (the revelation of) the Vedas
through their austerities. - The gods, discerning that the holy origin of
this whole (world) is from austerity, have thus pro-
claimed the incomparable power of austerity. - The daily study of the Veda, the performance
of the great sacrifices according to one’s ability, (and)
patience (in suffering) quickly destroy all guilt, even
that caused by mortal sins. - As a fire in one moment consumes with its
bright flame the fuel that has been placed on it,
even so he who knows the Veda destroys all guilt
by the fire of knowledge. - The penances for sins (made public) have
been thus declared according to the law ; learn next
the penances for secret (sins). - Sixteen suppressions of the breath (PraMya-
ma) accompanied by (the recitation of) the Vyahmis - I read with all the commentators and K. at the end of the
verse, udbhavam, instead of uttamam (editions). - Vas. XXVII, 7 ; YSgn. Ill, 311.
- Vas. XXVII, 1-2.
- Kull. and Ragh. state that Gov. omits this verse, while
Medh. gives it. The accessible MS. of Gov., however, shows it,
but without a commentary. Medh. says only that ‘ some’ read it.
Nar. and Nand. omit it. - Vas. XXVI, 4; Vi. LV, 5; Baudh. IV, i, 29. The best
il
480 LAWS OF MANU. XI, 250.
and of the syllable Om, purify, if they are repeated
daily, after a month even the murderer of a learned
Brahma^a.
- Even a drinker of (the spirituous liquor
called) Sura becomes pure, if he mutters the hymn
(seen) by Kutsa, ‘ Removing by thy splendour our
guilt, O Agni,’ &c, (that seen) by Vasish^a, ‘ With
their hymns the Vasish/^as woke the Dawn,’ &c, the
Mahitra (hymn) and (the verses called) 6uddhavatis. - Even he who has stolen gold, instantly be-
comes free from guilt, if he once mutters (the hymn
beginning with the words) ‘ The middlemost brother
of this beautiful, ancient Hotrz-priest’ and the .Siva-
sawkalpa. - The violator of a Gurus bed is freed (from
sin), if he repeatedly recites the Havishpantiya
(hymn), (that beginning) ‘ Neither anxiety nor mis-
fortune,’ (and that beginning) ‘ Thus, verily, thus,’
and mutters the hymn addressed to Purusha. - He who desires to expiate sins great
explanation of the words ‘ accompanied by (the recitation of) tl
Vyahrz’tis and (of) the syllable Om/ is Nar.’s, who asserts that the
indicate the necessity of reciting the G&yatri with the Siras tej
during the performance of each Pra^ayama; see Vas. XXV, 13.
- Vas. XXVI, 5. The hymn seen by Kutsa, i. e. Rig-veda
97; that seen by Vasish/^a, i.e. Rig-veda VII, 80. The Mahit
hymn, i. e. Rig-veda X, 185. The -Suddhavatis, i. e. Rig-veda VII]
84, 7-9. Medh., Gov., Nar., and K. read mahendram for mahi-
tram, and Nar. adds that some give the latter reading. The hymi
are to be recited during a month sixteen times (Gov., Kull., Ragh.)
or 108 times a day (Nar.). - Vas. XXVI, 6. The hymn is found Rig-veda I, 164; tl
Sivasawkalpa, Vag. Samh. XXXIV, 1. ‘Once,’ i.e. ‘once dailj
during a month ‘ (Gov., Kull., Nar.). - Vas. XXVI, 7 ; Yagfi. Ill, 305. The four hymns are Ri|
veda X, 88; X, 126 ; X, 119 ; and X, 90. - The two verses are found Rig-veda I, 24, 14, and VII, 89,
XI, 258. PENANCES FOR SECRET SINS. 48 I
small, must mutter during a year the Rife-verse
‘ May we remove thy anger, O Varu^a,’ &c, or
1 Whatever offence here, O Varu/za,’ &c.
- That man who, having accepted presents
which ought not to be accepted, or having eaten
forbidden food, mutters the Taratsamandiya (Rz’&as),
becomes pure after three days. - But he who has committed many sins, be-
comes pure, if he recites during a month the (four
verses) addressed to Soma and Rudra, and the three
verses (beginning) ‘ Aryaman, Varu;za, and Mitra,’
while he bathes in a river. - A grievous offender shall mutter the seven
verses (beginning with) ‘ Indra,’ for half a year ; but
he who has committed any blamable act in water,
shall subsist during a month on food obtained by
begging. - A twice-born man removes even very great
guilt by offering clarified butter with the sacred texts
belonging to the .Sakala-homas, or by muttering the
Rik9 (beginning) ‘ Adoration.’ - He who is stained by mortal sin, becomes
pure, if, with a concentrated mind, he attends cows
for a year, reciting the Pavamani (hymns) and sub-
sisting on alms. - Gaut. XXIV, 2-3 ; Baudh. IV, 2, 4-5. The verses are
found Rig-veda IX, 58, 1-4. - The verses are found Rig-veda VI, 74, 1-4, and IV, 2,
4-6. - The verses are found Rig-veda I, 106, 1-7.
- The Mantras for the -Sakala-homas, i. e. Va§\ Sawh. VIII,
- The verse is found Rig-veda VI, 51,8. According to Nar.
the Mantras must be muttered 108 times. - The Pavamani hymns, i.e. the ninth Ma«^/ala of the Rig-
veda.
[25] 1 i
.,
482 LAWS OF MANU. XI, 259.
- Or if, pure (in mind and in body), he thrice
repeats the Sawhita of the Veda in a forest, sancti-
fied by three Paraka (penances), he is freed from all
crimes causing loss of caste (pataka). - But if (a man) fasts during three days, bath-
ing thrice a day, and muttering (in the water the
hymn seen by) Aghamarsha^a, he is (likewise) freed
from all sins causing loss of caste. - As the horse-sacrifice, the king of sacrifices,
removes all sin, even so the Aghamarsha/za hymn
effaces all guilt. - A Brahma/za who retains in his memory the
iv?/g-veda is not stained by guilt, though he may have
destroyed these three worlds, though he may eat the
food of anybody. - He who, with a concentrated mind, thrice
recites the i?z/£sawhita, or (that of the) Ya^ur-veda, or
(that of the) Sama-veda together with the secret (texts,
the Upanishads), is completely freed from all sins. - As a clod of earth, falling into a great lake,
is quickly dissolved, even so every sinful act is en-
gulfed in the threefold Veda. - The RikdiS, the Ya^us(-formulas) which differ
(from the former), the manifold Saman(-songs), must - ‘The Sa/rchita,’ i. e. the Mantras and Brahmawas (Kull.,
Ragh.), the former alone (Nar.). ‘Paraka penances,’ see above,
verse 216. The verse seems to refer to the Anajnatparayazza, fully
described by Baudh. Ill, 9.
260-261. Gaut. XXIV, 10-12; Vas.XXVI, 8; Baudh. Ill, 5;
IV, 2, 15 ; Vi. LV, 7 ; Y&gn. Ill, 302. The Aghamarsharca is found
Rig-veda X, 190.
- Vas. XXVII, 3. 263. Baudh. IV, 5, 29.
- I read with Gov., Nand., and K. pr. manu ‘kshipram’ instead
of ‘ kshiptam ‘ (Medh., K. sec. manu, editions). - Medh. and Gov. read adyani, ‘chief,’ instead of anySi
‘ which differ .’ Medh. explains it as ‘ either those found in tl
XII, 4- TRANSMIGRATION. 483
be known (to form) the triple Veda ; he who knows
them, (is called) learned in the Veda.
- The initial triliteral Brahman on which the
threefold (sacred science) is based, is another triple
Veda which must be kept secret ; he who knows that,
(is called) learned in the Veda.
Chapter XII.
- ‘O sinless One, the whole sacred law, (appli-
cable) to the four castes, has been declared by thee ;
communicate to us (now), according to the truth, the
ultimate retribution for (their) deeds.’ - To the great sages (who addressed him thus)
righteous Bhrzgu, sprung from Manu, answered,
- Hear the decision concerning this whole connexion
with actions.’
- Action, which springs from the mind, from
speech, and from the body, produces either good or
evil results ; by action are caused the (various) con-
ditions of men, the highest, the middling, and the
lowest. - Know that the mind is the instigator here
Sawhita, not those read in the Brahmawa or those recited according
to the Samhitapa/^a, not those recited according to the Pada or
KramapaMas.’ Gov. gives the first explanation only.
- K. omits this verse, and inserts in its stead the following lines:
esha vo vadita[‘bhihita]s sarva^ prayaj&ttavimnzaya^ 1
nai/^reyasaw karmavidhim viprasyaitam nibodhata n
ata^ param pravakshyami sa^saravidhim uttamami
Nand. gives the first two lines after verse 266, reading, however,
ityesha(?)bhihita^.
XII. 1. Ragh. takes tattvata^ param separately and explains the
second line as follows : ‘ communicate to us (now) the retribution
for (their) deeds (and) supreme (liberation, which springs) from
(the recognition of) truth.’
- ‘ Of three kinds/ i. e. ‘ good, middling, or bad.’ ‘ Has three
I i 2
484 LAWS OF MANU. XII, 5.
below, even to that (action) which is connected with
the body, (and) which is of three kinds, has three
locations, and falls under ten heads.
- Coveting the property of others, thinking in
one’s heart of what is undesirable, and adherence
to false (doctrines), are the three kinds of (sinful)
mental action. - Abusing (others, speaking) untruth, detracting
from the merits of all men, and talking idly, shall
be the four kinds of (evil) verbal action. - Taking what has not been given, injuring
(creatures) without the sanction of the law, and
holding criminal intercourse with another man’s
wife, are declared to be the three kinds of (wicked)
bodily action. - (A man) obtains (the result of) a good or evil
mental (act) in his mind, (that of) a verbal (act) in
his speech, (that of) a bodily (act) in his body. - In consequence of (many) sinful acts committed
with his body, a man becomes (in the next birth]
something inanimate, in consequence (of sins) corn-
locations,’ i. e. ‘ the mind, speech, and the body.’ ‘ Falls under tei
heads,’ i.e. ‘those mentioned in verses 5-7.’ The mind, which
here called the instigator, is the internal organ, which has the faculty
of sawkalpa, ‘ volition.’ - ‘ Thinking in one’s heart what is undesirable,’ means accord-
ing to Medh. either ‘ thinking of or wishing anything that may
injurious to others or what is forbidden.’ Gov. and Nar. give th<
first explanation, the other commentators the second. Othei
mentioned by Medh. explained vitathabhinivejam, ‘adherence t(
false doctrines’ (i. e. the denial of a future state, of the authority
the Vedas and so Lrth), by ‘ a constant deep hatred/ In thei
remarks on this verse and the next two, the commentators poii
out that the opposites of the acts mentioned are the different kinc
of good actions.
5-9. Y%#. Ill, 131, 134-136.
XII, 13- TRANSMIGRATION. 485
mitted by speech, a bird, or a beast, and in conse-
quence of mental (sins he is re-born in) a low caste.
- That man is called a (true) trida/^in in whose \ r
mind these three, the control over his speech (vag-
da/^a), the control over his thoughts (manoda^^a),
and the control over his body (kayada^da), are firmly^}
fixed. / - That man who keeps this threefold control/
(over himself) with respect to all created beings and\
wholly subdues desire and wrath, thereby assuredly I
gains complete success. - Him who impels this (corporeal) Self to action,
they call the Kshetra^a (the knower of the field) ;
but him who does the acts, the wise name the
Bhutatman (the Self consisting of the elements). - Another internal Self that is generated with
all embodied (Kshetra^7/as) is called 6iva, through
which (the Kshetra^a) becomes sensible of all
pleasure and pain in (successive) births. - Usually an ascetic who wears three staves (da^a) tied to-
gether, is called a trida^in. According to our verse this outward
sign avails nothing. That man only deserves the name tridaw^in
who keeps a threefold control (da#f/a) over himself.
ii.’ Complete success/ i. e. ‘ final liberation.’
- ‘This (corporeal) Self,’ i. e. < the body’ (Medh., Gov., Kull.),
or ‘the gross visible body which includes the three sheaths’ (Ragh.,
Nar.). ‘ The Kshetra^wa (the knower of the field),’ i. e. ‘the indivi-
dual Soul (Giva)/ (Medh. on verse 13, Nar.), the Paramatman
(Nand.); Ragh. quotes, in explanation of the term ‘the field,’
Bhagavadgita XIII, 5-6. ‘ The Bhutatman (the Self consisting of
the elements)/ i. e. ‘ the body which is composed of or a modifica-
tion of the elements, i. e. of earth and so forth’ (Medh., Gov., Kull.,
Ragh.), ‘ the Self which has the form of the non-sentient, the ele-
ments and so forth’ (Nar.), or ‘the G^iva’ (Nand.). - According to Medh. ‘some’ understand by the term £iva
‘the subtile body (linga .rarira) which is overspread by Mahat, the
Great One/ because the individual soul, which is usually called
486 LAWS OF MANU. XII, 14.
- These two, the Great One and the Kshetra^a,
who are closely united with the elements, pervade
him who resides in the multiform created beings.
Giva, has been mentioned in verse 1 2 under the appellation Kshe-
tra^a. He adds that ‘ others’ explain Giva by ‘ the internal organ,
which has the form of mind, intelligence, and egoism.’ The former
view is adopted by Ragh., while Gov., who paraphrases (riva by
mana/2, ‘ the mind,’ and Kull. as well as Nar., who render it by
‘ Mahat,’ ‘ the Great One or intelligence,’ lean towards the second.
Nand. says, ‘ givasMngnak means ” he who fully knows the 6rivas,”
i.e. the omniscient.’ Saha^-a^, ‘that is generated with,’ means
according to Medh. and Gov. ‘ that is associated with until the
period of destruction (pralaya) or until final liberation is obtained.’
- The term mahan, ‘the Great One,’ is referred by Medh.,
Gov., Kull., Nar., Ragh. to the Giva mentioned in the preceding
verse, and hence is explained by each in accordance with the view
expressed on verse 13. Bhutasawprz’ktau, ‘closely united with the
elements’ (Medh., Gov., Kull.), or ‘enveloped by the elements’
(Ragh.), means according to Nar. ‘united with the Bhutatman.’
Sthita/rc taw vyapya tish//^ata^, ‘pervade him who resides,’ i. e. ‘per-
vade ‘ (Gov.), or ‘ rest on ‘ (Kull.), or ‘ conceal through illusion ‘
(Nar.) him, i. e. ‘ the Paramatman, the Supreme Soul ‘ (Gov., Kull.,
Nar.), ‘who resides in all created beings’ (Gov., Nar.) ‘as the wit-
ness’ (Kull., Nar.). Gov. adds ‘or (the expression vyapya tisht/iatah)
” they pervade ” is used because the Supreme Soul pervades every-
thing.’ This latter explanation probably refers to Medh.’s render-
ing, according to which the verse must be translated ‘ Those two,
the Great One and the Knower of the Field, who are closely united,
rest on him who resides in the multiform created beings, pervad-
ing (them).’ Medh. expressly declares that tish^ata^ is to be taken
as a transitive verb (sarvakarmatvaw [sakarmatvaw] tish/^ater ane-
karthatvat). He explains ‘him’ by ‘the Supreme Soul,’ and adds
that the expression ‘ rest on’ is justified, because the Paramatman is
the cause of the whole world, and the product rests on its cause.
Ragh. differs very much, and says, ‘ Those two, the Great One
(i. e. the Intelligence and by implication the subtile body) and the
Knower of the Field, i. e. the individual soul enveloped by the five
elements (and) pervading him who is found in the manifold createe
beings, i. e. the gross bodies, and reside, i. e. there, as the enjoyers.
Nand. finally has the following explanation : ‘ Those two, i. e. the
XII, 17. TRANSMIGRATION. 487
- From his body innumerable forms go forth,
which constantly impel the multiform creatures to
action.
1 6. Another strong body, formed of particles (of
the) five (elements and) destined to suffer the tor-
ments (in hell), is produced after death (in the case)
of wicked men.
1 7. When (the evil-doers) by means of that body
have suffered there the torments imposed by Yama,
(its constituent parts) are united, each according to
its class, with those very elements (from which they
were taken).
individual and the Supreme Soul ; united with the elements, i. e.
residing in the body ; the Great One, i. e. the Supreme Soul and
the Knower of the Field ; in the manifold, i. e. in the gross and in
the subtile ; him who is found, i. e. the field (kshetra), pervading
they reside. The meaning is that the individual soul pervades the
body and the Supreme Soul pervades the individual soul/
- ‘ From his body/ i. e. ‘ from nature or the form of the Supreme
Soul (Paramatman, Medh., Nar.) or from the body of Brahman
which is endowed with the qualities’ (Ragh.), ‘ like waves from the
ocean or sparks from fire, in the manner mentioned in the Vedanta
philosophy’ (Gov., Kull.). ‘Others/ mentioned by Medh., and
Nand. explain the expression by • from the root-evolvent or matter
(prakrz’ti) which is the body of the Supreme Soul.’ Murtaya^,
‘ forms,’ i. e. ‘ Kshetra^£as ‘ (Gov., Kull., Nar.), or ■ souls limited by
subtile bodies’ (Ragh.), or ‘portions which are the causes of the
production of forms’ (Nand.). - Dhruvam, ‘strong,’ i.e. ‘able to withstand the supernatural
torments’ (Medh., Kull., Ragh.). Gov. and Nand. read dridkam. - The translation follows Medh., Gov., and Ragh., with whom
Nar. seems to agree, and it presupposes that the construction of the
verse is ungrammatical. Kull. and Nand., who wish to show that
Manu’s text does not depart from the ordinary rules of grammar,
assume that the subject of both clauses is dushkrz’tino £ivaA, ‘ the
evil-doing souls.’ The former says, ‘ The evil-doing souls that are
subtile, having suffered by means of that produced body those tor-
ments imposed by Yama, are individually dissolved on the disap-
pearance of the gross body, in those very constituent portions of
488 LAWS OF MANU. XII, 18.
- He, having suffered for his faults, which are
produced by attachment to sensual objects, and
which result in misery, approaches, free from stains,
those two mighty ones.
the elements;’ the meaning is, ‘they remain being united with
them/ Nand.’s explanation is more intelligible. According to
him the translation must be as follows : ‘ (The individual souls)
having suffered by means of that body the torments of Yama, are
dissolved (on the termination of their sufferings, as far as that body
is concerned), in those very (five) elements according to the pro-
portion of their works’ (vibhaga^as tatkarmavibhaganurupam). But
it seems to me that these attempts to save the grammatical reputa-
tion of the author are useless.
- The translation follows the reading of Gov. (comm.), Kull.?
Nand., and Ragh., anubhuyasukhod^rkan. Medh., Gov. (text), and
K. read anubhuya sukhodarkan, ‘ (after the expiation) of which hap-
piness is the result’ (Medh.). ‘ He,’ i. e. ‘ the individual soul’ (kshe-
tra^wa, Medh., Gov., Nand.), or ‘the individual soul limited by ‘the
subtile body’ (Kull., Ragh.), refers according to Nar. to ‘the Great
One’ (Mahan). ‘ Those two mighty ones,’ i.e. ‘the Great One and
the Supreme Soul’ (Medh. ‘others,’ Gov., Kull.), are according to
Medh. and Ragh. ‘ the Great One and the Kshetra^na’ (mentioned
verse 14), according to Nar. and Nand. (on verse 19) ‘the Giva.
and the Paramatman or Supreme Soul.’ Medh. adds that undei
his explanation the verse looks as if it were self-contradictory, be-
cause the end to be attained and the attainer are the same, bi
that the distinction is merely figurative. For the expression ‘ ht
approaches’ means ‘he becomes nothing else but that’ [i.e. aftei
the dissolution of the body, assumed in order to suffer the punish-
ments, he remains purely Kshetra^na and Mahan]. His words
are, ata^ kshetra^lam abhyetiti praptaw ta/£ &a. viruddhaw sa evi
prapya[/$] prapaka^ ka. 1 satyam aupa^ariko bhedo ‘bhipreta^
abhyetity ayam artha/^ I etavanmatra^esho bhavati yad uta ksh(
tra^ataya praptadisawghatmakena mahan iti vyapadish/ena pha-
leshu tavanmatra^ parlrishyate I lihga^ivaj ka kshetra^a^ 11 Ragh.
the only other commentator, who occupies himself with the ulteric
meaning of the verse, renders abhyeti, ‘ he approaches,’ by anu-
ga£/£/#ati, ‘ he follows,’ and adds ‘ in order to produce a new bod}
(^arirantararambhaya). He further quotes -S’atapatha-brahmawa XP
7, 2,5, in order to show that according to the Veda the individus
soul, united with the subtile body, makes for itself another body.
XII, 24- TRANSMIGRATION. 489
- Those two together examine without tiring
the merit and the guilt of that (individual soul),
united with which it obtains bliss or misery both
in this world and the next. - If (the soul) chiefly practises virtue and vice
to a small degree, it obtains bliss in heaven, clothed
with those very elements. - But if it chiefly cleaves to vice and to virtue
in a small degree, it suffers, deserted by the elements,
the torments inflicted by Yama. - The individual soul, having endured those
torments of Yama, again enters, free from taint,
those very five elements, each in due proportion. - Let (man), having recognised even by means
of his intellect these transitions of the individual soul
(which depend) on merit and demerit, always fix his
heart on (the acquisition of) merit. - Know Goodness (sattva), Activity (ra^as), and
Darkness (tamas) to be the three qualities of thei - ‘Those two,’ i. e. ‘ the Great One and the Supreme Soul’
(mahatparamatmanau, Gov., Kull.), are according to Medh., who
modifies the explanation given on the preceding verse, the
Mahan and the Paramatman; according to Ragh., the Mahan
and the Kshetrag-^a. Pa^yata^, – examine/ means according to
Ragh. ‘ by their presence cause to be performed.’ ‘ The guilt/
i.e. ‘which remains after the sufferings (in hell/ Kull.). Nand.
explains the first line very differently: ‘Those two (merit and
demerit) watchfully attend him (the Kshetra^a) who is bent on
performing good and evil.’ ‘ United with which/ i. e. ‘ with merit
and guilt’ (Medh., Gov., Kull., Nand.), refers in Ragh.’s opinion to
the Mahan and the Kshetra^la. - ‘ With those very elements/ i. e. ‘ with a gross body consisting
of the before-mentioned five elements/ - ‘ Deserted by the elements/ i. e. ‘ after death’ (Kull, Nar.).
- Medh. and K. read abhyeti for apyeti.
- YSgii. Ill, 182. ‘Of the Self/ i.e. ‘of the Mahat’ (Kull.,
490 LAWS OF MANU. XII, 25.
Self, with which the Great One always completely
pervades all existences.
- When one of these qualities wholly predomi-
nates in a body, then it makes the embodied (soul)
eminently distinguished for that quality. - Goodness is declared (to have the form of)
knowledge, Darkness (of) ignorance, Activity (of)
love and hatred ; such is the nature of these
(three) which is (all-)pervading and clings to every-
thing created.
2 7. When (man) experiences in his soul a (feeling)
full of bliss, a deep calm, as it were, and a pure light,
then let him know (that it is) among those three
(the quality called) Goodness.
- What is mixed with pain and does not give
satisfaction to the soul one may know (to be the
quality of) Activity, which is difficult to conquer,
and which ever draws embodied (souls towards
sensual objects).
Ragh., Nar., NancL), the latter two saying mahattattvasya, ‘ of the
(Sawkhya) principle, called Mahat/ Medh.’s somewhat longer
discussion arrives at the same result.
- ‘In a body,’ i.e. ‘in a subtile body’ (Ragh.). Medh. and
Gov. add to the first clause ‘ in consequence of acts done in a
former life.’ - Kull. takes etat, ‘such,’ in the sense of ‘as follows.’ Nar.
and Nand. take the last line somewhat differently : ‘ The nature of
these three is pervaded by the (three characteristics just mentioned
and) clings to all created beings.’ - ‘A (feeling) full of bliss,’ i. e.’ without any particular cause for
such a sensation’ (Gov.). I take tatra, which Gov. and Kull. explain
by tasmin and construe with atmani, in the sense of teshu, ‘ among
those three.’ Ragh. says tatreti tribhi/^. - Medh. has apratipam, which he explains by apratyaksham,
‘ not perceptible by the senses,’ instead of apratigham, ‘ difficult to
conquer.’
XII, 33- TRANSMIGRATION. 49 1
- What is coupled with delusion, what has the
character of an undiscernible mass, what cannot be
fathomed by reasoning, what cannot be fully known,
one must consider (as the quality of) Darkness. - I will, moreover, fully describe the results
which arise from these three qualities, the excellent
ones, the middling ones, and the lowest. - The study of the Vedas, austerity, (the pur-
suit of) knowledge, purity, control over the organs,
the performance of meritorious acts and meditation
on the Soul, (are) the marks of the quality of
Goodness. - Delighting in undertakings, want of firmness,
commission of sinful acts, and continual indulgence
in sensual pleasures, (are) the marks of the quality
of Activity. - Covetousness, sleepiness, pusillanimity, cruelty,
atheism, leading an evil life, a habit of soliciting
favours, and inattentiveness, are the marks of the
quality of Darkness. - I follow Gov., Kull., Nar., Ragh., and K., who read avyakta-
vishayatmakam instead of avyakta#z vishayatmakam (Nand., edi-
tions). Medh.’s reading is doubtful. ‘ What is coupled with
delusion/ i. e. ‘ where it is impossible to decide if the (thing) is real
or unreal’ (Gov., Kull., Ragh.). Avyaktavishayatmakam, ‘ what has
the character of an undiscernible mass’ (asphu/avishayakarasva-
bhavam, Kull., Ragh.), or ‘ what has the form of an undiscernible
mass and the nature of which is unreal’ (aspash/avishayakarasatsva-
bhavam, Gov.), means according to Nar. ‘ where the mass and the
soul are not luminous’ (apraka^o vishaya atma £a yatra). - The last words of the verse, which have been translated
according to Medh., mean according to Nar. literally ‘(are the
result) of Goodness (and) the marks of (that) quality’ (sattvikazrc
sattva^anyaw guraasya tasyaiva lakshawaw £ihnam). - Adhairyam, ‘want of firmness,’ means according to Nar.
‘ want of a contented disposition.’ - Bhinnavmtita, ‘leading an evil life,’ i.e. ‘omitting to live
49 2 LAWS OF MANU. XII, 34.
- Know, moreover, the following to be a brief
description of the three qualities, each in its order,
as they appear in the three (times, the present, past,
and future). - When a (man), having done, doing, or being
about to do any act, feels ashamed, the learned may
know that all (such acts bear) the mark of the quality
of Darkness. - But, when (a man) desires (to gain) by an act
much fame in this world and feels no sorrow on fail-
ing, know that it (bears the mark of the quality of)
Activity. - But that (bears) the mark of the quality of
Goodness which with his whole (heart) he desires
to know, which he is not ashamed to perform, and
at which his soul rejoices. - The craving after sensual pleasures is declared
to be the mark of Darkness, (the pursuit of) wealth
(the mark) of Activity, (the desire to gain) spiritual
according to the rule of conduct;’ pramada/z, ‘ inattentiveness/
i. e. ‘ to duty.’
- Instead of trishu, ‘in the three (times/ Medh., Gov., Kull.,
Ragh.), Nand. reads nrzshu, ‘ in men.’ Nar., who reads trishu,
explains the words traya#a#z guzzanam, trishu as follows : ‘ of the
three,’ i. e. ‘ of the study of the Veda and so forth ;’ ‘ of the gu?zas,
i. e. ‘ of the three classes of virtues ; ‘ ‘in the three,’ i. e. ‘ in the three
original qualities.’ - Nand. has rikMati instead of iMati. I read with Medh.,
Gov., Kull., Nar., Ragh., and Nand., na ka. sokaXi instead of sa ka.
jo&iti (editions). K. reads naiva. ‘ And feels no sorrow on failing,
i. e. ‘ if on failing to accomplish his undertaking he begins anothe
but does not desist from it out of sorrow, that is the meanin
(Ragh.). - Instead of yat sarve/za (Gov., Kull.), Medh. and K. read ya
sarvewa, and Nand. sarvazzz yene°. ‘ Which with his whole (heart
he desires to know,’ i. e. ‘ the meaning of the Veda and so fort
(Kull., Ragh.).
a//
XII, 44- TRANSMIGRATION. 493
merit the mark of Goodness ; each later (named
quality is) better than the preceding one.
- I will briefly declare in due order what trans-
migrations in this whole (world a man) obtains
through each of these qualities. - Those endowed with Goodness reach the state
of gods, those endowed with Activity the state of
men, and those endowed with Darkness ever sink
to the condition of beasts ; that is the threefold
course of transmigrations. - But know this threefold course of transmigra-
tions that depends on the (three) qualities (to be
again) threefold, low, middling, and high, according
to the particular nature of the acts and of the know-
ledge (of each man). - Immovable (beings), insects, both small and
great, fishes, snakes, and tortoises, cattle and wild
animals, are the lowest conditions to which (the
quality of) Darkness leads. - Elephants, horses, 6udras, and despicable bar-
barians, lions, tigers, and boars (are) the middling
states, caused by (the quality of) Darkness. - A’ara/zas, Supar/zas and hypocrites, Rakshasas
- Yagri. Ill, 137-139.
- ‘Of the knowledge (of each man)/ i. e. ‘if the acts were
committed intentionally or not’ (Medh.). - ‘Immovable (beings)/ i. e. ‘trees and so forth.’ Pajava/$,
‘cattle/ i. e. ‘ cows and so forth’ (Nar.), or ‘dogs and so forth’ (Ragh.).
Instead of saka^AapaA (Gov., Kull., Ragh.), ‘ and tortoises/ Medh.,
Nar., and Nand. read sarisrz’pa/j, ‘ creeping things/ i. e. ‘ scorpions
and the like’ (Nar.). Instead of mr/ga-y /feiva (Gov., Kull., Ragh.),
‘ and wild animals (or deer)/ Medh. and Nand. have jrig&la\r £a,
‘ and jackals.’ - MleWiak, ‘barbarians,’ i. e. ‘ -Sabaras and so forth’ (Nar.).
- JTarawa may denote a caste of men, i. e. ‘ bards, singers,
panders, and the like’ (Medh.), or ‘ rope-dancers’ (Nar.), or ‘ Na/as’
494 LAWS OF MANU. XII, 45.
and Pisa/£as (belong to) the highest (rank of) condi-
tions among those produced by Darkness.
~~45. Dallas, Mallas, Na/as, men who subsist by
despicable occupations and those addicted to
gambling and drinking (form) the lowest (order of)
conditions caused by Activity.
- Kings and Kshatriyas, the domestic priests of
kings, and those who delight in the warfare of dispu-
tations (constitute) the middling (rank of the) states
caused by Activity. - The Gandharvas, the Guhyakas, and the ser-
vants of the gods, likewise the Apsarases, (belong
all to) the highest (rank of) conditions produced by
Activity. - Hermits, ascetics, Brahma^as, the crowds of
the Vaimanika deities, the lunar mansions, and the
Daityas (form) the first (and lowest rank of the)
existences caused by Goodness.
(Gov., Kull.) ; but it may also, with Ragh., be referred to a class of
mythological beings. Supanzas are the bird-deities, mentioned
above, I, 37.
- Dallas, Mallas, i.e. ‘those mentioned above, X, 22 (Kull.,
Nar.), who are fencers with sticks or wrestlers and jesters’ (Medh.,
Kull.). Na/as, i. e. ‘ those exhibiting themselves on the stage ‘
(rahgavataraka^, Medh., Kull.). I read with Medh., Gov., Nar., and
Nand. purushaj ka. kuvn’ttaya^, ‘men who subsist by despicable
occupations/ instead of purusha^ jastravrz’ttaya^, ‘ men living by
the trade of arms’ (Kull., editions). - With respect to the low estimation in which domestic priests
are held, see the verse quoted PaiUatantra II, 63 (Bombay edition).
Nand. reads danayuddhapradhanaj ka., ‘very liberal men, and those
delighting in strife.’ - Guhyakas, i.e. ‘evil spirits who hurt children;’ Yakshas,
i.e. ‘the guardians of treasures’ (Nar.). Both are demigods, ser-
vants of Kubera. ‘ The servants of the gods,’ i. e. ‘ Vidyadharas
and so forth.’ - Medh. mentions an opinion, held by ‘ others,’ according to
XII, 5i. TRANSMIGRATION. 495
- Sacrificers, the sages, the gods, the Vedas, the
heavenly lights, the years, the manes, and the Sa-
dhyas (constitute) the second order of existences,
caused by Goodness. - The sages declare Brahma, the creators of
the universe, the law, the Great One, and the Un-
discernible One (to constitute) the highest order of
\ beings produced by Goodness.
- Thus (the result) of the threefold action, the
whole system of transmigrations which (consists) of
three classes, (each) with three subdivisions, and
which includes all created beings, has been fully
pointed out.
which the Yatis, ‘ ascetics/ are a people living on mount Meru.
‘ The Vaimanika deities/ i. e. ‘ those who move in mid-air with
their palatial chariots, called vimanas.’ Instead of Daitya^, Nar.
mentions as a var. lect. Siddha^.
- ‘The Vedas/ i.e. ‘sounds placed in a certain sequence’
(Medh.), or ‘ the guardian deities or personifications of the Vedas,
such as are described in the Itihasas as belonging to the court of
Brahman’ (Medh. ‘ others/ Gov., Kull., Nar., Ragh.). With respect
to the next two terms the commentators vacillate whether the things
mentioned or their regents (adhish/Mtri devata) are intended. - Brahma, i. e. ‘ Hirawyagarbha ‘ (Gov., Kull., Ragh.). ‘ The
creators of the universe/ i.e. ‘ MarUi and the rest;’ see above, I,
35 ; ‘ the law/ i. e. ‘ either the meaning of the Veda or the incarnate
law’ (Medh.); according to the other commentators, the latter
only. ‘ The Great One/ i. e. ‘ the deity presiding over the principle
(of the Sawkhya philosophy) called the Great One (or Intellect/
Gov., Kull., Ragh.) ; ‘ the Undiscernible One,’ i. e. ‘ the deity presiding
over the root- evolvent or chief cause of the Sawkhya philosophy’
(Gov., Kull., Ragh.). Medh., who discusses and rejects these explana-
tions of the last two terms, holds that they refer to the Supreme Soul
(paramatman). Nar. explains ‘ the Undiscernible ‘ by ‘ egoism.’ Medh.,
Gov., and K. read avyakta eva kz. instead of avyaktam eva kz.. - Medh. and K. read esha dharma^, ‘Thus the law with
respect to the threefold action, &c.’ Nand. places verse 81 imme-
diately after this.
496 LAWS OF MANU. XII, 52.
- In consequence of attachment to (the objects
of) the senses, and in consequence of the non-per-
formance of their duties, fools, the lowest of men,
reach the vilest births. - What wombs this individual soul enters in
this world and in consequence of what actions, learn
the particulars of that at large and in due order. - Those who committed mortal sins (mahapa-
taka), having passed during large numbers of years
through dreadful hells, obtain, after the expiration
of (that term of punishment), the following births. - The slayer of a Brahma^a enters the womb of
a dog, a pig, an ass, a camel, a cow, a goat, a sheep,
a deer, a bird, a Aa^ala, and a Pukkasa. - A Brahma^a who drinks (the spirituous liquor
called) Sura shall enter (the bodies) of small and
large insects, of moths, of birds, feeding on ordure,
and of destructive beasts. - A Brahma/za who steals (the gold of a Brah-
ma/za shall pass) a thousand times (through the
bodies) of spiders, snakes and lizards, of aquatic
animals and of destructive Pii-a^as. - The violator of a Gurus bed (enters) a hun-
dred times (the forms) of grasses, shrubs, and creepers,
likewise of carnivorous (animals) and of (beasts) with
fangs and of those doing cruel deeds. - Y^gn. Ill, 219. ‘Fools,’ i.e. ‘those who do not perform
penances’ (Gov., Kull.). - Y&gn. Ill, 207. Nand. reads Pulkasa, Medh. and Go)
PuMkasa with a (jrihvamuliya which looks like sh. - Y&gn. Ill, 207.
- Ybgn. Ill, 208. ‘Aquatic animals,’ i.e. ‘crocodiles and sc
forth’ (Gov.). Gov. explains luta, ‘ spider,’ by ‘scorpion.’ K. omit
this verse. - Y&gri. Ill, 208. The commentators explain ‘ carnivorous
XII, 63. TRANSMIGRATION. 497
- Men who delight in doing hurt (become) car-
nivorous (animals) ; those who eat forbidden food,
worms ; thieves, creatures consuming their own kind ;
those who have intercourse with women of the lowest/
castes, Pretas. - He who has associated with outcasts, he who
has approached the wives of other men, and he who
has stolen the property of a Brahma/za become
Brahmarakshasas. - A man who out of greed has stolen gems,
pearls or coral, or any of the many other kinds of
precious things, is born among the goldsmiths. - For stealing grain (a man) becomes a rat, for
stealing yellow metal a Hawsa, for stealing water
a Plava, for stealing honey a stinging insect, for
stealing milk a crow, for stealing condiments a dog,
for stealing clarified butter an ichneumon ; - For stealing meat a vulture, for stealing fat a
cormorant, for stealing oil a winged animal (of the
(animals)’ by ‘ vultures and the like/ ‘(beasts) with fangs’ by ‘lions
or tigers and the like.’ ‘Those doing cruel deeds’ are, according
to Gov., ‘men such as -Sabaras;’ according to Kull.,’ animals such
as tigers/
- ‘ Creatures consuming their own kind,’ i. e. ‘ fish and the
like.’ Nand. places verse 60 before verse 59. - Ya^Ta. Ill, 212. ‘A Brahmarakshasa,’ lit. ‘a Biahmawical
Rakshasa,’ is an evil spirit. K. omits this verse. - Y&gfi. III, 213. According to another explanation, which
Medh. considers the only admissible one, and which the other
commentators mention as an alternative, hemakartrz’, ‘ a goldsmith,’
is the name of a bird. - Y&gn. Ill, 214, 215; Vi. XLIV, 15-20. Rasam, ‘condi-
ments,’ i. e. the juice of sugar-cane, &c. (Kull.), means according
to Nar. ‘ quicksilver.’ - Yagri. Ill, 211, 215 ; Vi. XLIV, 21-25. I rea^ with Medh ,
Gov., and Nand., vasam, ‘ fat,’ instead of vapam (Kull., editions) ;
[25] K k
498 LAWS OF MANU. XII, 64.
kind called) Tailapaka, for stealing salt a cricket, for
stealing sour milk a bird (of the kind called) Balaka.
- For stealing silk a partridge, for stealing linen
a frog, for stealing cotton-cloth a crane, for stealing
a cow an iguana, for stealing molasses a flying-fox ; - For stealing fine perfumes a musk-rat, for
stealing vegetables consisting of leaves a peacock,
for stealing cooked food of various kinds a porcu-
pine, for stealing uncooked food a hedgehog. - For stealing fire he becomes a heron, for
stealing householdmtensils a mason-wasp, for steal-
ing dyed clothes a francolin-partridge ; - For stealing a deer or an elephant a wolf, for
stealing a horse a tiger, for stealing fruit and roots
a monkey, for stealing a woman a bear, for stealing
water a black-white cuckoo, for stealing vehicles a
camel, for stealing cattle a he-goat. - That man who has forcibly taken away any
kind of property belonging to another, or who has
eaten sacrificial food (of) which (no portion) had been
offered, inevitably becomes an animal.
which latter word Nar. also gives, but explains by meda^. The
Tailapaka is probably the cockroach. .Sfirivaka, ‘ a cricket/ may
also mean ‘ a cicada.’ Nand. reads iTakravaka, ‘ a Brahmam
duck.’
- Y&gri. Ill, 215; Vi. XLIV, 25-30. Regarding Vaggud
‘the flying-fox,’ see note on Gaut. XVII, 34. Ragh. confirms th
explanation given there, as he says that it is a bird flying at nigh
Medh. and Nand. seem to have had a different reading at th
end of the verse. The MSS. of the former have kraim/£o godh
mawsashu valguti^ (?), and that of the latter godha gavyaw dad
jallam (?). - Y%™. Ill, 213; Vi. XLIV, 31-34.
- Y$g*L III, 214-215 ; Vi. XLIV, 35-37.
- Ytyft. Ill, 214; Vi. XLIV, 38-43.
- Yagtf.IIJ, 217; Vi. XLIV, 44.
1
XII, 72. TRANSMIGRATION. 499
- Women, also, who in like manner have com-
mitted a theft, shall incur guilt ; they will become the
females of those same creatures (which have been
enumerated above). - But (men of the four) castes who have relin-
quished without the pressure of necessity their proper
occupations, will become the servants of Dasyus,
after migrating into despicable bodies. - A Brahma^a who has fallen off from his
duty (becomes) an Ulkamukha Preta, who feeds
on what has been vomited ; and a Kshatriya, a
Ka/aputana (Preta), who eats impure substances
and corpses. - A VaLrya who has fallen off from his duty
becomes a Maitraksha^yotika Preta, who feeds on-
pus ; and a 6udra, a A^ailcLsaka (Preta, who feeds on\
moths). ) - Vi. XLIV, 45. ‘In like manner,’ i.e. ‘intentionally’ (Gov.,
Kull.). - I follow Medh., Gov., Nar., Nand., Ragh., and K., who read
dasyushu instead of ^atrushu, ‘ of their enemies ‘ (editions). Gov.
explains dasyushu by .ratrushu, and the same explanation is given by
Kull.; while according to Medh., ‘thieves and robbers’ are meant;
and according to Nar., ‘forest-tribes, such as -Sabaras/ Nand. reads
pretatam (MS. prenatam) for preshyatam, and explains it by ‘will
become PLslUas among the Dasyus.’ His reading looks like a
correction made on account of the next verses. - Ulkamukha, i. e. ‘ with flaming mouth’ (Medh.). Medh. pre-
fers Ku/aputana, ‘ with a stinking. nose,’ to Ka/aputana (Kull., Nar.,
Ragh., Nand., K.). Gov. reads Ka/^aputana. - Maitraksha^yotika is, according to Medh., Kull., and R&gh.,
to be explained as a kind of Preta who has a light in or sees with the
anus. Medh. gives another explanation, according to which it
simply means ‘ a Preta,’ and adds that ‘ others ‘ explain it by ‘ an
owl.’ ^aila^aka, ‘ a (Preta) who feeds on moths ‘ (Gov.), means
according to Kull., ‘who feeds on body-lice.’ ^elaj-aka is the
reading of Gov., Nar., and Nand.
K k 2
500
LAWS OF MANU.
XII, 73-
rf
- In proportion as sensual men indulge in
sensual pleasures, in that same proportion their
taste for them grows. - By repeating their sinful acts those men of
small understanding suffer pain here (below) in
various births ; - (The torture of) being tossed about in dreadful
hells, Tamisra and the rest, (that of) the Forest with
sword-leaved trees and the like, and (that of) being
bound and mangled ; - And various torments, the (pain of) being
devoured by ravens and owls, the heat of scorching
sand, and the (torture of) being boiled in jars, which
is hard to bear ;
J 7. And births in the wombs (of) despicable
(beings) which cause constant misery, and afflictions
from cold and heat and terrors of various kinds,
- The (pain of) repeatedly lying in various
wombs and agonizing births, imprisonment in fetter
hard to bear, and the misery of being enslaved b
others, - And separations from their relatives and dear
ones, and the (pain of) dwelling together with the
wicked, (labour in) gaining wealth and its loss,
(trouble in) making friends and (the appearance of
enemies, - Old age against which there is no remedy, th
-;
- I follow Medh. and Gov., who explain ku^alata, literally
1 cleverness’ (Kull., Ragh.), by ekarasibhava/^.
75-76. See above, IV, 88-89 ; Yagfi. Ill, 206, 221-225.
- Medh. reads karambhavalukas tapta^, and explains karai
bha^ by karmada^ (kardama^ ?), ‘ heated mud and sand (?) ‘. Tl
translation follows Kull.’s and Ragh.’s notes. Medh., Gov., Rag!
Nand., and K. read sudu^sahan, ‘very hard to bear,’ which hi
been given above, instead of daruwan, ‘terrible’ (Kull., editions).
XII, 86. SUPREME BLISS. 5OI
pangs of diseases, afflictions of many various kinds,
and (finally) unconquerable death. U
Si. But with whatever disposition of mind (a man)
performs any act, he reaps its result in a (future)
body endowed with the same quality.
- All the results, proceeding from actions, have
been thus pointed out ; learn (next) those acts which
secure supreme bliss to a Brahma^a. fo* - Studying the Veda, (practising) austerities, (the V\
acquisition of true) knowledge, the subjugation of
the organs, abstention from doing injury, and serving
the Guru are the best means for attaining supreme
bliss. tsT
- (If you ask) whether among all these virtuous /
actions, (performed) here below, (there be) one which /
has been declared more efficacious (than the rest) for
securing supreme happiness to man, - (The answer is that) the knowledge of the
Soul is stated to be the jr>pst exrHl^nt arn^ng nil ^f
them ; for that is the first of all sciences, because
immortality is gained through that. - Among those six (kinds of) actions (enumer-
- E.g. if while a man performs an act his disposition is
sattvika, or ‘ chiefly penetrated by the quality of Goodness/ he will
reap its reward in a body produced chiefly by that quality, e. g. that
of a god. - Yagn. Ill, 190.
- Medh. omits this verse.
- Y&gn. I, 199. ‘ The knowledge of the Soul/ i. e. not that of
the Kshetra^a, but that of the Supreme Soul, which is taught in
the Upanishads (Medh., Gov., Kull., Nand.), means according to
Nar., ‘meditation’ (dhyanam). Nand. asserts that the genitive
sarvesham, ‘among all/ stands in the sense of the ablative. Ac-
cording to him the translation should be, ‘ is more excellent than
all those.’ - Medh. takes the genitive sha«/zam, ‘among those six/ in the
11
502 LAWS OF MANU. XII, 87.
\ ated above, the performance of) the acts taught in
the Veda must ever be held to be most efficacious
for ensuring happiness in this world and the next.
&j. For in the performance of the acts prescribed
by the Veda all those (others) are fully comprised,
(each) in its turn in the several rules for the rites.
- The acts prescribed by the Veda are of two
kinds, such as procure an increase of happiness and
\/
sense of an ablative, and according to him the translation would
be, ‘ The acts taught in the Veda must ever be held to be more
efficacious for ensuring happiness in this world and in the next
than all those six (kinds of) actions (enumerated above).’ He
proposes two explanations for karma vaidikam. ‘ The acts taught
in the Veda’ may either be ‘the *Srauta rites, such as the Gyo-
tish/oma,’ or ‘ those called further on, in verses 88-89, nivritta,’ i. e.
■ rites performed as a matter of duty, without a desire for rewards.’
Nand. accepts the first explanation, and so does Gov., who, how-
ever, takes the genitive in its usual sense, ‘ among those six/ Nar.
adopts Medh.’s second explanation, and says, ‘ acts, taught in th(
Veda,’ i. e. ‘ sacrifices and so forth, performed without the intentioi
of (gaining) rewards,’ and construes the genitives like Gov. The
same construction is adopted by Kull., who explains karma vaidi-
kam by ‘ the knowledge of the Supreme Soul.’ Medh.’s secom
explanation seems to be the best, on account of verses 89 and 9c
where ‘ knowledge,’ i. e. ‘ the knowledge of the Supreme Soul’ (set
verse 85) and the performance of the nivrz’ttam karma are said t<
effect final liberation. The explanation of the genitives shaw^ai
etesham by ‘ among those six’ may perhaps be defended, ii
vaidikaw karma is taken to correspond to vedabhyasa/^, ‘ studying
the Veda (and obeying its rules)/ in verse 83. But Medh.’s ex-
planation of the construction is quite possible.
- Kull. alters his explanation of vaidikam karma slightly, ant
interprets it by ‘the worship of the Supreme Soul’ (paramatmopa-
sana), and quotes Brz’hadara^yaka-upanishad IV, 4, 22 in suppoi
of his view. The other commentators find no difficulty in showing
that both ‘ the -Srauta sacrifices ‘ and ‘ the nivn’ttakhyaw karrra
include all the six points mentioned above, verse 83. I read in tl
first line with K. hi instead of tu (Medh., Gov., Kull., Nand.). - Kull. again changes his explanation of the expression ‘ act
XIT, 91. SUPREME BLISS. 503
. . .
cause a continuation (of mundane existence, pra-
vn’tta), and such as ensure supreme bliss and cause
a cessation (of mundane existence, nivrztta).
- Acts which secure (the fulfilment of) wishes in
this world or in the next are called pravrztta (such
as cause a continuation of mundane existence) ; but
acts performed without any desire (for a reward),
preceded by (the acquisition) of (true) knowledge, are
declared to be nivrz’tta (such as cause the cessation
of mundane existence). ^ - He who sedulously performs acts leading to |
future births (pravrztta) becomes equal to the gods ;
but he who is intent on the performance of those
causing the cessation (of existence, nivrztta) indeed,
passes beyond (the reach of) the five elements. - He who sacrifices to the Self (alone), equally
recognising the Self in all created beings and all
created beings in the Self, becomes (independent like)
an autocrat and self-luminous.
taught in the Veda,’ and takes it to mean ‘ sacrifices like the Gyo-
tish/oma and the worship of images.’
- Medh. explains ^anapurvam, ‘ preceded by (the acquisition
of true) knowledge,’ to mean ‘ whereof knowledge is the chief (part,’
^anam adyaw mukhyazra yasya). - Kull. remarks that the expression ‘becomes equal to the
gods’ gives only an instance of the rewards attainable by kamyani
karmam. ‘ Passes beyond (the reach of) the five elements,’ i. e. ‘ casts
off the subtile body’ (Nar.), or ‘obtains final liberation’ (Medh.,
Gov., Kull.). - lya-upanishad, 6. ‘He who sacrifices to the Self (alone),’
i. e. ‘ who connects himself with the nature of one who consists of
all deities, i. e. thinks, ” Not Agni, nor Aditya is the deity, I am here
the deity”‘ (atmanam eva sarvadevatamayatvena yo^ayate 1 manyate
nastir [nagnir] adityo va devata 1 aham iha -£a devata mati [ihaiva
devata iti?], Medh., similarly Gov. and Nar.), means according to
Kull., Ragh., and Nand., ‘ he who performs the (ryotish/oma and
the like (sacrifices) in the manner of the Brahmarpa;za,’ i. e. in such
504 LAWS OF MANU. XII, 92.
- After giving up even the above-mentioned
sacrificial rites, a Brahma/za should exert himself in
(acquiring) the knowledge of the Soul, in extinguish-
ing his passions, and in studying the Veda. - For that secures the attainment of the object
of existence, especially in the case of a Brahma;za,
because by attaining that, not otherwise, a twice-
born man has gained all his ends. - The Veda is the eternal eye of the manes,
gods, and men ; the Veda-ordinance (is) both beyond
the sphere of (human) power, and beyond the sphere
of (human) comprehension ; that is a certain fact.
a manner that he understands Brahman to be the object of the
worship, and makes over the merit to Brahman. The participial
clause means, according to Medh. and Gov., thinking ‘ I am con-
tained in the whole creation, both the movable and the immovable ‘
(vyavasthita^, Gov.), or ‘ I am, as it were, the whole world ‘ (aham
ivaita^g-agat, Medh.) and ‘all created beings are contained in me’
(mayy avasthitani, Gov., mayi sthitani, Medh.). Kull, Ragh., and
Nand. (who reads sampa^yan) explain it on pure Vedanta prin-
ciples. The sacrificer is to recognise his identity with the Supreme
Soul, and that through this identity he is one with all created
beings, and that all created beings are one with him. The double
rendering of the term svaragyam is based on the double meaning
of the verb rag, ‘ to rule ‘ and ‘ to shine.’ Medh. alone points it
out. Kull. gives the second meaning alone, and takes the phrase
a little differently : ‘ attains the state of the self-luminous (Brah-
man)/ Gov., Nar., and Nand. give Medh.’s first meaning only.
- • Above-mentioned/ i.e. ‘ as securing supreme bliss’ (Nand.),
or ‘the Agnihotra and the rest’ (Medh., Gov., Kull.). The last
three commentators point out that this verse is not intended to
authorise an irregular discontinuance of the daily rites. - Nand. omits this verse. Kritakrz’tya^, ‘ has gained all his
ends’ (Medh.), is taken by Gov. in its other sense, ‘has done all he
ought to do ‘ (kr/takaramya^). - Instead of ajakyam, ‘ beyond (the sphere of human) power,’
i. e. ‘ which cannot have been produced by men’ (Gov., Kull.), Nar.
and Nand. read atarkyam, ‘ beyond (the sphere of human) reason-
ing’ (tarkewanyatMsambhavam, Nar. ; idrz’sam ity adhyavasatum
XII, 98. SUPREME BLISS. 505
- All those traditions (smrzti) and all those
despicable systems of philosophy, which are not
based on the Veda, produce no reward after death ;
for they are declared to be founded on Darkness. - All those (doctrines), differing from the (Veda),
which spring up and (soon) perish, are worthless and
false, because they are of modern date. - The four castes, the three worlds, the four
orders, the past, the present, and the future are all
severally known by means of the Veda. - Sound, touch, colour, taste, and fifthly smell
are known through the Veda alone, (their) production
(is) through the (Vedic rites, which in this respect
are) secondary acts.
a^akyam apaurusheyatvat, Nand.). Aprameyam, ‘beyond (the
sphere of human) comprehension/ may, according to the com-
mentators, mean either that the Veda can never be fully known, on
account of the number of its branches and of the depth of its
meaning, or that it cannot be understood by human reasoning alone,
but requires the help of grammar of the Mimawsa and so forth.
- As an example of false traditions Medh. names ‘rules such
as ” Heavenly bliss is attained by worshipping ATaityas,” which
occur in the *Sbbha and other Siddhantas of the Nirgranthas
(Digambara Gainas).’ ‘ Despicable systems of philosophy/ e. g.
- that of the Aarvakas ‘ (KulL). Pretya, ‘ after death ‘ (paraloke, Gov.,
Kull.), means according to Medh. prakarsham prapya, ‘ after attaining
eminence.’ Medh. mentions the explanation adopted above as that
of ‘ others/ and adds that it requires the reading prete.
- Nar. and Ragh. explain prasidhyati, ‘are made known/ by
^■ayate, ‘are produced.’ Gov. and Kull. point to III, 76. - I read with all the commentators prasidhyanti instead of prasu-
yante (Indian editions). The last words of the verse are extremely
doubtful. Medh. reads prasutir guraakarmata^, and Gov. seems to
have adopted the same version, though the text of the Puwa MS. has
prabhutagu/zakarmata/*. Kull. and Ragh. give prasutiguwakarmata^ ;
Nand. prasutiguwakarmabhi^, and Nar. prasutigu;/adharmata/$, with
which reading a var. lect , mentioned by Medh., prasuteguwadhar-
mata^ may have originally agreed. In concluding his note on the
506 LAWS OF MANU. XII, 99.
- The eternal lore of the Veda upholds all
created beings ; hence I hold that to be supreme,
verse Medh. remarks that many other varr. lectt. exist which he
omits, because they are useless (vai&tryapa/Mntaram nishprayo^a-
natvan na likhyante). The explanations differ still more than the
readings. The translation follows Medh.’s interpretation. Accord-
ing to him the verse means that ‘ sound and the rest are known to
be enjoyable and means of obtaining pleasure through the Veda, as
they are perceived in the form of melodies and so forth at the per-
formance of Vedic rites,’ but that ‘ the Veda is not their material
cause, the Vedic rites being secondary actions only with respect
to their production’ (^abdadinam bhogyatvena sukhasadhananaw
vedad eva prasiddhi/2 l vaidikakarmanush/^anad gitaduabdopa-
patti/^ . . . . na punar veda upadanakara/zam …. etad aha prasutir
gUTzakarmata^ l prasuti^ jabdadinam utpatti^ l tadarthara guwa-
karma phalarthatvat pradhanakarme [ma] ka. /£itradishu gwzadharma
[karme] ty uktam). Gov.’s short note in substance agrees with
this view (ye svargadiviprata [shaya] upabhogyatvenabhimata^ jab-
dadayo vishayas te ‘bhimatavishayopabhogotpattyarthaw yad upa-
karakatfz karmagnihotradikaw tadanush/Mnadvare^a vedad eva
prasidhyanti). According to Kull. the meaning of the compound
is, ‘ through the Vedic rites, (originating from) the (three) qualities
(Goodness and so forth, which are) the sources (of sound and so
forth).’ Ragh. gives two explanations : ‘(The elements which are the
substrata of) sound, touch, colour, taste, and fifthly (of) smell, are
known through the Veda according to their origin, their qualities, and
their actions.’ Afterwards he gives for the last word an alternative
version which closely agrees with Kull.’s view. Nand. says, ‘ Sound
and so forth, together with their sources, i. e. ether and so forth,
with their qualities, i. e. their manifold subdivisions, e. g. the sha^a
(note), and so forth, and with their actions, i. e. attracting the organs
of sensation and so forth, are known from the Veda alone.’ Nar.
finally interprets his reading as follows : ‘ (Sound and so forth) are
produced from the Veda alone, which is characterised — the affix
tasi has the meaning of the third and other cases — by the following,
(viz.) the origin, i. e. the cause of production, quality, i. e. excessive-
ness and so forth, property, i. e. fragrance and so forth ‘ (prasuti/
g-anmahetu/; I gu#a utka/atvadi 1 dharma^ surabhitvadi/2 J tr/tiyadi
tasiA 1 etair upalakshitad vedat prasidhyanti ^ayante).
- In explanation of the first line the commentators point to
XII, 103. SUPREME BLISS. 507
which is the means of (securing happiness to) these
creatures.
- Command of armies, royal authority, the
office of a judge, and sovereignty over the whole
world he (only) deserves who knows the Veda-
science.
10 1. As a fire that has gained strength consumes
even trees full of sap, even so he who knows the
Veda burns out the taint of his soul which arises
from (evil) acts.
- In whatever order (a man) who knows the
true meaning of the Veda-science may dwell, he
becomes even while abiding in this world, fit for
the union with Brahman. - (Even forgetful) students of the (sacred)
books are more distinguished than the ignorant,
those who remember them surpass the (forgetful)
students, those who possess a knowledge (of the
meaning) are more distinguished than those who
III, 76, and the corresponding Vedic passages. Gov. and Kull.
explain asya ^anto^, ‘ of these creatures,’ by ‘ of men entitled to
perform Vedic rites.’ Nar. takes the second line differently :
‘ Through that, i. e. the Veda alone, I know that highest, i. e.
meditation, which is the means, i. e. the means of securing final
liberation to these creatures’ (yad asya^anto^ sadhanam apavarga-
sadhanam I paraw dhyanaw dhyeyadi I tad etasmad vedad eva
manye g&ne).
- Medh. places this verse later. The order in which the
remaining verses of the Sa#zhita are read in the MSS. differs very
much from that adopted by the other commentators. They stand
as follows: 106, 107, 108, 100, 101, 102, 103, 104, 105, 109, no,
in, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122; next
both the text and the commentary of 91, 92, 93 are repeated, and
then comes the last verse, 126.
1 01. Vas. XXVII, 2.
- Agfiebhyak, ‘ than the ignorant,’ i. e. ‘entirely ignorant’
1
508 LAWS OF MANU. XII, 104.
(only) remember (the words), men who follow (the
teaching of the texts) surpass those who (merely)
know (their meaning).
- Austerity and sacred learning are the best
means by which a Brahma/za secures supreme bliss ;
fyy austerities he destroys guilt, by sacred learning
he obtains the cessation of (births and) deaths. - The three (kinds of evidence), perception,
inference, and the (sacred) Institutes which comprise
the tradition (of) many (schools), must be fully un-
derstood by him who desires perfect correctness
with respect to the sacred law. - He alone, and no other man, knows the
sacred law, who explores the (utterances) of the
sages and the body of the laws, by (modes of) rea-
soning, not repugnant to the Veda-lore.
(Medh., Nar.), ‘ who have not studied the Veda’ (Nand.), means
according to Gov. and Kull., ‘those who have learned a little.’
Granthina^, ‘(forgetful) students’ (Kull., Nand.), means according
to Medh. and Gov., ‘ students who learn the texts alone, but do
not take very great trouble with them ; ‘ according to Nar., ‘ men who
know the text only.’ Dhari«a^, ‘those who remember (the texts)’
(Kull., Nand.), are according to Medh. and Gov., ‘ men who are
very persevering in studying;’ according to Nar., ‘those who know
the meaning of the texts.’ Nar. takes £?1anin, ‘ he who knows (the
meaning of the texts),’ in the sense of ‘ he who knows the Soul or
Self.’
- Yagn. I, 200.
- -Sastram, ‘ the (sacred) Institutes,’ i. e. ‘ the Veda, which has
many -Sakhas’ (Gov., Nar.), or ‘ the Veda and the Smrz’ti’ (Medh.),
or ‘ the Smmi’ (Kull.). Nand. reads siddhim, ‘ a complete know-
ledge or accurate performance,’ instead of juddhim. The Pu«a
copy of Nar. stops wkh this verse, the remaining leaves being lost. - ‘ The utterances of the sages,’ i. e. ‘ the Veda.’ ‘ The body
of the laws,’ i. e. ‘the Smmi.’ ‘ The modes of reasoning’ are, accord-
ing to Medh. and Kull., the Mimarasa of Gaimini ; according to
‘others’ quoted by Medh., all the philosophical schools, excepting
XII, log. DOUBTFUL POINTS OF LAW. 509
- Thus the acts which secure supreme bliss
have been exactly and fully described ; (now) the
secret portion of these Institutes, proclaimed by
Manu, will be taught. - If it be asked how it should be with respect
to (points of) the law which have not been (specially)
mentioned, (the answer is), ‘that which Brahma^as
(who are) 6*ish/as propound, shall doubtlessly have
legal (force)/ - Those Brahma/zas must be considered as
vSish/as who, in accordance with the sacred law, have
studied the Veda together with its appendages, and
are able to adduce proofs perceptible by the senses
from the revealed texts.
those which, like the Bauddhas, Nirgranthas, and Lokayatikas, deny
the authority of the Vedas.
108-115. Ap. II, 29, 13-14; Gaut. XXVIII, 48-51 ; Vas. Ill,
20; Baudh. I, 1, 5-13, 16 ; Yagn. I, 9-10.
- ‘In accordance with the sacred law,’ i. e. ‘ while observing
the rules prescribed for a student.’ The expression jrutipratya-
kshahetava/^, ‘who are able to adduce proofs perceptible by
the senses from the revealed texts,’ is variously interpreted.
According to Medh. it means either ‘those who possess the re-
vealed texts, (proof through) perception and argument’ (.miti-
pratyakshe hetuj ka, jrutipratyakshahetava^), or ‘ those for whom
the revealed texts which are perceptible by the senses, are
the reason for distinguishing between virtue and sin’ (athava
sruteh pratyakshamite^ I pratyaksha^abda^ jraute pratyaye pratya-
kshatulyatvat prayukta^ I sa ka hetur dharmadharmapari^wane
kavanam yeshaw ta evam u^yante) ; according to Gov., ‘ who are
the cause of the teaching of the subjects perceptible in the Veda*
(vedago^arapadarthopadejakarawabhuta^) ; according to Kull., ‘who
are the causes of making the revealed texts perceptible, by reciting
the revealed texts;’ and according to Nand., ‘those for whose
knowledge and exposition of the law hearing and perception by
means of the senses are the causes’ (yesha#z ^ravawam pratyaksha^
ka dharma^anava^anayor hetus te). ‘ The appendages/ i. e. ‘ the
Itihasas and Pura/zas’ (Medh. according to the Mahabharata,
5IO LAWS OF MANU. XII, no.
no. Whatever an assembly, consisting either of
at least ten, or of at least three persons who follow
their prescribed occupations, declares to be law, the
legal (force of) that one must not dispute.
in. Three persons who each know one of the
three principal Vedas, a logician, a Mima^saka, one
who knows the Nirukta, one who recites (the Insti-
tutes of) the sacred law, and three men belonging
to the first three orders shall constitute a (legal)
assembly, consisting of at least ten members.
- One who knows the ^zg-veda, one who knows
the Ya^ur-veda, and one who knows the Sama-veda,
shall be known (to form) an assembly consisting of
at least three members (and competent) to decide
doubtful points of law. - Even that which one Brahma/za versed in
the Veda declares to be law, must be considered (to
have) supreme legal (force, but) not that which is
proclaimed by myriads of ignorant men. - Even if thousands of Brahma/zas, who have
Nand.), or ‘ the Ahgas, Mimawsa, the law-books, the Purawas, and
so forth’ (Gov., Kull.).
no. Medh. and Gov. read viiarayet instead of vi/fcalayet (Kull.,
Nand.).
in. ‘ Three men belonging to the first three orders,’ i. e. ‘ a stu-
dent, a householder, and a hermit’ (Gov., Kull., Nand.). Medh.
says that some think ‘a student, a householder, and an ascetic’ to
be meant, because the hermit must not enter a village, and because
Gautama, in the enumeration of the castes, places the ascetic before
the hermit, while others refer the words to Manu’s first three orders.
The reading traividyo, which all the commentaries give, is probably
incorrect. It ought to be traividyam, tisrinam vidyanaw samahara/5 ;
see Yagfi. I, 9, and compare ^aturvidyam, &iturvaidyam, Baudh.
I, 1, 1, 8, and Vas. Ill, 20.
- Avratanam, ‘ who have not fulfilled their sacred duties,’ i. e.
‘ who have not fulfilled the vows incumbent on a student ‘ (Gov.,
Kull.).
XIT, n8. THE KNOWLEDGE OF THE ATMAN. 5 1 I
not fulfilled their sacred duties, are unacquainted
with the Veda, and subsist only by the name of their
caste, meet, they cannot (form) an assembly (for set-
tling the sacred law).
- The sin of him whom dunces, incarnations
of Darkness, and unacquainted with the law, instruct
(in his duty), falls, increased a hundredfold, on those
who propound it. - All that which is most efficacious for secur-
ing supreme bliss has been thus declared to you ; a
Brahma^a who does not fall off from that obtains
the most excellent state.
1 1 7. Thus did that worshipful deity disclose to
me, through a desire of benefiting mankind, this
whole most excellent secret of the sacred law.
1 1 8. Let (every Brahma^a), concentrating his mind, )
fully recognise in the Self all things, both the real/
and the unreal, for he who recognises the universe
in the Self, does not give his heart to unrighteous-
ness.
- Nand. gives yad for yam, instead of tamobhuta^, ‘incarna-
tions of Darkness/ the reading of the Dharma-sutras, tamomu^a^,
1 perplexed by Darkness or ignorance/ - Sampa.?yet, ‘ let (every Brahma^a) fully recognise,’ i. e. ‘ let
him clearly realise in his mind’ (sakshatkuryat, Medh., Kull.),
through devotional exercises (upasana, Medh.), or through deep
meditation (Kull.), or ‘ let him vow to be solely intent on that one
object of knowledge, to the exclusion of the knowledge of all other
knowable objects’ (g^eyantaravishayanirakarawena tadeka^weyanish-
/Mm anubruyat, Medh.). Atmani, ‘ in the Self/ i. e. ‘ in the Supreme
Self (Kull., Nand.), or ‘ in his own individual Self (Gov.). Medh.
remarks that ‘the learned dispute regarding the meaning of the
term atman, and that besides the two explanations already given a
third was proposed by some, according to which it meant ‘the
corporeal Self.’ Medh. himself considers the first explanation to be
the correct one. Sadasat, ‘ the real and the unreal,’ i. e. either ‘ the
I.
512 LAWS OF MANU. XII, 119. ■
- The Self alone is the multitude of the gods,
the universe rests on the Self; for the Self pro-
duces the connexion of these . embodied (spirits)
with actions. - Let him meditate on the ether as identical
with the cavities (of the body), on the wind as iden-
; tical with the organs of motions and of touch, on the
most excellent light as the same with his digestive
organs and his sight, on water as the same with the
(corporeal) fluids, on the earth as the same with
the solid parts (of his body) ;
- On the moon as one with the internal organ,
on the quarters of the horizon as one with his sense
of hearing, on Vishnu as one with his (power of)
1 motion, on Hara as the same with his strength, on
Agni (Fire) as identical with his speech, on Mitra- —
as identical with his excretions, and on Pra^apati as
one with his organ of generation.
- Let him know the supreme Male (Purusha, to
be) the sovereign ruler of them all, smaller even than
small, bright like gold, and perceptible by the intellect
(only when) in (a state of) sleep(-like abstraction). - Some call him Agni (Fire), others Manu, th<
products and the causes,’ or ‘ the intelligent and the non-intelligent ‘
(Nand.), means according to Gov., ‘ that which possesses a shape oi
certain proportions and its opposite ‘ (murtam pr/thivyadi ya/£M-
murtam aka^adi). Medh. proposes two other explanations, 1. ‘that
which is both existent and non-existent, i. e. comes into existence
and perishes;’ 2. ‘that which like the hare’s horn is non-existent,
and that which like ether is eternal.’ The word samahita^, ‘ concen-
trating himself,’ may have, as Medh. thinks, a technical meaning, an(
refer to the Samadhi, mentioned in the Yoga and Vedanta systems.
- In this verse Gov., too, explains atma by paramatma.
- Medh. explains snehe, ‘on the (corporeal) fluids,’ by ‘ 01
the viscous substances,’ e. g. ‘ the brain and so forth.’
I
[25] L 1
XII, 126. THE KNOWLEDGE OF THE ATMAN. 5 13
Lord of creatures, others Indra, others the vital air,
and again others eternal Brahman. . — v
- He pervades all created beings in the five
forms, and constantly makes them, by means of birth,
growth and decay, revolve like the wheels (of a /
chariot). - He who thus recognises the Self through the
Self in all created beings, becomes equal(-minded) j
towards all, and enters the highest state, Brahman. - A twice-born man who recites these Insti-
tutes, revealed by Manu, will be always virtuous
in conduct, and will reach whatever condition he
desires. - The five forms are the five great elements, which produce
all bodies (Gov., Kull., Nand.). - Instead of param padam, ‘the highest state,’ Nand. reads
sanatanam, ‘the eternal (Brahman)/
The laws of Manu