n V^X m^-m^-'ym S28 Broadna)' fm^ ^s ,'■'.' .^T . ■ '*■ -^ "•' ■'. .■ - ■ ' ""*-'\T '.'- • , ■"'v"i-v " J. ^ J ii'-^'.^ ■;'.■<.:• ,,vv oi ** ®I»f *>'¥«/ ^„„f -^''^^ ^ PRINCETON, N. J. ^' S/ie//. Jl BL 1010 .S3 V.25 Manu. The laws of Manu A ♦ • *■■■■ '■ • , -f.l>* ''■-"C'A ^ ;- a-: ,:• .-^•'. ■.* m Kl': ■ '"0^' k r. m ■'■'■yrp.'^ j ;• - , . . 4< v.* ■S-< •■ ' te: ■»• .'.i'- 4 THE SACRED BOOKS OF THE EAST [25I HENRY FROWDE Oxford University Press Warehouse Amen Corner, E.G. THE SACRED BOOKS OF THE EAST TRANSLATED BY VARIOUS ORIENTAL SCHOLARS AXD EDITED BV F. MAX MULLER VOL. XXV AT THE CLARENDON PRESS 1886 [j4!/ rights reserved "[ THE LAWS OF MANU TRANSLATED WITH EXTRACTS FROM SEVEN COMMENTARIES BY / G. BUHLER AT THE CLARENDON PRESS 1886 [ All rights reserved ] CONTENTS. INTRODUCTION. I. The origin of the Manu-smr/ti according to the Hindus . The Manu-smr/ti based on a Dharma-sfitra of the Manavas II. The Manava Dh. S. converted into a metrical Smr/ti by a special school of lawyers The Manava Dh. S. chosen for conversion on account of the myths current regarding Manu . Old and new parts of the work The sources of the additions made by the editor of the metrical version The position of Bhr/gu's Sa^/^hita among the various metrical recensions ,...•• The probable date of Bhr/gu's Sa/^hita III. The commentaries of Manu and principles of translation PAGE xi XVlll xlv Ivi Ixvi Ixxiv xcii cvi c.xviii THE LAWS OF ]MANU. The Creation . . . - . - . . » Summary of Contents 26 Sources of the Law . 29 Sacraments . . . ■ ^ 33 Initiation .... 37 Studentship 43 Householder 74 Marriage .... ... - . .75 Vlll CONTENTS. PAGE Daily Riles 87 ^laddhas .... 91 Mode of Subsistence 129 Rules for a Snataka 131 Veda- Study .... • 143 Rules for a Snataka 149 Lawful and Forbidden Food . 169 Impurity 177 Purification .... 187 Duties of Women .... 195 Hermits in the Forest 199 Ascetics ...... 205 The King .... 216 Civil and Criminal Law : — Titles of 253 Judicial Procedure . 254 Recovery of Debts . 262 Witnesses .... 264 Weights of Gold, &c. 277 Recovery of Debts . 278 Deposits 286 Sale without Ownership . 289 Concerns among Partners 291 Subtraction of Gifts 292 Non-payment of Wages . • 293 Non-performance of Agreement 293 Rescission of Sale and Purchase 294 Masters and Herdsmen . ■ 295 Disputes concerning Boundaries 298 Defamation .... • 301 Assault and Hurt . • 303 Theft 306 Violence (Sahasa) • 3M Adultery ■ 315 CONTENTS. IX PAGE Miscellaneous Rules .... 321 Duties of Husband and Wife . 327 Inheritance and Partition 345 Gambling and Betting .... 380 Miscellaneous Rules , . . • . 382 Times of Distress : — ,-^ Mixed Castes • 401 Occupations and Livelihood . . 419 Gifts . 430 Sacrifices ..•••• 432 Necessity of Penances . . . • . 439 Classification of Crimes . . . • 441 Penances . 445 Transmigration • 483 Supreme Bliss 502 Doubtful Points of Law . 508 Conclusion 511 Appendix : — Quotations from Manu in the translated Law-Books 515 Synopsis of Parallel Passages 533 Index ^ ^ Additions and Corrections ^^3 Transhteration of Oriental Alphabets adopted for the Translations of the Sacred Books of the East 617 INTRODUCTION. I. Difficult as the historical problems are which the Dharma-sutras translated in vols, ii and xiv of this Series offer, they are infinitely less complicated than those con- nected with the metrical law-books and especially with the Manu-smrzti, or, to speak more exactly, with Bhrzgu's version of the Institutes of the Sacred Law proclaimed by Manu. Though mostly the materials available for the inquiry into the history of the Dharma-sutras are scanty, and in part at least belong to the floating traditions which are generally current among the learned, but of uncertain origin, they not only exhibit no extravagancies, but agree fully with the facts known from strictly historical sources. Moreover, and this is the most important point, though the text of the Dharma-sutras has not always been preserved with perfect purity, they have evidently retained their original character. They do not pretend to be any- thing more than the compositions of ordinary mortals, based on the teaching of the Vedas, on the decisions of those who are acquainted with the law, and on the customs of virtuous Aryas. In some cases their authors say as much in plain words. Thus Apastamba repeatedly laments the sinfulness and the weakness of ' the men of later times,' and Gautama warns against an imitation of the irregular conduct of the ancients whose great 'lustre' preserved them from falling. It is, further, still possible to recognise, even, on a superficial examination, for what purpose the Dharma- sutras were originally composed. Nobody can doubt for a moment that they are manuals written by the teachers of the Vedic schools for the guidance of their pupils, that at first they were held to be authoritative in restricted circles, and that they were later only acknowledged as sources of XU LAWS OF MANU. the sacred law applicable to all Aryas. This fact is fully- acknowledged by the Hindu tradition, even in cases where the Dharma-sutras no longer are the property of particular Vedic schools. The metrical Smrztis, on the other hand, are surrounded by clearly fictitious traditions, by mythological legends which either may have grown up spontaneously, because the real origin had been forgotten, or may have been fabricated intentionally in order to show that these works possess divine authority and, hence, have a claim to implicit obedience on the part of all Aryas. Nay, what is more, such legends or portions of them have been introduced into the text, and obscure the real character of the "' Smritls. These peculiarities are particularly marked in the Mdnava Dharmai-astra, where the whole first chapter is devoted to the purpose of showing the mighty scope of the t book, and of setting forth its divine origin as well as the manner in which it was revealed to mankind. Its opening verses narrate how the great sages approached Manu, the descendant of self-existent Brahman, and asked him to ex- plain the sacred law. Manu agrees to their request, and gives to them an account of the creation as well as of his own origin from Brahman. After mentioning that he learnt 'these Institutes of the Sacred Law' from the creator who himself produced them, and that he taught them to the ten sages whom he created in the beginning, he transfers the work of expounding them to Bhrigu, one of his ten mind- born~~sohs. The latter begins his task by completing, as thecornmentators call it, Manu's account of the creation. First he gives the theory of the seven Manvantaras, the Yugas, and other divisions of time, as well as an incidental description of the order of the creation. Next he briefly describes the duties of the four principal castes, passes then to an encomium of the Brahmawas and of the Institutes of Manu, and winds up with an enumeration of the contents of all the twelve chapters of the work, which he promises to expound ' exactly as it was revealed to him.' In the following chapters we find frequent allusions to the situation which the first describes. In about forty passages a new INTRODUCTION. XIU topic is introduced by a prefatory verse which contains phrases hke ' such and such a matter has been explained to you, now Hsten to/ &c., or ' I will next declare/ &c. Twice (V, 1-3 and XII, 1-2) the sages are represented as interrupting Bhrz'gu's discourse and expressing their desire to be instructed on particular points, and on both occasions Bhr/gu is again named as the narrator. More- over in a number of verses^ Manu is particularly mentioned as the author of certain rules, and II, 7 the authoritative- ness of Manu's teaching is emphatically asserted, ' because he was omniscient/ In two other passages Manu appears, however, in different characters. VII, 42 he is enume- rated among the kings who gained sovereignty by their humility^ and XII, 123 he is identified with the supreme Brahman. This account of the origin of our Manu-smrz'ti would have to be slightly modified by those who accept as genuine the verse^ which stands at the beginning of the Smr/ti accord- ing to the commentators Govindara^a, Nar^yawa, and R^gha- v^nanda, as well as according to the Ka^mir copy and other MSS. As this verse contains an invocation of the self- existent Brahman, and a promise to explain the laws which Manu taught, it indicates, as Govindari^a says^, that 'some pupil of Bhr/gu recites the work which had descended to him through an unbroken line of teachers.' According to this version we have, therefore, a triple exordium instead of a double one, and our Manu-smrz'ti does not contain the original words of Bhrz'gu, but a recension of his recension such as it had been handed down among his pupils. The additional verse is apparently intended to make the story more plausible. The remarks which the commentators make on this narrative are scanty, and, though they are meant to sup- port its credibility, they are, partly at least, calculated to discredit it. Medhitithi states in his remarks on Manu I, i, that the Pra^apati Manu was 'a particular individual, perfect * See the index s. v. Manu. ^ See note on Manu I, i. XIV LAWS OF MANU. in the study of many branches of the Veda, in the know- ledge (of its meaning) and in the performance (of its precepts), and known through the sacred tradition which has been handed down in regular succession^.' Govinda- ra^a closely agrees, and says that Manu is ' a great sage, who received his name on account of his acquaintance with the meaning of the whole Veda, who is known to all learned men through the tradition handed down in regular suc- cession, and who is entrusted with causing the creation, preservation, and destruction (of the world) ^.' Kulluka, on the other hand, though he agrees with respect to the ety- mology and explanation of Manu's name, deriving it from man, ' to know (the meaning of the Veda),' and though he admits the human character of his vSastra, somewhat differs in the description of the person. Referring to XII, 123, he declares Manu to be a manifestation or incarnation of the supreme Soul. Further, Medhdtithi and Kulluka adduce in their remarks on the same verse various passages from the 5ruti and the Smr/ti, tending to prove the authoritative- ness of the Manu-smrzti. Both quote slightly varying ver- sions of the famous Vedic passage which declares that ' All Manu said is medicine.' Medhatithi adds only one more anonymous verse, to the effect that ' the Vedas were pro- claimed by the great sages, but the Smarta or traditional lore by Manu^.' Kulluka gives two other passages, one from the Bn'haspati-smr/ti which places Manu's vSastra at the head of all works of the same class, and another from the Mahabharata w^hich declares that ' the Pura;/as, Manu's laws, the Vedas, and the medical works must not be op- posed by (adverse) reasoning.' Both commentators men- tion also that the pre-eminence of Manu's teaching is admitted in other passages of the Vedas, the Purdwas, the INTRODUCTION. XV Itihasas, and the Smrztis. Finally, in the notes on Manu I, 58, they discuss the question, how the Smr/ti can be called the Manava Dharmaj-dstra, though, as is admitted in the work itself, Brahman was its real author. Medhitithi offers two explanations. First he contends that Brahman produced only 'the multitude of injunctions and prohibi- tions,' while the work itself was composed by Manu. Next he says that, according to others, the vSastra may be called Manu's, even if it were first composed by Brahman. In proof of this assertion he points to the analogous case of the river Ganges, which, though originating elsewhere, i.e. in heaven, is called Haimavati, because it is first seen in the Himavat or Himalaya, and to that of the Ka///aka vSakha, which, though studied and taught by many others^ is named after Ka///a. In conclusion, he adds, ' Narada also records, " This work, consisting of one hundred thousand verses, was composed by Pra^apati (Brahman) ; it was successively abridged by Manu and others^."' Kulluka, who gives a somewhat insufficient abstract of Medhatithi's discussion, refers to the same passage of NArada, and bases on it his own explanation of I, 58, according to which it means that Brahman first composed the law-book, and that Manu con- densed its contents in his own language and taught it in that form to his pupils. This is, as far as I know, all that the commentaries say about Manu and the history of the Manava Dharmaj-astra, and their remarks contain also the substance of all that has been brought forward in other discussions on the same subject, with which we meet elsewhere ^. Important as they may appear to a Hindu who views the question of the origin of the Manu-sm77'ti with the eye of faith, they are of little value for the historical student who stands outside the circle of the Brahmanical doctrines. The statements resfardine the person of Manu can, at the best, only furnish materials ^ See e. g. the passages translated in Professor Max Miiller's Ancient Sanskrit Literature, pp. 87-94. XVI LAWS OF MANU. for mythological research. The arguments in support of the authenticity and authoritativeness of the Manu-sm^-Zti are extremely weak. For the Vedic passage which the commentators adduce is, strictly speaking, a misquotation. It occurs in four slightly differing versions in three Sa;/2hitas and in one Brahma;/a ^. But in all the four places it refers, in the first instance, to Vedic Mantras which Manu is said to have revealed or seen. As, however, the assertion of the wholesomeness of Manu's teaching is couched in general terms, it may probably be inferred that many sayings, attributed to the father of mankind, were known to the authors of the four Vedic works, and it is not improbable that legal maxims were included amongst them^. But Medhatithi's and Kulluka's assumption that our Manu-smr/ti is meant in the passages quoted would require very strong special proof, as its language and part of its doctrines by no means agree with those of the Vedic times. Of course, no such proof is offered, and it is not probable that it ever will be offered. The quotations made by the commentators from the Mahabharata and from the Br/haspati-smr/ti, as well as their well-founded assertion that in the Purawas and in many Smrz'tis Manu is frequently referred to as an authority on the sacred law, are of greater importance. It is undoubtedly true that the two works mentioned by KuUuka refer to a particular Dharmai-astra attributed to Manu, and the same remark holds good with respect to those passages of the Pura;/as and of the Smr/tis where, in enumerations of the authors of Dharmai-astras, Manu is placed at the head of the list. Yet even this evidence is of little use, because on the one hand the antiquity of many of the works in which Manu's name occurs is extremely doubtful, and on the other hand the existence of several recensions of Manu's laws is admitted, and can be shown to have been a fact. Hence a reference to a Manu-smr/ti in a * Kanaka XI, 5 (apparently quoted by Medhatithi); Maitrayamya Sawhita I, I, 5 ; Taittiriya Sawhita II, 2, 10, 2 ; and Tandya. Brahma«a XXIII, 16, 7 (quoted by KuUuka). ^ I would not infer with Professor Max Miiller, India, what can it teach us ? p. 364, that a legal work ascribed to a Manu was kno\\'n to the authors of the four works ; see also below, p. Ix. INTRODUCTION. XVll Purawa or a Smr/ti does not prove much for Bhr/gu's Saw/hita, if, at the same time, it is not made evident that the latter is really meant, and that the work in which it is contained really has a claim to be considered ancient. In illustration of this point it may suffice to remark here j^ that the Brzliaspati-smr/ti, which KuUuka adduces as a ■ witness, is by no means an ancient work, but considerably later than the beginning of our era, because it gives a defini- tion of golden dinaras, an Indian coin struck in imitation of and called after the Roman denarii ^. Regarding Manu and the Mahabharata more will be said below. Medhatithi's quotation from Narada is very unlucky ; for it is inexact, and worded in such a manner as to veil the serious dis- crepancy which exists between the stones told in the Manava Dharma.fastra and in the Narada-smr/ti. The introduction to the latter, as read in the MSS. of the vulgata, does not state that the original law-book of one hundred thousand verses was composed by Pra^apati and abridged by Manu and others, but alleges that its author was Manu Pra^apati, and that Narada and Sumati the son of Bhrz'gu summarised it^. The text of Narada, which is accompanied by Kalya;^abha//a's edition of Asa- haya's commentary, names one more sage, Markawi^eya, who also tried his hand at Manu Pra^apati's enormous work. Whichever of the two versions may be the original one, it is evident that Medhatithi's representation of Narada's statement is inexact, and that the latter differs considerably from the story in our Manu-smr/ti, which asserts that it is the original work composed by Brahman, and revealed by Manu to Bhrz'gu, who explains it to the great sages ' exactly as he received it.' Hence Narada's story discredits the details of the account given in the Manava Dharma^-astra. It might, at the best, be only quoted to prove the existence of the general belief that Manu was the first lawgiver of India. These remarks will ^ West and Buhler, Digest, p. 48, third edition. ^ See Jolly, Narada, p. 2, and Tagore Lectures of 1883, p. 46. My conjec- ture that the introduction to Narada belongs to Asahaya, not to the Smr/ti itself (West and Buhler, Digest, p. 49), is not tenable. [25] b XVIU LAWS OF MANU. suffice to show that the explanatory notes offered by the Indian commentators on the origin and history of the Manu-smr/ti are not suited to furnish a basis for a critical discussion of these questions, and that hence they have been deservedly set aside by most modern Sanskritists who have written on the subject. As regards the theories of the latter, it would be useless to enumerate those preceding Professor Max Miiller's now generally accepted view, according to which our Manu-smr/ti is based on, or is in fact I a recast of an ancient Dharma-sutra. But, well known as are his hypotheses and the later discoveries confirming them, an introduction to the laws of Manu would, I think, be incom- plete without a full restatement of his arguments and of their additional supports furnished by others. The considerations on which Professor Max Miiller based his explanation of the origin of the Manu-smr/ti may be briefly stated as follows ^. The systematic cultivation of the sacred sciences of the Brihmans began and for a long time had its centre in the ancient Sutra/^arawas, the schools which first collected the fragmentary doctrines, scattered in the older Vedic works, and arranged them for the con- venience of oral instruction in Sutras or strings of aphorisms. To the subjects which these schools chiefly cultivated, be- longs besides the ritual, grammar, phonetics, and the other so-called Aiigas of the Veda, the sacred law also. The latter includes not only the precepts for the moral duties of all Aryas, but also the special rules regarding the conduct of kings and the administration of justice. The Sutra treatises on law thus cover the whole range of topics, contained in the metrical Smrztis attributed to Manu, Ya^/Tavalkya, and other sages. Though only one Dharma-sutra, that of the A, Apastambiyas, actually remains connected with the aphor- isms on the ritual and other sacred subjects, the existence of the Dharmarastras of Gautama, Vasish///a, and Vish«u, which are likewise composed in Sutras, proves' that formerly * See his letter to Mr. Morley, reprinted in Sacred Books of the East, vol. ii, pp. ix-xi, and Hist. Anc. Sansk. Lit. pp. 132-134. Compare also the ana- logous views formed independently by Professors Weber and Stenzler, Indische Studien, vol. i, pp. 69, 143, 243-4. INTRODUCTION. XIX they were more numerous. The perfectly credible tradi- tion of the Mima;«sa school, which declares that originally each Vedic school or Ka.Ya.na. possessed a peculiar work on Dharma, confirms this assumption. While the Dharma- sutras possess a considerable antiquity, dating between 600- 200 B. C, the metrical Smrztis cannot be equally ancient, because there is much in their form that is modern, and espe- cially because the epic Anush/ubh 51oka, in which they are written, was not used for continuous composition during the Sfitra period. As the metrical Smrztis are later than the Dharma-sutras, it is, under the circumstances stated, very probable that each of them is based on a particular Dharma- siitra. The Manava Dharmaj-astra in particular may be considered as a recast and versification of the Dharma-sutra of the Manava Sutra/^arawa, a subdivision of the Maitrayawiya school, which adheres to a redaction of the Black Ya^r-veda. Considering the state of our knowledge of Vedic litera- ture thirty years ago, the enunciation of this hypothesis was certainly a bold step. The facts on which it rested were few, and the want of important links in the premises laid it open to weighty objections. No proof was or could be furnished that the Sutras of Gautama, Vasish//^a, and Vish;m originally were manuals of Vedic schools, not codes promulgated for the guidance of all Aryas, as the Hindu tradition, then known, asserted. The assumption that it was so, rested solely on the resemblance of their form and contents to those of the Apastambiya Dharma-s(itra. No trace of a Manava Dharma-sutra could be shown, nor could any connexion between the Manava Dharmai'astra and the school of the Manavas, except through their titles, be established. The assertion that the Brahmans had turned older Sutras, and especially Dharma-stitras, into metrical works, written in epic 51okas, had to be left with- out any illustration, and no cause was assigned which would explain this remarkable change. As a set off against these undeniable weaknesses. Professor Max Muller's hypothesis possessed two strong points which secured for it from the outset a favourable reception on the part of all Sanskritists of the historical school. First, it substituted a rational theory b 2 XX LAWS OF MANU. of historical development for the fantastic fables of the Hindu tradition and for the hopeless uncertainty which characterised the earlier speculations of European scholars concerning the origin of the so-called Indian codes of law. Secondly, it fully agreed with many facts which the begin- ning exploration of Vedic literature had brought to light, and which, taken as a whole, forced on all serious students the conviction that the systematic cultivation of all the Indian 5astras had begun in the Vedic schools. Subsequent events have shown that Professor Max Miiller was right to rely on these two leading ideas, and that his fellow Sanskrit- ists did well to follow him, instead of taking umbrage at the minor flaws. Slowly but steadily a great number of the missing links in the chain of evidence has been brought to light by subsequent investigations. We now know that the Sutra works of other schools than the Apastambiyas in- cluded or still include treatises on the sacred law. The Dharma-sutra of the Baudhayaniyas, the oldest Sutra- ^ara;m of the Taittiriya Veda, has been recovered. Though the connexion between the several parts of the great body of Sutras has been severed, it is yet possible to recognise that it once was closely joined to the Gr/hya-sutra \ The recovery of the entire collection of Hirawyake^i-sutras has proved that these too include a Dharma-sutra, which in this instance has been borrowed from the earlier Apastam- biyas^. The mystery which surrounded the position of the Dharma^astras of Gautama, Vishwu, and Vasish//m has been cleared up. To the assertion that they were composed by ancient Rtsh'is for the welfare of mankind, we can at present oppose another tradition according to which they were at first studied and recognised as authoritative by particular schools only, adhering respectively to the Sama-veda, Black Ya^ur-veda, and the Rig-veda ^. Internal evidence confirm- ing this tradition has been found in the case of Gautama's Dharma^astra and of the Vish;/u-smr/ti, or, more correctly, ' Sacred Books of the East, vol. xiv, p. xxxi. '■' Sacred Books of the East, vol. ii, p. xxiii. => Sacred Books of the East, vol. ii, pp. xlv-xlviii ; vol. vii, pp. x xvi ; vol. xiv, pp. xl-xlv. INTRODUCTION. xxl of the Ka/Z/aka Sutras. These latter discoveries are of par- ticularly great importance, because they fully establish the truth of the assumption, underlying Professor Max Muller's theory, that in post-Vedic times the Brahmans did not hesitate to change the character of ancient school-books and to convert them into generally binding law-codes, either by simply taking them out of their connexion with the 6'rauta and GrAya-sutras or by adding besides matter which, in the eyes of orthodox Hindus, must greatly increase the sentiment of reverence felt for them. It is especially the case of the so-called Vishz/u-smr/ti, which deserves the most careful attention. The beginning and the end of the work distinctly characterise it as a revelation of the god""^ Vishwu. Vish//u, Vaish;/ava worship and philosophy are on / various occasions praised and recommended in the course of the discussions. Yet the difference in the style of the introductory and concluding chapters leaves no doubt that they are later additions, and the perfectly credible tradition of the Tandits of Pu«a and Benares, the occurrence of particular sacred texts known to the Ka//zakas alone, as well as the special resemblance of its contents to those of the Ka///aka Grzhya-sutra, make it perfectly certain that the work is only a Vaish;^ava recast of the Ka//^aka Dharma- sutra^ We thus obtain in this case the confirmation of almost every fact which the conversion of the Dharma-sutra of the Manavas into the revealed code of the Pra^apati Manu presupposes, with the sole exception of the substitution of epic 51okas for aphoristic prose. With respect to the last point, the further exploration of the Smrzt'i literature has furnished numerous analogies. As an instance to the point we can now cite the fragments of the so-called Brzhat Sahkha Dharmaj-astra, which, as the quotations show, must 1 A quotation in Govindara^fa's Smr2tima;7^n, fol. 1 2'', 1. 8 (India Office Collec- tion, No. 1 736), contains a very small portion of this work. When explaining the penance for the murder of a Brahnaawa, mentioned Manu XI, 74, Govinda- r%a says, ^^^Ff ^;p^lIT ^T^T^* [tt] I i^^ijpfr H^mTlfT ^^WTT ?f7T II i^T [h^IT:] ■^i:Tf^'?fT ^fW^ini; ll The quotation shows that the Dharma-siltra of the Ka//^as mentioned the fanciful expiations ending in death, which are given in all the ancient law-books, but omitted in the Vish«u-smr/ti. XXU LAWS OF MANU. formerly have consisted of prose and verse, while the avail- able MSS. show Sutras and Anush^ubhs in one chapter only, and 51okas alone in the remainder^ There are, further, such works like the two Ajrvalayana Smrztis and the vSaunaka-smrzti, evidently versifications of the corre- sponding Gr/hya-sutras, with or without the additions of extraneous matter^. In short, among all the general propositions concerning the origin of the metrical Sm;7tis, which Professor Max Miiller advanced, only one, the asser- tion that during the Sutra period of 600-200 B.C. works written in continuous epic verse were unknown, has proved untenable in its full extent. It seems no longer advisable to limit the production of Sutras to so short and so late a period as 600-200 B.C., and the existence of metrical school-manuals at a much earlier date has been clearly demonstrated^. It is now evident that the use of the heroic metre for such works did not begin all of a sudden and at a certain given date. But it seems, nevertheless, indisputable that the use of aphoristic prose was adopted earlier than that of verse. For in all known cases a Sutra, not a metrical Sawgraha, Varttika, or Karika, stands at the head of each series of school-books, and some of the most salient peculiarities of the Sutra style reappear in that of the metrical manuals ^ With respect to the conjectures specially affecting the Manava Dharmaj-astra, the former existence of a Manava Dharma- sutra, consisting of prose mixed with verses in several metres, has been established by the discovery of some quotations in the Vasish///a Dharma-sutra, and their con- tents show that the work known to the author of the latter 5astra was closely related to our Manu-smr/ti. As regards the connexion of this Dharma-sutra, and consequently of our Manu-smr/ti with the Sutra^arawa of the Manavas, the results of the late researches have not been equally satis- factory. The recovery of the writings of the Manavas has not only not furnished any facts in support of the supposed connexion, but^ on the contrary, has raised difficulties, as it 1 West and Biihler, Digest of H. L. p. 40, third edition. "^ West and Biihler, loc. cit. p. 51. ' Goldstiicker, Manavakalpa-sutra, p. 78. * West nnd Biihler, loc. cit. pp. 42,44. INTRODUCTION. XXlll appears that the doctrines of the Manava Grzliya-sutra dififer very considerably from those of our Manava Dharmaj-astra. All that has been brought forward in substantiation of this portion of Professor Max Muller's hypothesis is that as close an affinity exists between the Vish/msmr/ti, the modern recension of the Kai/iaka. Dharma-sutra, and our Manu- smr/ti, as is found between the Ka///aka and Manava Grz'hya-sutras and between the Ka///aka and Manava Sa;;zhitas, and that hence the Vedic original of the Manu- smriti may be supposed to have belonged to the Manava school^. The conclusive force of this argument is no doubt somewhat weakened, as Dr. von Bradke has pointed out, by the fact that the Vish;m-smr/ti is not the original Ka//^aka Dharma-sutra. But to reject it altogether on account of this circumstance would be going too far. For the agree- ment between the Smrz'tis of Manu and Vish?m extends to many subjects where the latter shows no traces of recasting, and may be reasonably supposed to faithfully represent the original Dharma-sutra. Nevertheless a full reconsideration of this point is indispensable. Before we proceed to that, it will, however, be advisable first to supplement Professor Max Muller's arguments against the antiquity of our Manu- smrz'ti by the discussion of some of its passages which clearly admit an acquaintance with a large body of older legal literature and particularly with Dharma-sutras, and, secondly, to re-examine and complete the proof for the former existence of a Manava Dharma-sutra and for its having been the precursor of the metrical law-book. Among the passages of the Manu-smrzti which disprove the claim, set up by its author, to be the first legislator, and which show that he had many predecessors, the first place must be allotted to its statements regarding con- troversies and conflicting decisions on certain points of the ritual and of the law. Such cases are by no means rare. Thus the observances of ' some,' with respect to the order of the several ceremonies at a 6"raddha^ and to the disposal ^ Professor Jolly, Sacred Books of tlie East, vol. vii, pp. xxvi-xxvii ; and Dr. von Bradke, Jour. Germ. Or. Soc. vol. xxxii, pp. 438-441. ^ The same difference of opinion is mentioned in 6'ankhayana Gr/hya-sutra IV, I, 10. XXIV LAWS OF MANU. of the funeral cakes, are mentioned Manu III, 261. Dis- cussions of the ancient sages, exactly resembling those met with in the Dharma-sutras^, are given IX, 31-55 ^^' garding the long-disputed question whether a son begotten on a wife by a stranger, but with the husband's consent, belongs to the natural parent or to ' the owner of the soil.' In the same chapter it is stated, just as in Gautama's Dharma-sutra^, that 'some' permit the procreation of a second son with an appointed widow. Manu X, Jo-yi, we find a decision on the question whether, as 'some' assert, the seed be more important, or, as ' others ' state, the soil, or, as ' again others ' maintain, the seed and the soil have equal importance, and, XI, 45, we are told that the sages, i. e. all sages, are convinced of the efficacy of penances for atoning unintentional offences, while ' some ' declare that they even destroy the guilt of him who sinned intentionally. The latter point is discussed in exactly the same manner Gaut. XIX, ^-6. In other cases the author is less explicit. He merely places conflicting opinions side by side without indicating that they belong to different authorities, and hence he has mostly succeeded in misleading the commentators as to his real meaning. Thus we read Manu II, 145, that the teacher is less venerable than the father and the mother, while the next following verses teach exactly the contrary doctrine. The commentators are much perplexed by this contradiction. But if we turn to Gautama II, 50-51, where it is said, ' The teacher is chief among all Gurus ; some say (that) the mother (holds the first place),' it is not doubtful that the Manu-smr/ti gives in the first verse the opinion of Gautama's ' some ' as the purvapaksha, and adduces the following one in order to prove its incorrectness. A similar case occurs Manu III, 23-35, where three opinions regarding the per- missibility of certain marriage-rites are enumerated, the last of which is the siddhanta or the author's own view. It might be contended that these passages, the list of ^ See especially Vas. XVII, 6-9, where one of the verses of the Manu-smrz'ti occurs. ■' Gaut. XVIII, 8, INTRODUCTION. XXV which might be considerably enlarged, do not necessarily force on us the conviction that they refer to actual law- books which preceded our Manu-smr/ti. If they stood by themselves, they might possibly be explained as showing nothing more than that legal and ritual questions had long engaged the attention of the learned. But this subterfuge becomes impossible, as we find in other verses the explicit confession that the author of the Manu-smr/ti knew Dharmai-astras. Three passages allude to their existence in general terms. The first occurs in the definition of the terms 5ruti and Smrz'ti, Manu II, lo, ' But by 5ruti (revelation) is meant the Veda, and by Smr/ti (tradition) the Institutes of the sacred law.' In the text the last word, dharmai-astram, stands in the singular. But it must doubtlessly be taken, as Kulluka^ and Naraya;^a^ indicate, in a collective sense. Another mention of law-books is found Manu XII, iii, where a dharmapa///aka//, 'one who recites (the Institutes of) the sacred law,' is named among the members of a parishad or assembly entitled to decide difficult points of law. The commentators are unanimous in explaining dharma, literally ' the sacred law,' by 'the Institutes of the sacred law' or 'the Smrztis of Manu and others,' and it is indeed impossible to take the word in any other sense than that of ' law-books ^.' The third passage is perfectly explicit, as the word Dharmaj-astra is used in the plural. It occurs in the section on funeral sacrifices, Manu III, 232, ' At a (sacrifice in honour) of the manes he must let (his guests) hear the Veda, the Insti- tutes of the sacred law (dharmaj-astra/n),' &c.* Here the existence of many earlier law-books is plainly acknow- ledged. The character of the Institutes of the sacred law, known to the author of our Manu, may be inferred 3 Medh. V^tin^fl^^Tf^Wfrr^T^^nTHWTII Gov. ^n^TTrf^V^^TfT II Kull. »TR^Tf^V^^T;^^^1' II Nand. ^JHl^n^'TTTSF: II The full significance of this passage will be shown below, p. Iii. * See also Professor Stenzler in the Indische Studien, vol. i, p. 245 ; Dr. Johanntgen, Das Gesetzbuch des Manu, p. 76. XXVI LAWS OF MANU. from some other passages which reveal an acquaintance with the Aiigas of the Veda^ Manu II, 141, and IV, 98, these auxiliary sciences are mentioned in a general way. From Manu III, 185, where it is said that a Brahma;/a who knows the six Ahgas sanctifies the company at a 6'raddha dinner, we learn that their number, as known to our author, did not differ from that mentioned in all Vedic works. Further, the name of the first Ahga, the Kalpa, occurs III, 185, and the mention of a Nairukta among the members of a parishad shows that the fourth, the Nirukta, was also known. With the latter and the remaining four, which the author of the Manu-smrzti in all probability also knew, we are not immediately concerned. But the first, the Kalpa, possesses a very great interest for our purposes. This term, as is well known, denotes collectively those SiJtras of the Vedic schools which teach the performance of the vSrauta sacrifices, the rites especially described in the 5ruti. Hence both vSrauta-sutras and, of course, also Sutra- karausiS must have preceded the Manu-smr/ti. If it is now borne in mind that according to the Hindu tradition, mentioned above, all Sutra/^ara;/as formerly possessed Dharma-sutras, and that in some existing Kalpas the Dharma-sutras are closely connected with the 6"rauta-sutras, it becomes exceedingly probable, nay, certain, that our Manava Dharmai-astra is later than some of the Dharma- sutras. This conclusion is further corroborated by those passages of the Manu-smnti where the author quotes the opinions of individual predecessors. Manu III, 16 we read, ' According to Atri and (Gautama) the son of Utathya^ he who weds a 5udra woman becomes an out- cast, according to 6"aunaka on the birth of a son, and according to Bhr/gu he who has (male) offspring from a (5iidra female alone).' Under the above explanation, which is adopted by the majority of the commentators, ^ See also Professor Stenzler, loc. cit. ; Dr. Johanntgen, loc. cit. p. 74. * The form Utathya is a corruption of the Vedic UZ-athya, and shows the substitution of a dental for a palatal, which is not uncommon in the Prakrit dialects. Hence it possesses a certain value as an additional proof for the post- Vedic origin of the Manu-smi-zti, INTRODUCTION. XXVU and is confirmed by an analogous passage of the aphoristic Dharma^astra of Ui-anas \ the author adduces there the opinions of four older authorities, all of which are credited by the Hindu tradition with the revelation of law-books. We still possess several Smr/tis attributed to Atri, 5aunaka, and to Gautama, as well as one said to belong to Bhr/gu. With the exception of the aphoristic Gautamiya Dharma- skstrsL all these works are modern, some being metrical recensions of older Sutras, and some of very doubtful origin. It is, therefore, impossible that any of the existing Dharma^astras, Atri, 6"aunaka, and Bhr/gu, can be referred to by Manu, and, as a matter of fact, the opinions quoted cannot be traced in them. But if we turn to Gautama's Satra we find among those persons who defile the company at a 5raddha dinner, and who are thus excluded from the community of the virtuous, the :fudrapati, literally 'the husband of a 5udra female^.' The real signification of the compound seems, however, to be, as Haradatta suggests, ' he whose only wife or dharmapatni is a 5udra.' As it appears from Manu III, 17-19, that the opinion attributed to the son Utathya was the same, it is not at all unlikely that the Manu-smrzti actually quotes the still existing Sutra of Gautama. Another reference to a lost Sutra occurs at Manu VI, 21, where it is said of the hermit in the forest, ' Or he may constantly subsist on flowers, roots, and fruit alone , following the rule of the (Institutes) of Vikhanas.' The original Sanskrit of the participial clause is ' vaikhanasamate sthita/^,' and means literally ' abiding by the Vaikhanasa opinion.' The commentators, with the exception of Narayawa, are unanimous in declaring that • U^. Dharmajastra, chap. Ill, qfinft ^^IT^trffi: I Tf TIlTiftW^ I '^T^ITTI^ ^^: I ^^T^ tijnftfTi ^T^'tif: 1 ^^^TFnnftfiT ^^r^: 1 iw^i xnni^f (I TVttim W Though IJjanas' statements regarding the opinions of the ancient lawyers do not agree with those of the Manu-sm^-zti, except in the case of ^aunaka, they are yet important, because they show that differences of opinion regarding the effects of a marriage with a 6'udra did occur. See also Jolly, Tagore Lectures, p. 53- 2 Gautama XV, i8 ; Sacred Books of the East, vol. ii, p. 255. XXVIU LAWS OF MANU. the word Vaikhanasa here denotes a 5astra or Sutra promulgated by Vikhanas, in which the duties of hermits were described at length^. The correctness of this opinion seems to me indisputable. For the word mata, ' opinion,' in Manu's verse, requires that the preceding part of the compound should denote either a person, or a school, or a work. If we take vaikhanasa in the sense of hermit in the forest, we obtain the meaningless translation, 'a hermit may subsist on flowers, &c., following the opinion of hermits.' It is, therefore, necessary to interpret vaikhanasa with the commentators in th.e sense of vaikhanasa i-astra, and to refer it to a particular work which taught the duties of hermits. The existence of such a book is attested not only by Manu's commentators, but also by other ancient and modern authors. Baudhayana mentions it explicitly^, and seems to give a short summary of its contents in the third chapter of the third Praj-na of his Dharma^-astra. Hara- datta, the commentator of Apastamba and Gautama, also appears to have known it. In his notes on Gautama III, 2, he gives the derivation of vaikhanasa, a hermit in the forest, saying, ' The vanaprastha is called vaikhanasa, because he lives according to the rule promulgated by Vikhanas,' and adds, 'For that (sage) chiefly taught that order 3.' If the statements made to me by Indian Fsindits are to be trusted, we may even hope to recover the work in course of time. It must be an exceedingly ancient book, as the secondary meaning of vaikhanasa, a hermit, which can have arisen only in the manner suggested by Haradatta**, occurs in the 1 Medh. I^T^W ^H ^T^ tp? ^nH^JT^ \I^T Mf iTT^^f wk fmJfl II Gov. t^^^T^ ^T^UW^T^^^^ f^W: II Kull. Ii^T^^"t ^Tfll^: I iTl[RlTffTT7T^^:^T^^^^ fmT, II Nand. W[^t]^^J^W f^^[^]'1^T T(\'k ^^ [^] ins ff -^T^ir^eM^ ^«nttr^^: f^Tff n Nar. I^t^j^^ ^rFrirp2r»m ii ^ Baudh. Dharma. II, ii, 14; Sacred Books of the East, vol. xiv, p. 259. * The double v;-/ddhi in vaikhanasa is according to the analogy of the words enumerated in the akr/ti-ga«a anujatikadi, Paw. VII, 3, 20. INTRODUCTION. XXIX oldest known Dharma-stitra. Under these circumstances it is not advisable to assume that it had any connexion with the Vaikhanasa Sutra/Tarawa, a subdivision of the Taitti- riyas, which seems to have been one of the youngest schools adhering to the Black Ya^ur-veda^ But it is evident that the ancient Vaikhanasa Sutra, which treated of an important portion of the sacred law, preceded our Manu-smr/ti. Another reference to the opinion of a person who is the reputed author of a still existing Dharma-sutra is found at Manu VIII, 140, where the rate of legal interest on secured loans is thus described : ' A money-lender may stipulate, as an increase on his capital, for the interest allowed by Vasish///a, and take monthly the eightieth part of a hun- dred.' If we turn to the VasishZ/^a Dharmaj-astra, we read, III, 51 2, ' Hear the interest for a money-lender, declared by Vasish///a, five mashas (may be taken every month) for twenty (karshapa;?as).' Though the wording of the Manu- smriti differs from that adopted in the Vasish/Z/a Dharma- jastra, the meaning of both passages is the same. The eightieth part of one hundred is one and a quarter per cent, and the same rate is obtained if five mashas are charged for twenty karshapawas, i. e. for four hundred mashas ^ Both law-books, therefore, evidently refer to the same rule of Vasish//m. But the correctness of the further inference that the author of the Manu-smrzti used the Vasish//^a Dharma- .yastra is not so easily demonstrable as might seem from the extracts given above. For Vas. Ill, 51 itself is a quotation, marked as such by its final iti (left untranslated) and the phrase, ' Now they quote also,' which is prefixed to Sutra 48. Hence it might be argued that the agreement of the ^ See Professor Max Miiller.Anc.Sansk. Lit. p. 199; Professor Weber, Indische Studien, vol. i, p. 83. A portion of the Vaikhanasa i'rauta-sutra is preserved in the modem transcripts, belonging to the Bombay University and the Munich Royal Libraries, which Professor Haug had made from a Baro^/a MS. ^ Sacred Books of the East, vol. xiv, p. 16 ; according to Dr. Fiihrer's edition Vas. Ill, 50. 3 Cagannatha, in Col. Dig. I, 25, gives a somewhat different calculation. But the general sense remains the same. I follow KrishnapsLfiifita and Hara- datta on Gautama XII, 29. XXX LAWS OF MANU. two passages furnishes no stringent proof for the posteriority of the Manu-smWti to that which bears Vasish//^a's name, that, on the contrary, it perhaps merely indicates the de- pendence of both works on a common source, be it on some older work or on the tradition current in the Brahma«ical schools. Such an objection would in most similar cases be perfectly legitimate, but in the present one it is, I think, barred by some peculiar circumstances. From the above- mentioned Hindu tradition, preserved by Govindasvamin\ we learn that the Vasish///a Dharma^-astra originally be- longed to a school of Rtg-ved'ms who ascribed the settle- ment of their laws to the famous Vedic Rishi Vasish//za. The rule limiting the monthly interest on secured loans to one and a quarter per cent is found also in Gautama's Dharma-sutra XII, 29, a work which, as has been shown elsewhere^, is older than the Vasish///a-smr/ti. But neither there nor in any other work where it occurs^ is its enuncia- tion attributed to Vasish//^a. Hence it is most probable that this addition was made by those who attributed their laws to Vasish///a, and who, therefore, had an interest in vindicating the invention of an important legal maxim for their spiritual head. If their law-book gives the rule in the form of a quotation, they probably do not mean to indicate that an older verse ascribing it to VasishZ/^a existed, but that the rule itself was an ancient one, and had been taken from a law-book or from the tradition of the Brahmawical schools. With this explanation the mention of Vasish;'>^a's name, made in Manu VIII, 140, still remains an indication that its author knew and referred to the existing Vasish///a Dharmaj'astra. These passages are far too numerous to be set aside as possibly later interpolations, and there is, indeed, no circum- stance connected with any of them which could lead to such a supposition. We must, therefore, admit that they clearly disprove the claim of the Manu-smrz'ti to the first ' See above, p. xx. ^ Sacred Books of the East, vol. ii, pp. liii, liv. ^ See e. g. Ya^. II, 37, and the texts of BrAaspati and Vyasa quoted in Col. Dig. I, 26-27. INTRODUCTION. XXXI place among Indian law-books which the first chapter sets up, and that they furnish a strong support to the view according to which the Manu-sm«ti belongs to a later stage of literary development than the Dharma-sutras. In turning to the second point of our supplement, it will be advisable to reconsider in detail the passages of the Vasish///a-smrzti, which prove the former existence of a Manava Dharma-sutra, and which, as the preceding dis- cussion has established the priority of the Vasish///a-smr/ti to our Manu, possess a particularly great importance. The chief passage occurs Vasish///a IV, 5-8 1, where we read : 5. The Manava (Sutra states), ' Only when worshipping the manes and the gods, or when honouring guests, he may certainly do injury to animals.' 6. '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.' 7. 'Meat can never be obtained without injury to liv- ing beings, and injury to living beings does not procure heavenly bliss : hence (the sages declare) the slaughter (of beasts) at a sacrifice not (to be) slaughter (in the ordinary sense of the word).' 8. 'Now he may also cook a full-grown ox or a full- grown he-goat for a Brahmawa or a Kshatriya guest ; in this manner they offer hospitality to such (a man).' As has been stated in the introduction to Vasish//^a^ all the four Sutras must be taken as a quotation, because the particle iti, ' thus,' occurs at the end of IV, 8, and because the identity of Sutra 6 with Manu V, 41, as well as the close resemblance of Sutra; to Manu V, 48, shows that the quota- tion is not finished with Sutra 5. If we accept this explanation jrui ^^v: II 5 11 ^r^q "^nntn^ m t:t^^t^ m«rR7n^ h^'b^to ' Sacred Books of the East, vol. xiv, pp. xviii-xix. XXXI I LAWS OF MANU. we have in our passage the usual arrangement followed in the Dharma-sutras. First comes the prose rule, next the verses which confirm it, and finally a Vedic passage on which both the rule and the verses rest. It may be added that the explanation of the passage given by Krzshwa- pa^^^ita Dharmadhikarin in his commentary on Vasish///a, according to which the word Manavam, explained above by 'the Manava (Sutra),' is to mean 'the (opinion) of Manu' (manumatam), cannot be upheld, for several reasons. First, the wording of the text of Sutra 5 looks like a real quotation, not like a summary of Manu's views by Vasish- ///a. This becomes quite clear, if we compare Vasish//^a I, 17, where undoubtedly a rule of Manu, corresponding to Manava Dh. VII, 203, and VIII, 41, is given in Vasish///a's words, ' Manu has declared (that) the (peculiar) laws of countries, castes, and families (may be followed) in the absence of (rules of) the revealed texts ^.' Secondly, the great differences between several other passages, quoted by Vasish///a as Manu's, and the corresponding passages of the text of our Manu-smr/ti, as well as the fact that the latter, as we have seen, refers to the Vasish/Z/a Dharmaj-astra, do not permit us to assume, with Kr/sh«apa/^^ita, that Vasish/Z/a knew and referred to our Manu. If it is thus necessary to admit that Vasish/Z^a's quotation is taken from a Manava Dharma-sutra, the agreement of the doctrine taught in the quotation and of a portion of the text with those of our Manu-smrzti show further that this Dharma-sutra must have been the forerunner of our metrical law-book. An examination of the other quotations from Manu, which occur in the Vasish/Z/a-smr/ti, will show that this agreement was, though pretty close, not complete. The identity of the view, ascribed to Manu by Vasish//;a I, 17, with the contents of Manu VII, 303, and VIII, 41, has already been mentioned. Vasish/Z/a III, 2, a Manava 51oka is quoted which agrees literally with Manu II, 168. The same remark applies to the quotation at Vasish/Z^a XX, 18, which is found Manu XI, 152. Another passage, INTRODUCTION. XXXlll Vas. XIII, i6, shows considerable verbal differences. According to Vasish/'/^a, Manu's verse is : 'Be it fruit, or water, or sesamum^ or food, or whatever be (the gift) at a vSraddha, let him not, having just accepted it, recite the Veda; for it is declared in the Smritl that the hands of Brahmawas are their mouths,' while we read Manu IV, 117, ' Be it an animal or a thing inanimate, whatever be the (gift) at a vSraddha, let him not, having just accepted it, recite the Veda ; for it is declared in the Smriti that the hand of a Brahma«a is his mouth ^' The last quota- tion which occurs Vas. XIX, 37, and refers to the ^ulka, (exemptions from) taxes and duties^, is in the Trish/ubh metre, and, hence, cannot have a place in our Manu-smrz'ti. But it is remarkable that the latter does not even show a corresponding Anush/ubh verse, and that the contents of the quotation do not quite agree with the teaching of our Manu. The latter mentions the exemption of a sum less than a karshapawa incidentally X, 120. It agrees also with Manu's doctrines that .Srotriyas, ascetics, alms, and sacrifices should not be taxed. But there are no indica- tions that infants, messengers, and ambassadors, or the remnant left to a plundered trader, should go free. With respect to those living by arts (i-ilpa), our Manu teaches, VII, 138, and X, 120, just like most other ancient authors, that artisans are to do monthly one piece of work for the king. Though this corvee amounts to a pretty severe tax, it is, of course, possible to contend that Manu's rule does not exactly contradict that quoted by Vasish///a. Besides these passages, there are some other verses^ which contain the well-known phrase, ' manur abravit, thus Manu spoke,^ ^ Vas. ^1^ ^r^ ^^Fg^Tirf^ 1 TRt9T^inTTf^f5T»T^T^WT^^^- flNi H^ll^ I Trffl'J^T^lR^JT^: t^TTPTT^T ^T^^T: ^flT ff^ 11 Manu, ^ ' No duty (is paid) on a sum less than a karshapawa, there is no tax on a livelihood gained by arts, nor on an infant, nor on a messenger, nor on what has been received as alms, nor on the remnants of property left after a robberj', nor on a 6'rotriya, nor on an ascetic, nor on a sacrifice.' 3 Vas. XI, 23 ; XII, 16 ; XXIII, 43 ; XXVI, 8. [25] c XXxIv LAWS OF MANU. and mention Manu as the authority for the rule taught. With respect to these references it seems to me not probable that they have been taken from the Manava Dharma-sutra. We shall see below ^ that from the earliest times the mythical Manu, the father of mankind, was considered as the founder of the social and moral order, and that he was considered to have first taught or revealed religious rites and legal maxims. Hence I believe that these four verses give nothing more than an expression of the belief that their doctrines go back to the first progenitor of men'-^. The first three among them either contradict or find no counterpart in our Manu-smnti. The fourth agrees in substance with Manu XI, 260-261. But it occurs in a chapter which is probably spurious, or, at least, full of interpolations. Whatever view may be taken concerning these passages, the allegation that the Manava Dharma- svitra, known to Vasish///a, closely resembled, but was not identical with our Manu, need not be modified. If we look for other traces of the Sutra, quoted by Vasish- //^a, it is possible that Gautama, who mentions an opinion of Manu, XXI, 7, refers to it. His Dharma-sutra is even older than Vasish///a's, and long anterior to our Manu-smrzti. But the possibility that Gautama refers not to a rule of the Manava Dharma-sutra, but to a maxim generally attributed to the mythical Manu, is not altogether excluded. Gautama says, 'Manu (declares that) the first three (crimes, the intentional murder of a Brahmawa, drinking Sura, and the violation of a Guru's bed) cannot be expiated^.' The wording of the Sutra shows that it is not a quotation, but a summary of Manu's opinion. Our Manu-sm;-/ti explicitly teaches, XI, 90, the same doctrine with respect to the intentional murder of a Brahma;/a, and, if my explanation of XI, 147 is accepted, also with respect to the intentional drinking of Sura. As regards the third offence, there is no * See p. Iviii. » The meaning of the phrase in the verse, occurring in the quotation from the Manava Dharma-sutra, is probably the same. ^ "^Iftl TI^*?T'J^r?I?f^TTf^ ^"^l 11 The same opinion is expressed in the Mahabharata XII, 165, 34, but not attributed to Maim. INTRODUCTION. XXXV direct statement. But the expiations, prescribed XI, 104- 105, amount to a sentence of death. Hence our Manu- sm/'/ti, too, practically declares the crime to be inexpiable during the offender's lifetime. Its original, the Dharma- sutra, may, therefore, be supposed to have had the rule which Gautama attributes to Manu. Nevertheless, owing to the circumstances mentioned above, Gautama's passage cannot be adduced as a perfectly certain proof of the early existence of the Manava Dharma-sutra. Among the remaining Dharma-sutras ^ there is only the fragment attributed to Uj-anas which seems to quote a Sutra of Manu. At the beginning of the first chapter^ we find a very corrupt passage containing a prose-quotation which according to two of my MSS. belongs to Manu, but according to a third to Sumantu. As the latter copy is, however, clearly more incorrect than the other two, and as a Sutra by Sumantu is not known from other sources, the reading of the first two seems to be preferable. The contents of the quotation which apparently prescribes that on the death of an infant, of an emigrant, of one who keeps no sacred fires, of one who kills himself by starvation or by self-cremation, and of one slain in battle, no period of im- purity need be kept, agree with the teaching of our Manu- smnti, V, 78, 89, 94, 98. There is, further, one among the Vedic books on the ritual, the .Sahkhdyana GrzTiya-sutra, which possibly refers to the Manava Dharma-siitra. This work quotes the verse, Manu V, 41, which, as has been shown above, occurred also in the Dharma-sutra as well as several other vSlokas of ' Regarding the passage of Apastamba II, i6, i, which ascribes the revelation of the i'raddhas to Manu, see below, p. lix. - I transcribe the whole beginning of the work, W^ ^PTTT-tf^t oSTc?' ^Wff^"^* #^ ^^TT^ »TTrTTftT^»i: ^rNi »TT^t^ II -^TO^tr »RTT5 n Wl^ ^^rtTt^ =^Rf'^ TtUJ^R (?) ^5T^° I It is impossible to restore the whole passage. The end of the quotation may have been ^Ift JFM^TFfTflT II C 2 XXXVi LAWS OF MANU. our Manu-smr/ti, partly in better versions ^ As the Grzhya- siitra agrees also in a number of its rules very characteris- tically with Manu, it is not improbable that its author may have drawn on the original of the latter. But before one can be perfectly confident on this point, it is necessary that some difficult questions regarding the critical condition of 5ahkhayana's text should be cleared up more fully than has been done hitherto. More important than the passages from the last work is the evidence which the Kamandakiya Nitisara furnishes, where twice opinions of the Manava/z and once an opinion of Manu are quoted, but rejected in favour of the views of the author's teacher, A'anakya Kau/ilya. In one case the doctrine, attributed to the Manava//, agrees with the teaching of our Manu-smrzti. We read in the discussion on the number of the prakr/tis, the constituent elements of the ma.nda\a. or political circle to which a king must pay attention, Kam. Nit. VII, 24-25, ' With respect to this (question) the Manavas record that five constituent elements, the ministers and the rest, belong severally to each of the twelve kings. But those original twelve (kings) and those (others), the ministers and the rest, (are) seventy-two (in number, and form) the whole circle of constituent elements^.' Our Manu-smr/ti states, VII, 155-156, that twelve kings belong to the ma«^ala, and adds ver. 157, ' The minister, the kingdom, the fortress, the treasury, and the army are five other (constituent elements of the circle) ; for these are mentioned in con- nexion with each (of the first twelve) ; thus the whole circle (consists), briefly (speaking, of) seventy-two (constituent parts).' The other two passages diff"er. According to Kamandaki II, 3, the Manavas teach that the sciences, which a king must study, are three only, the threefold (Veda), the theory of professions and trades, and the ' Oldenberg, 6ankh. Gri. S. in the Indische Studien, vol. xv, p. ii. JTR^; 11:^^11 mr5T ^T^ ■qH^m ^mi^T^iTe^ ^ 'n: 1 ^nrfiTiffm^T ^?rrt ^W TT^ffllllici^ li 5^M II I read according to the commentary ^rsftT^fVsFT instead of the senseless ^fcT^lfV^ of the text. INTRODUCTION. XXXVll science of government, ' because the science of dialectics or reasoning is a subdivision of the threefold (Vedic lore^),' while Manu VII, 43 enumerates five branches of learning, or at least four, if either Medhatithi's or Narayawa's explanation of the term atmavidya, rendered in the transla- tion by ' the knowledge of the (supreme) Soul,' is accepted 2. Again, we hear, Kamandaki XI, 6^, that Manu fixed the number of ministers (amatya), which the king must appoint, at twelve. But according to Manu VII, 54, no more than seven or eight are required. These quotations show that Kamandaki knew a work, attributed to Manu, which con- tained rules on the duties of kings, and in some respects agreed with the seventh chapter of our Manu-smr/ti. If I conclude that this must have been the old Manava Dharma-sutra, it is because Kamandaki twice alludes to it by the title Manava/z, literally ' those who study a work proclaimed by Manu,' or, more freely rendered, 'the Manava school.' It is a very common practice of Indian authors to refer in this manner to the books restricted to special schools. But I know of no case where the doctrines of the Manava Dharma^-astra, or of any other work which is destined for all Aryans and acknowledged as authorita- tive by all, are cited in the same or in a similar way. Nor is it usual to contrast, as Kamandaki does, the rules taught by Manu with those of other teachers and afterwards to reject them=^. If a Hindu writer on law finds it necessary to set aside an opinion of Manu, he either passes by it in silence or he interprets the passage where it occurs in accordance with the principles of some other Smr/ti with 2 With respect to Medhatithi's and Narayawa's explanations, see the note to the translation. I will add that Kam. Nit. II, 7, ^^f^^rwf^T^^ ' The science of dialectics (is) a means of fully recognising the Soul or Self,' speaks in favour of Naraya«a's explanation, and that it would perhaps have been better if I had placed the latter in the text. ' As the learned editor of the Nitisara (Preface, p. 2) asserts that its author was a Buddhist, it might be conjectured that the latter treated Manu with small respect, because he belonged to a heterodox sect. But it ought to be noted that no proof is offered for the above assertion, and that the work contains no trace of Buddhism. XXXVIU LAWS OF MANU. which he himself agrees. Hence it is not doubtful that Kamandaki's references point to a work of Manu which, though highly esteemed, did not hold the same paramount position as Bhrzgu's version of Manu's laws. In other words, Kamandaki's Manu must have been the property of a particular school, and that was just the case with the Manava Dharma-sutra. The fact that all the known Dharma-sutras contain a more or less detailed description of the duties of kings agrees well with this supposition, and so does the circumstance that Kamandaki's Nitisara is either really an ancient work, composed long before the beginning of our era, or at least a later recension of such an old book^ These are all the certain indications of the former existence of a Manava Dharma-sutra which I have been able to find. It is possible that the same work is also alluded to in some verses of the twelfth and thirteenth Parvans of the Mahabharata. But this question is, as we shall see below, surrounded with great difficulties, and its solution somewhat doubtful. Among the passages, dis- cussed above, none are so important as Vasish^'/^a's quota- tions. The remainder contribute, however, to give a more definite idea of the range of subjects included in the lost work, and they confirm the conclusion, drawn from the former, that the Manava Dharma-sutra closely resembled our Manu-smr/ti. The investigations concerning the last point, the question if any traces of a connexion of our Manu-smrzti with the writings of the Manava school are discoverable, have hitherto led, as stated above, to a negative result. They were, of course, directed to a comparison of the Manava Gr/hya-sutra with the Dharmaj-astra, as both works of * The work claims to be the composition of a pupil of Aandragupta's famous minister, A'awakya Kaurilya or Kau^alya, to whom a portion of the Mahgala- karana. is dedicated, and who is frequently referred to as the Guru or teacher. Though there is no clear evidence corroborating this statement, there is also none to rebut it. In favour of this claim speaks the fact that the name of the author is a nomen gentile. For among the ancient writers the practice of signing their books M'ith the family-name is almost universal. Later it seems to have fallen into disuse. The Nilisara is quoted by the oldest commentator of Manu, Medhatithi. INTRODUCTION. XXXlx necessity frequently treat of the same subjects. On com- paring the corresponding portions of the two works, Pro- fessor Jolly ^ found no special agreement with respect to the ages prescribed for the performance of the Saw/skaras, with respect to the marriage-rites and to the rules for the conduct of students and of Snatakas, Nor was he able to discover in the Manu-smr/ti any of the curious technical terms and phrases used in the Gr/hya-sutra, while the somewhat closer resemblance in the Mantras of the Vaij'va- deva ceremony and in a few other points turned out to be without conclusiveness on account of the concurrent agreement of other Gr2hya-sutras. Dr. von Bradke's re- examination of the question^ did not yield any other result. I can only bear witness to the general correctness of these remarks. Though it is possible to adduce some passages, not mentioned by Professor J oily ^, in which the G;Vhya- sutra shows a special affinity with the Sm?'/ti, the very great differences which occur in other sections^, the absence of an agreement in particularly characteristic rules ^, and the ' On the Vishwu Dharma-sutra and the KaZ/^aka ; Transactions of the Royal Bavarian Academy, 1879, ii, p. 82 seq. ^ Journal of the German Oriental Society, vol. xxxii, p. 438. ^ Among the rules which specially agree, I may mention one from the section on the Initiation, Man. Gri. Su.I, 22 (end), W^ H^ ^^ \y^tt(\ I m«TTH- ^d I IT^T^^: ^f^"^ ^^^'^ ^T Hfrrf^rn: ^: » 'Next he shall go out to beg, first, to his mother and to other females who are friendly, or to as many as may be near.' These Sutras correspond to Manu II, 50, ' 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).' I am not aware that this rule occurs in any other Smr/ti. * Among the very great discrepancies I would point to such as those occurring in the section on the marriage-rites. The Manu-smrzti III, 20-34, describes the well-known eight modes by which a woman may be obtained from her family. But the Manava Gr/hya-sutra I, 7-8, knows two only, the Brahma and the i"aulka rites, the latter of which corresponds to the Asura or Manusha rite of the other Smrz'tis, and sanctions the purchase of the bride from her parents. * The absence of an agreement in characteristic rules is particularly notice- able in the chapter on the study of the Veda and the stoppages of the Veda study. There the general rules, e. g. regarding the beginning, length, and end- ing of the school-term, which are found also in other Smr/tis, agree in both works. But none of those special prescriptions which the Manava Gr^liya-sutra gives for the time when and the ceremonies with which particular portions of the Maitrayam Sawhita are to be learnt can be traced in the Manu-smr?'ti. xl LAWS OF MANU. non-occurrence of Mantras, peculiar to the Maitrayamya- Manava school in the Manu-smr/ti, do not permit us to consider them as decisive for the settlement of the question. On the other hand, this negative result does not preclude the possibility that the supposed connexion between the original of the Manu-smrzti and the Manava school may nevertheless have existed. For the examples of the Haira- iiyakesas and Madhyawdinas show that the Sutras, adopted by a school, are not always composed by one and the same teacher, but sometimes are made up of fragments originally belonging to different authors. In the case of the Madhya;«dinas the author of the vS"rauta-sutra is a Katyayana, while the GrAya-siitra bears the name of a Paraskara. In the case of the Haira/^yake^-as the Dharma- sutra, though it is ascribed to Hira«yakej-in Satyasha^^/^a, is in reality the v/ork of Apastamba, and differs both in its language and in its contents very much from the Gr/hya-sutra ^. Moreover, the Haira«yakej-a ATayana- sutra has been taken over, as its colophon clearly proves, from the Bharadva^as. It is, therefore, still possible that the ancient Manava Dharma-sutra was considered as the special property of the Manavas, but was not composed by the same teacher as the Grzhya-sutra, or that, though both works had the same author, the materials for their composition were borrowed from different sources. Either supposition would explain the discrepancies between the two works. If we now could show that some other work belonging to the Manava /Tarawa shows a special affinity to the Manu-smr/ti, the view that the original of the latter was first the property of that school might be still upheld. A renewed examination of the various treatises, studied and claimed as their own by the Manavas, has convinced me that such a connecting link is actually found among them. This is the vSraddhakalpa, a description of the ordinary funeral sacrifices which the Manava Grzhya- sutra does not treat in detail, but barely touches in the sections on the Ash/aka rites (II, 8-9). If this treatise has not been taken into consideration by Professor Jolly and ^ Sacred Books of the East, vol. ii, p. xxiii. INTRODUCTION. xli Dr. von Bradke, the reason is that it is not contained in Professor Haug's collection of the Manava Sutras, the only one which has hitherto been accessible to European students. In my copy of the works of the Manava school it stands after the Pravaradhyaya ^ It consists of four short Khaw^as. The first begins with the words, ' Now we will explain the rules for the funeral sacrifices,' and treats of the following points : the invitation of qualified Brahma;^as, their hospitable reception with the Arghya in the house of the sacrificer, the invocations asking the Virvedevas and the manes to attend, and the burnt oblations offered to Soma, Yama, and Agni. The Mantras which are to be used seem, if not all, at least for the greater part, to have been taken from the Maitrayawi Sa;;/hita. This section shows hardly any special agreement with the Manu-sm-rzti, except in the rule, known also from other Dharma-sutras, which prescribes the entertainment of two guests at the rite in honour of the gods, and of three at the offering to the manes or of one on either occasion, as well as in the number and the deities of the burnt oblations which precede the 5raddha (Manu III, 1 23, 211). But the second Khanda, which contains the description of the 5raddha ceremony, opens with a couple of verses, the first of which corres- ponds almost Hterally2 with Manu III, 274. The only im- portant difference is that at the end the words ' in the rainy season and under (the constellation) Magha// ' take the place of Manu's ' when the shadow of the elephant falls towards the east.' It must be noted that, though Vish;m LXXVIII, 52-53 and Vasish///a XI, 40 have passages which contain similar prayers of the manes, their wording differs very considerably from that of the ^raddhakalpa and of ^ My MS. of the writings of the Manava ^Tarawa, which was copied in 1864-65 at Nasik, includes, besides the Samh\\.a. and the Upanishad, counted as the fifth Kaw^a, all the portions of the ^rauta-sutra, known from Professor Haug's MSS. together with the Kumara or Kumarila Bhashya and portions of a later \ritti by Mi.n-a Balakreshwa, as well as the GrzTiya-sutra with its Bhashya, the Purawa- khya, by Bha«a Ash/Svakra (not by Kumarila, as I conjectured in West and Biihler's Digest, p. 46, note a), and the i'raddhakalpa. xlii LAWS OF MAXU, the Manu-sim7ti. The second verse ^ bears a faint resem- blance to ]Manu III. zzz. as it declares that water ottered in vessels of gold, silver, or Udumbara ' becomes imperish- able." The following prose portion has little in common \yith ^Manu's rules. Curiously enough, it prescribes that the funeral cakes are to be offered after the guests have finished their meal, a custom which Manu III, 261 attri- butes to ' some.' The section closes \\-ith some 51okas-, the last of which is nearly identical with Manu III, 283. The chief difference is. that in the first line the word 5raddhe, ' at a 5raddha/ occurs instead of snat\^a, ' after his bath.' The second var. lect. samahita//, 'with a concentrated mind." instead of dvi^ottama/^ " a Brahmaz/a," is found in the Southern MSS. of I\Ianu. The next section, which is not numbered in the colophon as Kha;/i/a 3, but separately, treats of the Abh^ni- daya, or Vr/ddhi-j-raddha, the funeral oblations which must be offered on all joj'ful occasions, such as the celebration of the birth of a son, a wedding, and so forth'. As Manu mentions this variet}- of the 5raddha only incidentally, III, 254, the contents of this Kha//^/a find no counterpart in the Smr/ti. But among its numerous 51okas one line agrees literally \\-ith Manu IX, 1 86 a*. The fourth and last section of the Kalpa, which is marked as the Parinshta. the addenda, gives miscellaneous rules regarding the times when 5raddhas may be performed, the manner in which the fulfilment of certain special wishes may be secured, and the persons to be entertained on such occasions. It consists chiefly of ■^ ^ ■^ ■S '■ ^ ^u frrnrf ^rmTr ^: n rjk^ f\'^^rm7%: fqipimr ^THTfTrr: 1 7r?rw ^-.^'■yi^'T '■ ^yKii*j-,+ ^rq TT^ nrr: TTTinT INTRODUCTION. xli ill verses, seven ^ of which are either quite or nearly identical with passages of the Manu-smr/ti III, 82, 125-126, 145, 185, 148, and 186, while another, which teaches that the invited Brahma/^as and the sacrificer must remain chaste 'because the manes dwell with them^,' agrees in substance with Manu III, 189. Two among the seven 51okas, those corresponding to Manu III, 125-126, occur also in the Va- sish//^a and Baudhayana Dharmaj-astras. The remainder are not traceable in the ancient Sutras. These remarks show that the Manava vSraddhakalpa consists, like many other handbooks of Vedic schools, of several pieces, which probably have been composed succes- sively at different times. Even the whole treatise may be possibly later than the Gr/hya-sutra, and may have been added in order to supplement its too curt rules on funeral sacrifices. But in spite of these admissions, the fact that it contains so many verses partly or wholly agreeing with the Manu-smrz'ti, keeps its importance for the point under consideration. If an adherent of the Manava school found it necessary to compose a treatise on a subject like the 5raddhas, he would, as a matter of course, base it on the usage and the teaching of his school. Hence it may be assumed that the verses which he inserted w'ere current in frRT^lT II In the corresponding verse of Manu, Medh. and Gov. read W^Tr^ instead of KuUuka's ^^^H b. f1 ^ -^^frXI^ [^] ^^ig>TXr? ^1 >ft»T^W^irrf^ ^ IWWrT fWtf [\] II ^fr^^ ^^^iWt 'q ^^ ^T^ra^T^: I ^^lnf^ [wif^] nd ^^ TiwT%?g [^f^] f^^t [t] n fRTT^ii d. ^^f^ f^[i^^f^] ^m '^ M Nrnrfq^ir: ^iri^T^i S'ish^as (Gaut. I, 2 ; Ap. I, i^ i, 2 ; Vas. I, 4; Baudh. I, 1, 1,3). INTRODUCTION. \n{ manuals of their own which differed from the Dharma- sutras. In favour of this opinion the metrical quotation at Baudhayana II, 4, 14-15 may be adduced, as it seems to have been taken from a work in Anush^ubh-51okas^ Though the unsatisfactory state of the text of Baudhayana does not allow us to insist too strongly on this passage, it is undeniable that the formation of special law schools must inevitably lead after a short time to the composition of manuals for their use. It is, no doubt, true that their founders possessed in the Dharma-sutras, the number of which, to judge from the quotations, must have been very great, plentiful materials on which they could base their investigations. But the treatment of a science from a new point of view was in itself an incentive to the production of new manuals, and there were in the case of the special law schools also other reasons which made such a course desirable. Minute as the Dharma-sutras generally are on the majority of the topics connected with the moral duties of Aryas, their arrangement of the rules is fre- quently unsystematic, and their treatment of the legal procedure, the civil and the criminal law, with the excep- tion of one single title, the dayavibhaga, i. e. the law of inheritance and partition, extremely unsatisfactory. With respect to the other titles, the Dharma-sutras give nothing more than a few hints, intended to indicate the general principles, but they never proceed systematically, and always show most embarrassing omissions. From the standpoint of the Vedic schools, a more detailed and orderly treatment of these matters was, of course, irrele- vant, as their chief aim was to point out the road to the acquisition of spiritual merit, and to guard their pupils against committing sin. Though some of their members might be called upon, and no doubt actually were destined in later life, to become practical lawyers, as Dharmadhi- karins, i. e. legal advisers of kings and chiefs, or as judges, and to settle the law between man and man, the few general principles which they had learnt during their course of instruction would suffice for their wants. For the details " ' — ■ — — ~- — ■ — ■ ■» * Sacred Books of the East, vol. xiv, p. xli. 11 V LAWS OF MANU. were settled according to the law of custom, which, as the Dharma-sutras themselves indicate, was in ancient times even a greater power in India than it is in our days. When the sacred law became a separate science to which men devoted all or the best part of their energy, the case became different. However much the specialists might be convinced of the supreme importance of the moral side of the Dharma, they could not possibly shut their eyes against the glaring deficiencies of the old text-books, and they were, of a necessity, driven to remedy them. In order to effect this, two courses were open to them. They might either remodel the old existing works or compose entirely new ones. As might be expected from the universal tendency, observable throughout the whole of the sacred literature of India, they gave preference to the former alternative, and the result of their work was that class of the secondary Sm;7tis, the chief surviving repre- sentatives of which are the Dharmaj'astras of Manu and Ya^/7avalkya. These works reveal their origin by the following marks. They are the exclusive property of the special law schools, and they show a fuller and more systematic treatment of all legal topics, while, at the same time, more or less clear traces of older redactions, connected with the Vedic schools, are to be found. They are free from all signs of sectarian influence, or of having been composed, like many of the later Digests, at royal command. They, finally, exhibit unmistakable marks of being school-books. If we examine our Manu-sm;7ti with respect to these points, its connexion with an older Vedic work has been shown above, and the fact that it is, and has been ever since we have any information regarding its existence, in the keeping of the Paw^its, who especially devote themselves to the study of law, will be patent to every student of the Dharmaj-astras. That it treats all legal topics more fully and more systematically than the Dharma-sutras, and especially devotes much more space to those subjects which are briefly noticed in the latter works, is no less evident. It will suffice here to point out the fact that the description of the duties of the king, including INTRODUCTION. 1 V the administration of justice and the civil and criminal law, occupies considerably more than one-third of the whole. For chapters vii-ix contain no less than 982 verses^ while the total number amounts to 2,684 ^ None of the older law-books devotes more than one-fifth of its text to such matters 2. The freedom of the Manu-smr/ti from all sectarian influence is perfect. It nowhere teaches the performance of other rites than those prescribed in the Vedic writings, and it nowhere inculcates the exclusive worship of one of the deities of the Paurawik sects as we find it recommended, for instance, in the Vish/m-smrzti. Nor is there any hint that it was written by order of some king or chief with the purpose of serving as a Digest of the sacred law. Finally, the marks of its being a school-book, intended for the instruction of all Aryas, are unmistakable. We are told, Manu I, 103, that 'a learned Brahma;/a must carefully study these (Institutes), and must duly instruct his pupils in them,' but that ' nobody else (shall do it).' Who the pupils, entitled to learn the work, are, is explained II, 16. There it is said that 'he for whom (the performance of) the rites, beginning with the Garbha- dhana and ending with the Antyesh/i, is ordained together with recitation of sacred formulas, is entitled to study it, but no other man whatsoever.' Hence Brahmans are to teach the 5astra, and all Aryas may learn it. It further agrees with its character as a school-book, if the phala^ruti or statement of the rewards to be gained by its study, Manu XII, 126, asserts that a twice-born man, who is able to recite ' these Institutes, will be always virtuous in con- duct, and will reach (i. e. after death) whatever condition he desires.' The first object which the student may gain is self-improvement, and the second happiness after death ^. 1 About the same ratio, 367 : 1009 is found in Ya^;7avalkya's Sm;7ti. * Thus in the Gautamiya, seven pages of the text out of thirty-four are filled ■with legal matters ; in the Vasish//;a, twelve pages out of eighty-one ; in the Apastambiya, ten out of ninety-eight ; and in the Baudhayaniya, about seven out of a hundred and fifteen. 3 Other secondary Smrz'tis, e. g. Ya^«avalkya's (III, 330-334), give much more detailed statements regarding the rewards to be obtained. But in substance they always agree with Manu. Ivi LAWS OF MANU. If we accept the conclusion which the preceding discussion tends to establish, that the special law schools produced the first and the most ancient division of the secondary Smrz'tis on the basis of older Dharma-sutras, and that one among these schools, which, however, cannot be further specified, turned the Manava Dharma-sutra into our metrical Smr/ti^, we obtain also satisfactory answers to two other c^uestions. First, it becomes explicable why the latter work shows so little connexion with the special doctrines and usages of the Manavas. If adherents of the Vedic Manava school, as Professor E. Hopkins conjectures^, had undertaken the revision of their Dharma-sutra, they would not have forgotten to mention such ceremonies as those which, according to their GrAya-sutra, must be per- formed on beginning the study of particular portions of their Sa/whita^, and, above all, they would have allowed Man- tras belonging to the Maitrayawi 5akha to stand. Again, if the task had fallen to the share of the members of some other Vedic school, we should find some points mentioned which were of special interest to them. The entire absence of all distinctive marks of any Vedic school which the Manu-smr/ti exhibits can only be explained on the hypo- thesis that it was remodelled by persons for whom such minute distinctions had no interest, and who concentrated their attention on those rules which they considered essential for all Aryas. Secondly, the view expressed above furnishes us with an answer to the question why the Manu-smr/ti, like all other works of its class, emphatically claims the allegiance of all Hindus. It is obvious that every special law school must assert, if its labour is not to be in vain, the general applicability of its doctrines and rules to all mankind. If we now turn to the second point, what reasons induced the special law schools to select just the Manava Dharma-sutra among the large number of similar works 1 This view, which I first taught in my lectures on the Hindu law, delivered in the Vienna University during the winter, 1881-82, has been accepted by Professor J. Jolly, Tagore Lectures, p. 41, and Lecture II passim, as well as p. 347 (end). '■' Proceedings of the American Oriental Society, October, 1883, p. xix, ' See above, p. xxxix, note 5. INTRODUCTION. Ivil for the basis of their studies and to recast it, the answer is not difficult to find. The reason for this selection, and for the high veneration in which the Manu-smr/ti has been held and is still held by Hindus, lies, without doubt, in the myths which, since very early times, have clustered round the name of Manu, and in progress of time have been more and more developed and brought into a system. In Vedic mythology, Manu, or Manus, as he is also called in the Rig-veda, is the heros eponymos of the human race, and by his nature belongs both to gods and to men. As a divine being he is described as the son of the Aditya Vivasvat and of ' the female of equal colour,' whom Vivasvat's wife, Sara;/yu, made to take her place \ or as the offspring of Svayambhu, self-existent Brahman 2. In the same quality he is invoked at the sacrifices as pra^apati, the Lord of created beings ^ and in Kutsa- yana's hymn of praise, which is quoted in the Maitrayawa Brahma;/opanishad (V, 1), he is identified with Brahman, the supreme Soul ^ In the systematised theology of the Nairuktas he appears as one of the deities residing in heaven ^ His human character comes out still more frequently. He is named in the Rig-veda together with other sages of a remote antiquity ^ the Taittiriya-sawhita speaks of him as of the father of a family who divides his estate among his sons^ and the 5atapatha-brahma;^a opens one of its legends regarding him with a passage which repre- sents him as following the usual daily customs of men ^ Manu's position as the progenitor of mankind is usually 1 Valakhilya IV, i; Atharva-veda VIII, lo, 24; ^'at. Br, XIII, 4, 3, 3; and Nirukta XII, 10. , , •, ■' See the Vedic .doka quoted Nirukta III, 4, about which more will be said below. A third account, Valakhilya III, i, makes him the son of Sa/;^vara«a, who possibly may be identical with the i??shi mentioned RV. V, 33, 10. 3 Taitt.Sawh. Ill, 2, 8, i ; IV, 1,9, i ; Va^-.Sawh.XI,66 ; Maitr.Sawh.II,?, 7. * The edition reads annaw, food. But Professor Max Miiller's MS. has cor- rectly Manu (S. B. E. XV, p. 303 note). My copy has H^t . 5 Nimkta XII, 33-34. * RV. I, 80, 16 ; 1. 112, 16, &c. T Taitt.Sawh. Ill, i, 9, 4. 8 5at. Br. I, 8, i ; Sacred Books of the East, vol. xii, p. 216, ' In the mommg they brought to Manu water for washing, just as they (are wont to) bring (water) for washing the hands.' Ivili LAWS OF MANU. indicated in general terms only. In the Rig-veda he is repeatedly called ' Father Manu '^.' In other passages we meet frequently with the assertion that ' the five tribes,' or ' these created beings,' or ' the races of men ' are his off- spring -. But in the famous legend of the flood, given by the vS'atapatha-brahmawa ^, we have a circumstantial account of the manner in which he produced the human race. According to that Brahmawa, Manu alone was saved by the advice of a fish from a great flood which destroyed all created beings. Being desirous of offspring he engaged in worshipping and in performing austerities. During this time he offered a Paka-ya^/Ta. His oblations produced a woman, I^T'a or I/a, a personification of the \dk ceremony and of ' the blessing of the sacrifice.' Though solicited by Mitra and Varu/^a to become theirs, she acknowledged herself Manu's daughter, and stayed with him. ' With her,' the Brahmawa concludes in somewhat ambiguous terms, ' he went on worshipping and performing austerities. Through her he generated this race, which is called the race of Manu.' Though this legend is alluded to in another Brahma;/a*, and repeated in later Sanskrit works, it maybe reasonably doubted whether it contains the original version of the production of mankind through Manu. It seems more probable that an older myth ascribed to him not a reproduction, but the first creation or procreation of the human race. Being the father of mankind, Manu is naturally con- sidered as the founder of social and moral order, as a ruler of men, and as a Rishi to whom sacred texts were revealed, as the inventor of sacrificial rites, and the author of legal maxims. We find, therefore, passages which assert that he was a king ^, which speak of his coronation, or make him 1 RV. I, 80, 16 ; I, 124, 2 ; II, 33, 13, &c. ^ RV. Ill, 24, 3 ; TaiU. Sawh. I, 5, i, 3 ; I, 5, 6, i ; III, 4, 22 ; III, 4.. 3, 7; VI, I, 5, 6, &c. ; .Sat. Br. XIII, 4, 3, 3. * Sacred Books of the East, vol. xii, pp. 216-219. * Weber, Indische Streifen, vol. i, p. 11, note 3. * See e.g. 6'alapatha-brahma«a XIII, 4, 3, 3, and RV. I, 112, 8. In the latter passage the epithet jura, the hero, characterises Manu as a royal personage. INTRODUCTION. Hx the ancestor of kings. Thus a Mantra, recited at the Abhisheka of a king\ asserts that Pra^apati formerly anointed Indra, Soma, Varu;m, Yama, and Manu, and among the mythical kings vSaryata is called Manu's son ^, while Pururavas is the offspring of Manu's daughter, Idsi or I/a^ In later times this ancient idea, which makes Manu the first king of men and the ancestor of kings, has led to his being placed at the head of mythical and of partly historical genealogies. From him springs Ikshvaku, the first king of the solar dynasty and the historical ATalukya, and A^ola kings name Manu as the founder of their families. Much more frequently the Veda alludes to, or explicitly mentions, Manu as the inventor of sacrificial rites. The Rig-veda contains a very large number of passages'* which speak of Manu's sacrifices, and of his having kindled the sacred fire, or invoked the gods to accept the offerings of the Rishis just as they accepted those of Manu. The same assertions are repeated in the Ya^r-veda'^, and the Sata.- patha-brahmawa (I, 5, 1-7) says very explicitly, ' Manu, indeed, worshipped with sacrifices in the beginning ; imitat- ing that, this progeny (of his now) sacrifices.' In addition to the fire-worship, Manu is also said to have invented the ^raddhas or funeral sacrifices. The chief passage bearing on this point occurs in Apastamba's Dharma-sutra II, 18, i, where it is stated that the gods went to heaven in reward of their sacrifices, and that Manu, seeing men left behind, ' revealed this ceremony, which is designated by the word 5raddha.' Though this passage is not marked as a quotation, its style clearly shows that it has either been borrowed from a Brahmawa, or that it gives a summary of ' Ait. Br.VIII, 8, 1. 2 ^'at. Br. IV, I, 5, 2 ; compare also Ait. Br. IV, 32 ; VIII, 21, where the name is 5aryata. ^ RV. I, 31, 4 ; X, 95 ; and Sut. Br. XI, 5, i, I. In the first passage I take manave in the sense of manavaya. * See Bergaigne, Religion Vedique, I, 62-70, where, it seems to me, a great many difficult passages have been explained more successfully than in the translations of other Vedists, who take the word manu too freely in the sense of man. * See e. g. Taitt. Sawh. I, 7, i, 3 ; II, 5'9>^'> ^H; 3. 2, 1 5 V, 4, 10, 5. Ix LAWS OF MANU. a longer story contained in such a work^ It is probably on account of this legend that ' Manu, the offspring of the Sun,' receives in the Mahabharata^ the epithet 5raddha- deva, which may be rendered either ' the deity of the vSraddha,' or, perhaps better, ' he whose deity is the 6"raddha, i. e. the 5raddha-worshipper.' Closely connected with Manu's position as inventor of sacrifices is the ancient myth, mentioned above, which makes him the father of Ida. ; and from the same idea spring probably the legends regarding his bull, whose voice destroyed the demons, and regarding the sacrifice of his wife, Manavi^. That Manu was credited with the revelation of Mantras has been stated above* in the remarks on the passages from the three redactions of the Ya^ur-veda and of the TaWya-brahma;?a. The older works, however, nowhere attribute to him entire hymns, but mostly small numbers of verses only. The same is the case in the Index of the ^z'shis of the White Ya^ur-veda, while the Sarvanukrama«i of the Rig-veda ascribes five entire Suktas, VIII, 27-31, to A Manu Vaivasvata, as well as a few verses to Manu Apsava and to Manu Sa;;/vara;/a. An interesting passage in the beginning of the last section of the yiTZ-andogyopanishad^ informs us that that work was revealed by Brahma (Hira- ?zyagarbha) to Pra^apati (Kaj-yapa), by Pra^apati to Manu, and by Manu to mankind. This legend proves that the ancient Vedic schools believed Manu to have taught more than a few verses and hymns. It also helps us to under- stand better the phrase of the four Vedic books quoted, 'All ^ If Professor Max Miiller, India, What can it teach us? pp. 234-235 and 365, thinks that Apastamba's passage betrays a consciousness of the later origin of the ^raddha rites, I am unable to follow him. It seems to me more pro- bable that it is only intended to explain the holiness and efficacy of the funeral sacrifices, and why they secure heaven for the worshipper and the worshipped ancestor. In the Brahma«as similar introductions, inwhicli the Devas play the part of Manu, are prefixed to the descriptions of most sacrifices. As the 5'raddhas specially concern men, the father of mankind is very appropriately represented as their inventor. ^ Mah. XII, 121, 29. ^ Sacred Books of the East, vol. xii, pp. 29-30 ; see also the passages and essays quoted there in note i. * See p. xvi. ° Sacred Books of the East, vol. i, p. 144. INTRODUCTION. Ixi Manu said is medicine.' As has been pointed out above, the assertion contained in this sentence is so general that it makes us suspect the existence of many sayings of Manu on rehgious subjects. Though the KMndogysi is probably not as ancient as the Sa;«hitas of the Ya^ur-veda, or even as the Ta^idya., and though it hence would be more than hazardous to assume that this very passage is alluded to in the latter, the idea that Manu acted as mediator between Brahman and mankind, and that he taught the way to final liberation, may yet belong to very early times, and may have been one of the causes which led to the sweeping generalisation. The same passages probably testify also to the early existence of the belief that Manu first settled the Dharma, which, as the preceding discussion shows, is but a natural outgrowth from the conceptions which make him the founder of the moral and social order of the world. The published Sawhitas and Brahma;zas contain, as far as I know, no explicit statement on this subject. But an allusion to' it seems to occur in the passage of the Taittiriya-sa;«hita which declares that Manu divided his estate among his sons. Baudhayana\ at least, has taken it in this sense, as he places it at the head of his rules on inheritance. The oldest direct testimony on this point is the 6"loka quoted in Yaska's Nirukta III, 4, which says, ' According to the sacred law the inheritance goes without a distinction to the children of both sexes, (that) Manu, the offspring of the Self-existent (Svayambhuva), has declared at the beginning of the creation 2.' The text shows the Vedic accents, the use of which appears to be confined to the Sawhitas and Brahma;/as. As the verse is emphatically called a 51oka, it cannot have been taken ' Sacred Books of the East, vol. xiv, p. 224. =* I do not share Professor von Roth's misgivings (Nirukta, Notes, pp. 24-26) regarding the genuineness of this verse, and of the whole legal discussion in sections 4-6 of the third book of the Nirukta. We know now that the views of the ancient authors on the succession of daughters differed very considerably. Hence the incidental discussion of this vexed question in the Nirukta need not raise any suspicion. Similar digressions are not uncommon in other Vedic works. The difficulty with respect to the compound r/kj-lokabhyam, in the words introducing the verse, disappears if it is taken as a Dvandva, and not, as Professor von Roth seems to do, as a Karmadharaya. Ixii LAWS OF MANU. from a work of the former class. It probably belongs to one of the lost accented Brahmawas. That it did not form part of the Manava Dharma-sutra follows, not only from the use of the accents, but also from its contents. Its doctrine does not agree with that of our Manu-smr/ti, which, with respect to the greater part of the rules on inheritance, may be considered as a faithful representative of the original Dharma-sutra. Though Manu IX, 131-139 strongly insists on the right of an appointed daughter, and, indeed, of every daughter who has no brothers, to succeed to the paternal estate, he nowhere lays down the rule, which, according to Yaska, is taught in our verse, that daughters under all circumstances share equally with sons. To daughters who have brothers Manu allots one-fourth of a share. In the Dharma-sutras the verses which contain the phrase ' manur abravit, thus Manu has said,' or equivalents thereof, become more frequent. The passages of Vasish///a and of i'ahkhayana in which it occurs have been discussed above. Two verses of this description are found in Baudha3^ana's Dharma-sutra (IV, i, 13; 2, 15), and a considerable number in Uj-anas' aphoristic Dharmaj-astra ^ In the Mahabharata^, in our Manu-smrztl itself, in the Narada-smr/ti^, and in other secondary law-books it is also of common occurrence. Its real meaning is, as Professor Hopkins (loc. cit.) has pointed out, no other than that the rule to which it is appended was thought to be ancient and indisputable. Hence it is sometimes used vicariousl)' for appeals to the teaching of the Veda* and of Pra^apati. That the cause of ^ Instances of this kind occur, especially in the 5'iacldhakalpa, chapter IV, >T^fiT ^T^ '^W. I ^^l^^m:g^^iT>. TlfwTTT^fa^tl^ (sic^ II (sic)n and in chapter VI, ■?r?i: ^^TT^TI^ ^Tjf^^ ^Tjf^^ I ^^- ^^>lTft!I fl^: ^PT>J^'V3^^1^ H ^STHraTfTT ^iftl >JraT^T: ^'^^^ " Proceedings of the American Oriental Society, October, 18S3, p. xix. ' J- Jolly, Tagore Lectures, p. 46. * Compare e.g. Vas. XVII, lo-ii, and Manu IX, 18^-3. INTRODUCTION. Ixiil its adoption was not the existence of a primeval Manava Dharma-s(itra or 5astra, but the behef in the revelation of the law by Manu is proved also by the wide divergence of the doctrines attributed to the father of mankind from each other and from the teaching of the Manu-smr/ti. These legends and mythological conceptions are amply sufficient to show why the special law schools should have directed their attention to the Manava Dharma-sutra, and should have chosen that in preference to other similar works as the basis of one of their text-books. Even if the author of the Sutra, who in the tradition of the Manavas^ is sometimes called Manv^Mrya and sometimes Manavi^arya, really was a historical personage named after the progenitor of men, and was considered as such by the adherents of his own school, yet a confusion between him and his mythical namesake was in course of time inevitable. Even Apastamba, who himself claims to be no more than a common sinful mortal, has not escaped the fate of being turned into a half-divine being by the authors of the Mahabh^rata^ and of the Pura;/as. 1 All I can adduce regarding the tradition of the Manavas is fonnd in some not very clear verses of the Mangala^ara;/as, prefixed to the two books of Ash/avakra's commentary on the GrzTiya-sutra. In the beginning of the prathamapurushabhashya he says, according to Professor Hang's MS. vMunich Roy. Lib. Sansk. MSS., No. 51), "JTHI >TT-a?^Tn[^] HTR^T^T^T'I ^l*. I ^^T: ^T^rPt" II My MS. omits the invocation of the Bhashyakara and of Manava- Hrya and reads in the last line ^Tl^T^TRlf^ ^"^^ ^T° II The dvitiyapuru- shabhashya begins, according to my MS., ^^^WT: PW^^ ^^HJ^WT'^H I WTT^T^FJ^T^T^: ^T5(nT^ Il^I(^rT: U <) II ^^R^i^ ^^^ fit ^^ ^ (?) ^t:^lft'][ I ^W ^J^ g ^^TIHTIJhI f^^T^f^ " ^ II ^TT^TC^f'T TTf ^^^ TT^T ^^ Tim^: 1 m^ ^^^^^ tw^ [i??t^^i^^ ^ ^^^^ifH^nw^ii^n In the first line of the second verse I propose to read W^T^^OT '^'^'T ^ 5?^ ^tj^ffl'^ and to translate, 'As the venerable Manava/rarya composed this (Siltra) by the favonr of Sarasvati, (even so) the (commentary) called Piirawa was carefully written by Ash/avakradeva after he had pleased Sarasvati, when one hundred years (of the Lokakala) were completed, in the season called the dewy one.' These verses seem to indicate that, according to the tradition of the Manavas, a historical ManavaX-arya or Manvaiarya composed the Grfhya.- sutra, which was also called B^-^Tiaddharma, by the special favour of the goddess Sarasvati. " SeeMah.XIII, 66, 12. Ixlv LAWS OF MANU. A Manu who composed a treatise on the sacred law which gained some notoriety was, therefore, sure of divine honours. As soon as the identification of the author of the Sutra with the father of mankind was made, it was a matter of course that the Manu-smrz'ti obtained a particularly high position, and was accepted as the paramount authority on the sacred law. The legends given above render us yet another service. They explain the origin of the seemingly contradictory statements of the Smr/ti regarding Manu. When he is represented there as a descendant of self-existent Brahman and a Pra^^pati who takes a prominent part in the creation, or as identical with the supreme Brahman ^, and on the other hand as a T^z'shi and as a king of the remotest antiquity, it is now patent that these conceptions have been taken over from Vedic literature and that, different as they are, they have all grown out of the one fundamental idea which makes the first man and progenitor a half-divine and half-human being, an assistant in the work of creation, and the founder of moral and social order among men. Some of the remaining elements of the myth of Manu, as told in the Smr/ti, are likewise clearly developments of Vedic ideas. Thus the interposition of the androgynous Vir^^ in Manu's genealogy (I, 32-33) is foreshadowed by a curious passage of the Atharva-veda, VIII, 10, where the female Vira^ is said to have been ' in the beginning this (whole world),' and to have yielded blessings to various classes of beings. According to verse 24, ' Manu, the son of Vivasvat, was her calf ^, when Pr/thi Vainya milked from her agriculture and grain-bearing plants.' It would, therefore, seem that Vira^, who repeatedly plays a part in Vedic cosmogony, was already there connected with Manu. Further, the substitution of seven or more Manus for one, has probably been caused, as the Peters- burg Dictionary (s. v. manu) suggests, by the diversity of the genealogies found in the various Vedic passages. It is even not improbable that the Vedic schools believed, when Kltyi- * The same identification occurs Mah. I, i, 32. ^ This statement alludes to the fact that Indian cows do not allow themselves to be milked, except when their calves stand by. INTRODUCTION. IxV yana composed his Sarvanukrama;nk^ of the Rig-veda, in the existence of several distinct Manus. Finally, the association of the ten great sages whom Manu Sviyam- bhuva created, and who in turn created other Manus (I, 34-36), in the work of creation, rests on such passages as those quoted by Apastamba II, 24, 3-6, 13, where suc- cessive destructions of the world are mentioned, and ' this creation is declared to be the work of Pra^^pati and of the sages.' But the complete development of the myth of Manu belongs to the schools of the Pauriwikas and Aitihisikas, and we find in the Pura;/as and in the Mah^bh^rata many legends which are partly identical with or closely related to that told in our Smrzti ^. The third problem, to say how the conversion of the Minava Dharma-sutra into our Manu-smrzti was effected, presents very considerable difficulties, and admits of an approximative solution only. It involves the consideration of three questions. First, which portions of our Manu- smr/ti are ancient and which are later additions ? secondly, whence have the additions been derived? and thirdly, whether they have been added at one time or successively ? In our attempts to distinguish between the old and the modern elements in our Manu-sa;«hit^ we must be guided, except where we have quotations from the old Dharma-sutra, by the analogies which the other existing Dharma-sutras furnish. For it may be assumed as a general maxim, that rules and other statements of our Manu, which find counterparts in the critically unsus- picious portions of the Satras of Gautama, Baudhdyana, Apastamba, and Vasish//^a, probably occurred also in the Minava Dharma-sutra. Single exceptions are, of course, possible, because, though the Dharma-sutras show a very decided class-affinity, they yet differ in the details. The one devotes greater attention to one subject, and the other to others. Hence it may be, that occasionally a rule which is found in the Dharma-sutras, nevertheless did not occur in the Manava-sutra, but was added on its » See H. H. Wilson, Vish«u-pura«a, vol. i, pp. 104-5 (ed. Hall) ; Professor Hopkins, Journal of the American Oriental Society, vol. xi, pp. 247-256. [25] e Ixvi LAWS OF MANU. revision. To a certain extent we may also avail ourselves of the Vish;m-smrz'ti for the same purpose. But a greater degree of caution will be necessary, as this work, though in the main a representative of the K^///aka Dharma-sutra, contains also an admixture of modern elements. On the other hand, those rules and discussions which cannot be traced in one of the old Sutras, are at least suspicious, and require careful consideration. The ultimate decision, if such passages have indeed to be considered as additions, must depend on various collateral circumstances. The safest criterion will always be the character of the ideas which they express. If these are entirely foreign to the Sutras or to Vedic literature, they may be confidently rejected as interpolations. A good deal depends also on their position and on the manner in which they fit into the context. Numerous cases will, however, remain doubtful. If we examine Manu's text according to these principles, the more important results will be as follows : — The whole first chapter must be considered as a later addition. No Dharma-sutra begins with a description of its own origin, much less with an account of the creation. The former, which would be absurd in a Dharma-siitra, has been added in order to give authority to a remodelled version. The latter has been dragged in, because the myths connected with Manu presented a good opportunity ' to show the greatness of the scope of the work,' as Medhitithi says. The table of con- tents, given at the end of chapter I, was, of course, also foreign to the original Sutra. Chapters II-VI, on the other hand, seem to represent with tolerable faithfulness the contents of the corresponding sections of the Mdnava Dharma-sutra. Nearly all the rules are found in the other Dharma-SLitras and in the Vish^m-smrzti, and more than three-fourths of the verses find counterparts in the aphorisms and verses of the older law-books. Nevertheless, the hand of the remodeller is not rarely visible. There are, besides the verses which announce the transition from one subject to the other ^, a considerable number of smaller and some ' These verses probably mark the subdivisions of the Adhyayas, the Ka/;alkas or Kha«^as of the ancient Stltra. INTRODUCTION. IxVli larger interpolations. To the latter belong, in the second chapter, vv. i-ii and w. 88-100. The first passage gives a philosophical account of the origin of actions (1-5), such as is not found in any older law-book ; further, a verse (v. 6) stating the sources of the sacred law, which is unnecessary on account of v. 12, and suspicious on account of the double description of the third source of the law, by the synonymous terms sila. and kkkvdi ^. The contents of the remaining verses, the praise of the Manu-smrzti (v. 7), the advice how the different authorities are to be studied (v. 8), the decla- ration of the reward for obedience to the revealed texts (v. 9), the definition of the terms 5ruti and Smriti, and the declaration of their authoritativeness, are likewise super- fluous, and clearly later enlargements. The second passage (vv. 88-100), which enumerates the organs of sensation and action and teaches the necessity of controlling them, inter- rupts the continuity of the text very needlessly, and has nothing whatsoever to do with the matter treated of. Among the smaller interpolations in this chapter, vv. 13, 16, 27, 28, 142, 143, 213-215, 221, and 239 must certainly be reckoned. It also seems probable that the passage on the importance of the syllable Om, of the Vyihr^tis, and of the S^vitri (vv. 76-87), as well as that on the humility and meekness required of a Brihmawa (vv. 160-163), and that on the worship due to parents and a teacher (vv. 225-237), have been enlarged^, though in each case something of the kind may have occurred in the Dharma-sutra. In the third chapter, there is one longer passage (vv. 192-201) which, beyond all doubt, has been added by a later hand. For the classification of the Manes, which it contains, is in this form foreign to Vedic literature. More doubtful are the discussions on the duty of conjugal intercourse (vv. 46-50), on the honour due to women (vv. 55-60), on the excellence of the order of householders (vv. 79-80), and on the results of inviting sinners and men of bad conduct to >SrAddhas (vv. 169-182). Possibly the ancient Sutra contained hints on some of these subjects, but it is most improbable that it ^ See note to the translation. e 2 Ixviii LAWS OF MANU. should have entered into all the details which our text gives. The passage on the householders has probably been placed wrongly. Most of its verses ought to stand in the discussion on the relative importanceof the orders at the end of chapter VI. In the fourth chapter the first section on the means by which a Br^hmawa may subsist (vv. 1-24) is exceedingly suspicious. The Dharma-sutras, e.g. Vasish///a XII, 2-4, no doubt sometimes prefix brief hints on the manner in which a Sn^taka may support himself, to the rules regarding his behaviour. But they do not mention the curious classifica- tion of the means of subsistence, i?zta, Amrzta, Mrzta, Pramr/ta, and vSvavrztti (vv. 5, 6), which, though common in the Pur^was and other later works, is unknown in Vedic literature. As, moreover, Vasish///a's rules, which enumerate the persons by whom a Snitaka may be supported, occur further on (IV, 33-34), it is not improbable that the whole section consisting of the first twenty-four verses is a later addition. With still greater certainty the same may be said of vv. 85-91, which describe the heinousness of the offence committed by him who accepts gifts from a royal usurper and other wicked persons, and enumerate the twenty-one hells which will be the offender's portion. For it is not doubtful that, even if the Sutrakiras were acquainted with a classifi- cation of the regions of punishment, their enumeration ought not to stand here, but, as in the Vish^^u-smrzti, at the beginning of the section on crimes and penances. Other probable interpolations are vv. 172-174 on the results of sin, vv. iTavalkya and N^rada. This section seems to have grown out of those legal rules in the Manava Dharma-sutra which did not fit into the system of the eighteen titles. But, as very few verses only correspond to rules of the Dharma-sutras, its ancient portion is probably small. The greater part of its contents is made up of repetitions and additions inserted by the author of the remodelled version. The rules on times of distress, given in chapter X, differ considerably from those of the Dharma-sutras, as they in- clude also the theory of the descent of the mixed castes. The older works treat this subject either in connexion with the law of marriage or with the rules of inheritance. Considering the great inequality which the Sutras show in the arrangement of the various topics, it is, however, not impossible that the Manava Dharma-sutra placed the section on the mixed castes just before the apaddharmas, and that the author of the metrical version combined both in one chapter and gave them a common title. But it is not in the least doubtful that the treatment of the subject in the former work must have been very different from that which it receives in vv. 1-74. The Dharma-sutras enumerate either one or two sets of mixed castes, briefly indicating their origin, and, sometimes, their modes of life. They also add a few verses or rules regarding the changes to be Ixxii LAWS OF MANU. attained in successive generations, as well as regarding the manner in which men of low descent may be detected. Our Manu-smr/ti, on the other hand, is much more minute in its details, and introduces a good many new names of which the Sutras know nothing. These additions have probably expanded the section to three times its original extent. The immediately following rules, w. 75-100, on the occupations of the castes and their manner of subsisting in times of distress, agree, in the main, with the Sutras, and seem to have been changed very little. But the supple- mentary notes on the same subject, vv. 101-131, are probably additions made on the revision of the work. The few ancient rules which they contain are partly repetitions of matters already discussed (e. g. vv. 113-114) and partly misplaced (e. g. vv. iii, 11 5-1 17, 119)^. The eleventh chapter is again, like chapters II-VI, in all probability a faithful representative of the corresponding portion of the Manava Dharma-sutra. We find here again that the great majority of the rules corresponds to those of the Dharma-sutras and of the Vish;/u-smr/ti. The agreement with the latter is particularly close, and appears especially in the classification of crimes, the enumeration of the diseases caused by offences committed in a former life, and in many details referring to penances. Curious and against the practice of the older works is the combination of the rules on gifts and the performance of sacrifices, vv. 1-43, with the section on penances. The excuses which the commentators offer for this anomaly ^ are, I fear, insufficient to explain it. It seems more probable that here, as in the preceding chapter, two separate sections of the original work have been welded together into one Adhyaya. In favour of this view it may be pointed out that in Gautama's Dharma-sutra, XVIII, 28-32, a number of rules, corres- ponding to Manu XI, 1 1-23, stand just before the Praya- sl'ittakanda.. A passage of the Mahabharata, which will be ^ A characteristic sign of the great changes which chapters VII-X have undergone consists in the alhisions to legends famous in the Pura/;as and the Mahabharata ; see also below, p. Ixxix. - See note on Manu XI, i. INTRODUCTION. 1 XXIU discussed below, shows exactly the same combhiation as our Smriti. The twelfth chapter, finally, is certainly almost entirely due to the author of the metrical version. Its contents are partly foreign to the Dharma-sutras and partly repetitions. The classification of actions and existences as sattvika, ra^asa, and tamasa, i. e. as modified by the three qualities of Goodness, Activity, and Darkness, finds no place in the older law-books. It is based on the doctrines which are taught in the Saw^khya, Yoga, and Vedanta systems, and some traces of which are found in the Maitraya«abrahma;/o- panishad^. Equally or similarly minute details are, how- ever, to be met with only in the Pura;?as, the Mahabharata, and some of the metrical Smrz'tis, which blend philosophical ideas with the sacred law. The next following discussion on the karmavipaka, the results of sinful acts in future births, vv. 51-81, is altogether wrongly placed. It evidently ought to stand in the beginning of the section on penances, where Vish;m and Ya^;7avalkya have a number of corres- ponding Sutras and verses. As it is found in the Manu- smrz'ti in a different position, it is most probably an addition made on the revision of the work. The section on the means of attaining supreme bliss, vv. 82-104, returns to the questions which have already been discussed in the fourth and sixth chapters, and adds nothing that is new. The long peroration at the end, vv. 1 16-126, cannot have formed part of the Dharma-sutra, as it again refers to the myth concerning the origin of the 5astra, narrated in the spurious first chapter. But the small piece on the manner of deciding doubtful legal questions, vv. 105-115, belonged probably to the original work. To this conclusion point its close agreement with the rules of the Dharma-sutras, and the circumstance that Gautama also places the corres- ponding Sutras just at the end of his work. If thus it is extremely probable that the contents of more than half the verses in our Manu-smrzti cannot have been derived from the ancient Manava Dharma-sutra, we ^ Maitr. Up. Ill, 3, 5, 6 ; compare Manu XII, xii, 32-33. Ixxiv LAWS OF MANU. have now to face the question whence this large amount of additional matter has been taken. A clue to the solution of this problem is furnished by the peculiar relation of the Manu-smrzti to the Mahabharata, which undoubtedly is one of the most ancient metrical works of Indian literature, and the great storehouse of the earliest forms of post-Vedic mythology and doctrine. The connexion existing between these two works, and its importance for the history of the Institutes of Manu, has been recognised by most San- skritists who have directed their attention to the investiga- tion of the origin of the secondary Smrz'tis. Many years ago Professor Weber ^ pointed out that the Mahabharata contains not only a number of quotations from Manu, some of which are found either with or without variations in the existing Smrz'ti, while others are not traceable, but also a considerable number of verses, not attributed to Manu, which, nevertheless, are included in the Dharma^astra. He inferred from these facts that the existing Manu-smr/ti cannot have been extant in its present shape even at the period to which the later portions of the Mahabharata belong, and that the author or authors of the latter work must have known and used an older redaction of Manu's law-book. Another conclusion, based on the agreement of numerous 51okas, especially in the twelfth and thirteenth Parvans of the great epic with verses of the Manu-smrzti, has been drawn by Rao Saheb V. N. Ma;id\[k", who is convinced that the editor of the latter has drawn, to a large extent, on the former work. Of late Professor Hopkins^ has made a careful analysis of the quotations from Manu found in the Mahabharata. According to him, their number is thirty-three, among which seventeen are traceable, five being verbal quotations, the rest agreeing in doctrine only. His explanation for the untraceable quota- tions is not that they have been taken from an older recension of the Manu-smr/ti, but that a floating mass of ' History of Indian Literature, p. 279 ; compare also Professor Stenzler in the Indische Studien, vol. i, p. 245. * The Mayukha and Yaf«avalkya, introd. to Yzgn. p. xlvii. * Proceedings of the American Oriental Society, October, 1883, pp. xix-xx, and now Journal of the American Oriental Society, vol. xi, p. 257 seqq. INTRODUCTION. b XXV unwritten sayings of Manu existed, some of which were incorporated with the Dharma-sutra of the Manavas in its revision, while others were not. He also notices the fact that our Manu-smr/ti contains many verses which occur also in the Mahabharata without being attributed to Manu, as well as some which are ascribed to other authorities. These somewhat divergent results of my predecessors show very clearly that the Mahabharata may be expected to render some assistance for the solution of our problem. But they indicate also that the utilisation of the facts which it offers requires some caution. In resuming the enquiry into the relation of the two works and its bearing on the history of our Manu text, the first point to be ascertained is, whether the Mahabharata really mentions a law-book of Manu^ and whether this work is identical either with the ancient Dharma-sutra or with the existing Smrz'ti, or if it differed from both. According to what has been said above ^ regarding the ancient belief ascribing the settlement of social and religious institutions to the Father of mankind, and the real meaning of the phrase 'thus Manu has spoken,' it is evident that Professor Hopkins has correctly distinguished between sayings of Manu on religious and legal matters, and law-books attributed to him, and that he is right in refusing to recognise in every mention of Manu's name a reference to a Smrz'ti of his. Hence the number of passages useful for comparison is very much restricted. Those only which explicitly mention a vSastra of Manu are really indisputable evidence. The estimation of the value of the remainder must depend on collateral circumstances. Quotations of the former kind are not numerous in the Mahabharata. Nevertheless, some do occur in the twelfth and thirteenth Parvans, and they clearly prove that the authors of these books knew a Manava Dharmaj-astra not identical but closely connected with our Smr/ti. Thus we read, Mali. XH, 56^ 23-25, where the power of Brahma7/as is being described, ' High- minded Manu likewise, O king of kings, sang two 6"lokas in his Laws (sveshu dharmeshu), those, O descendant of Kuru, ^ See p. Ix. Ixxvl LAWS OF MANU. thou shouldst keep in thy heart (23). Fire sprang from water, Kshatriyas from Brahma;/as, iron from stone, the all-penetrating power of these (three) has no effect on that whence they were produced (24). When iron strikes stone, when fire meets water, when a Kshatriya shows hostility to a Brahma;/a, then these (three assailants) perish.' Again, Mah. XIII, 46, 30-36, in a discussion on the prerogatives of a Brahmawa's Brahma;/i wife who, we are told, is alone entitled to attend her husband and to assist him in the performance of his religious duties, the conclusion runs as follows: 'And in those Institutes which Manu proclaimed (manunabhihitaw jastram), O great king, descended from Kuru, this same eternal law is found (35). Now if (a man) out of love acts differently, O Yudhish///ira, he is declared to be (as despicable as) a Ka;ida.la. (sprung from the) Brahmawa (caste 36).' Nothing can be clearer than these two passages. The second speaks plainly of a 5^stra pro- claimed by Manu, and the first of his Dharma/it, a word in the plural, very commonly used to denote a book on the sacred law. Moreover, the second is clearly a paraphrase of Manu IX, 87, and reproduces its second line to the letter. Of the two verses quoted in the first, one agrees with Manu IX, 321, but the other one is not traceable. While these two quotations would seem to indicate a very close connexion between the Manava 5astra of the Maha- bharata and our Smrzti, a third from the Ra^adharmas of Manu Pra/^-etasa— i. e. from the section on the duties of kings belonging to the Manava^ — reveals a greater dis- ^ Though I will not deny that some show of argument might be made for the supposition that the Ra^adharmas of Manu Pra/etasa were a separate work, different from the 5astra referred to in the preceding quotations, because the epithet PraZ-etasa is here added to Manu's name, and because at Mah. XII, 38, 2, we find Manu Pra-^etasa named as the author of a Ra^J-astra in company with Br/haspati and U^anas, to whom separate Niti^fastras were attributed, I yet hold this to be improbable. For the legends regarding the descent of the lawgiver Manu vary in the Mahabharata. He is in other passages sometimes called Svayambhuva, and sometimes (e. g. XII, 349, 51) Vaivasvata. Further, a sepa- rate Nitij-astra of Manu is not quoted elsewhere. On the other hand, the section on the duties of kings bears in every law-book the separate title R.V'idharma//, and the commentators of our Manu-smr/ti call its seventh chapter expressly by this name. INTRODUCTION. IxxVlI crepancy. We read, Mah. XII, ^"^^ 43-45, ' And the following two verses are pronounced^ by Manu Pra/C'etasa in the Law of kings, listen to them attentively, O lord of kings ! (43.) A man should abandon, like a leaky ship in the ocean, the following six persons, — a teacher who does not instruct, a priest unable to recite the Veda, a king who affords no protection, a quarrelsome wife, a herdsman who loves to stay in the village, and a barber who seeks the forest.' Neither of these verses is found in our Manu, though the latter inveighs against kings who do not protect their subjects (VII, 143-144). If we turn to the passages in which Manu — not his 6"astra — is named as an authority, I know only of one that may be confidently considered to contain a reference to a law-book. In the .Sakuntalopakhyana, Mah. I, 73, 8-13, king Dushyanta tries to persuade the reluc'tant object of his affections to consent to a Gandharva union by a dis- cussion of the law of marriage. He first briefly mentions the number of the marriage-rites (v. 8=*) and their names (vv. 8^-9=*) in the same order as Manu, and then goes on, ' Learn that among these (rites), as Manu Svayambhuva has formerly declared, the first four are lawful and recom- mended for a Brahma/m ; know, O blameless one, that six, according to their order, are lawful for a Kshatriya (9''-io). But the Rakshasa rite also is ordained for men of the royal castCj and the Asura rite is prescribed for Vai^yyas and vSudras. But among the (last) five, three are declared lawful and two unlawful (v. 11). The Paij-a/^a and Asura (rites) must never be used. According to this rule (marriages) must be concluded, this is the path of duty (v. 12). Do not question the legality of the Gandharva and Rakshasa (rites) for Kshatriyas. Without a doubt they may be used, be it separate or mixed ' (v, 13). The close verbal agreement of this passage with Manu III, 20-26, on the one hand, and its serious discrepancy with respect to a portion of the doctrine, make it, I think, very probable that it is a paraphrase or adaptation of a part ' The original has udahr/tau, which is ambiguous and may also mean ' quoted.' Ixxviii LAWS OF MANU. of a Manava Dharma^astra which closely resembled, but was not quite identical with, the existing text. Verse S*'- 9* agrees literally with Manu III, 21; and vv. 11^^-13 come close to Manu III, 25-26, But vv. 9''-!!*, though they have a certain affinity to Manu III, 23-24, show, neverthe- less, a considerable difference in doctrine. For Manu declares (v. 23) the first six rites to be lawful for a Brah- ma«a, the four following ones for a Kshatriya, and the same four, with the exception of the Rakshasa rite, for 6"udras and Vai^yas, while v. 24 says that the first four rites are recommended, and that the Rakshasa rite alone is per- missible to Kshatriyas, and the Asura to the two lowest classes. According to the Mahabharata, on the other hand, Manu approved of the first four rites in the case of Brah- ma^^as, and of the first six in case of Kshatriyas. To the latter he allowed also the seventh, the Rakshasa rite, and confined Vaii-yas and ^Sudras to the purchase of their A brides, the Asura rite. The most probable explanation of this contradiction seems to me the assumption that the text of Manu, known to the author of the Upakhyana, slightly differed from that which we find at present. Another passage is more doubtful. Mah. XIII, 61, 34-35, various opinions are enumerated with respect to the question how large a share of the guilt incurred by ill- protected and ill-governed subjects falls on the king ^ The decision is that, according to the teaching of Manu, the negligent ruler is loaded with a fourth share. This doctrine, which is found also in other passages of the Mahabharata, contradicts that taught in our Manu-smrz'ti as well as in the older Dharma-sutras, where a sixth part of the sins com- mitted by subjects is said to fall on their lord. The cir- cumstance that several opinions are contrasted may be used as an argument for the opinion that here, too, an individual law-book of Manu's is referred to. If that were so, the passage would reveal another remarkable discrepancy between the older and the present texts. But to my mind INTRODUCTION. Ixxix it seems, just because the teaching of our Manu agrees with the Dharma-sutras, more probable that the author of the Mahabharata makes here, as in other cases, a random appeal to Manu's name merely in order to give weight to his peculiar opinion. There are two other longer pieces in the Mahdbhirata which are ascribed to Manu. In one case it is perfectly evi- dent that there exists no connexion with our Smr/ti. The philosophical conversation between Manu and Br/haspati, which fills chapters 200-206 of Mah. XII, has neither any distinctive doctrines nor any verses in common with the Manava Dharma^astra. On the contrary, it shows a leaning towards the Vaishwava creed. With respect to the second passage, Mah. XII, ;^6, 3-50, a doubt is at least possible. It contains an ' ancient legend ' (pur^«a itih^sa), narrating how Manu revealed in the be- ginning to the sages the law regarding food, and some miscellaneous rules concerning worthy recipients, gifts, Veda-study, and penances. Manu's speech consists of forty-five verses, among which two agree fully and five partly with 51okas of our Smriti ^. But one of the fully agreeing verses (v. 46) occurs also in two Dharma-sutras, and belongs, therefore, to the traditional lore of the Vedic schools. Though the remainder is not traceable in the older works, the faintness of the resemblance makes it, I think, more probable that the Mahibhirata accidentally attributes to Manu verses now read in his Smrz'ti, than that its author extracted them and the whole piece from a Minava 5^stra. But whatever may be the correct interpretation of the mention of Manu in these passages, it remains indis- putable that the author or authors of the first, twelfth, and thirteenth Parvans of the Mahibh^rata knew a Mdnava Dharmaj-^stra which was closely connected, but not identical with the existing text. The latter must, therefore, as Pro- fessor Weber has pointed out, be considered later than ^ Mah. XII, 36, 27 = Manu IV, 218 ; first pada of ver. 28* = first pada of Manu IV, 220; ver. 2 8'' = Manu IV, 217"; first pada of ver. 29a' = first pada of Manu IV, 210''; ver. 46 = Manu II, 157; ver. 47^ = Manu 11,158*. IXXX LAWS OF MANU. these ' latest portions of the epic' The latter conclusion is, it seems to me, confirmed by some indications in the Smrzti which point to an acquaintance with the Mah^bh^- rata. The warning regarding the consequences of gambling, Manu IX, 327, certainly presupposes a knowledge of the legend of the Kurus and Pa;/<^avas. When it is stated there that ' in a former Kalpa the vice of gambling has been seen to cause great enmity,' this assertion can only point in the first instance to the match played between Yudhish- t/iira, and Duryodhana, which was the immediate cause of the great war. It may also contain, as some commentators think, an allusion to the fate of king Nala, but that can only be a secondary meaning, because war was not the result of his gambling. More significant than this passage is the fact that in chapters VII-X of the Manu-smr/ti a number of legends are quoted in illustration or in support of rules which, as the commentators repeatedly assert ^, are taken from the Mah^bharata, and that in one case just those which are mentioned in one verse of Manu (IX, 314) are found close together in the same chapter of the MahA- bhdrata. This relative position of the two works might induce us to assume with Rao Saheb V.N. Ma.7id\ik. that the Mahabharata had a direct influence on the final redaction of the Manu- smrz'ti, and that the author of the latter appropriated from the former the very large number of identical verses which in the MahcLbh^rata are not ascribed to Manu. Tempting as the hypothesis of the dependence of the Smrz'ti on the epic is, because it would account for the adoption of the Anush/ubh metre in the latter, a careful examination of the corresponding passages leads to a very different result. On going over the third, twelfth, and thirteenth Parvans of the Mahabharata I have succeeded in identifying upwards of 260 verses or portions of verses, not attributed to Manu, with vSlokas of the Manu-smr/ti. This number, which corresponds to about one-tenth of the bulk of the latter work, would no doubt be considerably swelled by a comparison of the remaining portions of the epic, and 1 See notes to VII, 41 ; VIII, 1 10 ; IX, 23, 1 29, 314-315, &c. INTRODUCTION. 1 XXXI it may be that even in the Parvans examined some iden- tical pieces have escaped my notice. The number of the verses which has to be compared is so enormous that mistakes are easily possible ; but the identifications made are amply sufficient for the purpose of illustrating the rela- tion between the two works. The corresponding passages vary considerably in extent, from a single pada or a single line to sections of twenty to forty verses. Where larger sections agree, it is rare that more than half-a-dozen verses stand in the same order in both works, and it happens not rarely that a series of identical 51okas is interrupted by the expansion of one verse into two, or by a contraction of two into one. Further, the purpose which an identical line or verse is made to serve sometimes differs, and sometimes a various reading alters its sense entirely. The various readings are exceedingly numerous, and the better one is sometimes found in the Mahabharata and sometimes in Manu. If we enter on a more detailed analysis of the corresponding passages, there are three cases in which one or two consecutive chapters of the Mahabharata contain from twenty to forty verses which occur in our Manu. Mah. XII, 232-233 include the greater portion of Bhrzgu's account of the creation and some of the verses, said to have been enunciated by Manu himself on the same subject, i. e. Manu I, I8^ 20, 28-29, 64-78, 81-86. Further, Mah. XIII, 48, 14-44 gives a portion of Manu's definitions of and rules regarding the mixed castes, and contains the verses X, 27-32, '^f', 34-37, 3^% 39-40> 50, 52'', 58-60, and 62, mostly with considerable variations, and vSlokas resembling Manu X, 42-43 are found Mah. XIII, Z^, 21-22, and ^S, 17-18. Finally, Mah. XII, 165, which treats of gifts, sacrifices, and penances much in the same manner as the eleventh chapter of Manu, exhibits, mostly in the beginning, the fol- lowing verses, partly in somewhat different versions, XI, 2**, 3^ 4^ 7. 11-17, 20, 22^ 23^ 27% 29-31, 34-40, 9I^ 105, 150, 177'', 181, 207. The general sense of some other .Slokas corresponds without a real agreement in words, and the same chapter of the Mah. contains also vv. 31^ and 32% [25] f Ixxxii LAWS OF MANU. three-quarters of Manu II, 238, and v. 68^ the first half of Manu III, 172. Equivalents of Manu XI, 44, 74, 76^ 77, 84 are found Mah. XII, 34, 2 ; ^^, 4-6 ; 263, 45*^-46^. Among other somewhat longer corresponding passages the following are the most noteworthy. Portions of the discus- sion on the reverence due to parents and teachers, Manu II, 229-234, occur Mah. XII, 108, 5-12. The rules regarding the disposal of the fee at an Arsha wedding and the respect to be shown to females are found Mah. XIII, 45, 20 ; 46, 1-7, and some verses, Manu III, 134-135, 140-142, 158- 159, 172, 180-181, 184-185, from the section on 5raddhas, Mah. XIII, 90, as well as fragments of III, 267-274 in the beginning of Mah. XIII, 88. The warning against quarrels with relatives, Manu IV, 179-185, is repeated Mah. XII, 244, 1 4*^-2 1^ A number of the rules applicable to the ascetic, Manu VI, 42-48, 57^, 58^ reappears in the beginning of Mah. XII, 246 and 279, while Manu VI, 49 is read Mah. XII, 331, 30. The sketch of the state administration, Manu VII, 115-122, is given mostly in the same w^ords, Mah. XII, 87, 3-1 1^ and the same chapter contains also closely agreeing precepts regarding taxation together with the verses Manu VII, 127 and 139^ The remainder of the corresponding passages ranges between triplets and single feet of 6"lokas, and is scattered over all the twelve chapters of Manu. The portions of the Mahabharata where we chiefly meet with them, are III, 94, 180; XII, 15, 244-245, 265; XIII, 44-46, 90, 104-105, 115, 152 ^ In order to complete this sketch of the relation in which the two works stand towards each other, it will be advisable to give one of the three longest corresponding passages in full, and to carefully note both the points of contact and of difference. The piece most suitable for such a comparison is that from the first book of Manu. For the latter doubt- lessly belongs to the additions made by the editor of the metrical version, and its account of the creation presents numerous problems which have sorely puzzled the com- ' It is impossible to give here more than these general indications. A more complete list of the verses of the Manu-sm;7ti occurring in the Mah. will be found in the Appendix. INTRODUCTION. Ixxxlii mentators. The solution of some of these difficulties is furnished by the corresponding passage of the Mahabharata. This passage occurs in an account of the creation, com- municated by Vyasa-Krzsh;/a-Dvaipayana to his son 6"uka, which Bhishma narrates to Yudhish///ira. Mahabharata XII, 232. 11. Vyasa said: In the com- mencement exists the Brahman without beginning or end, un- born, luminous, free from decay, immutable, eternal, unfathom- able by reasoning, not to be fully known. 12. Fifteen nimeshas\ (twinklings of the eye are) one kashMa', but thirty kash- //ias one should reckon as one kala ; moreover, thirty kalas and that which may amount to the tenth part of a kala shall be one muhurta ; 13. Thirty muhurtas shall make a day and a night — that number has been fixed by the sages; a month is declared (to consist of) thirty nights and days, and a year of twelve months. / 14. But those acquainted with calculations call two progresses of the sun, the southern and the northern one, a year^. 15. The sun divides the days and nights of the world of men^, the night (being intended) Manu I. 64. Eighteen nimeshas (twinklings of the eye are one kashMa^), thirty kash/Ms one kala, thirty kalas one muhilrta, and as many (mu- hurtas) one day and night. 65. The sun divides days and nights, both human and di- vine, the night (being intended) ^ Regarding the difference between the two computations, see Wilson, Vish?2U-pura«a I, 47 (ed. Hall). -' The verse marked as 14 in the Bombay edition consists of a single line only. ^ The reading of the Mahabharata, manushalaukike for manushadaivike, seems the better one. f 2 1 XXXIV LAWS OF MANU. for the repose of created beings and the da}' for exertion. 1 6. A month is a day and a night of the manes, but their division (is as follows): the bright (fortnight)^ is their day for active exertion, the dark (fortnight) their night for sleep. 17. A year is a day and a night of the gods ; the 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. 18. Counting the sum of\ years (consisting) of those hu- man days and nights which have been mentioned above, I will declare (the duration of) a day and night of Brahman. 19. I will declare severally and in due order the totals of the years in the Kr/ta, Treta. DvSpara, and Kali ages'-. / 20. They declare that the Krna age (consists of) four thousand years (of the gods); the twilight preceding it con- sists of as many hundreds, and the twilight following it of the same number. 21. In the (other) three ages. for the repose of created beings and the day for exertion. 66. A month is a day and a night of the manes, but the division is according to fortnights. The dark (fort- night) is their day for active exertion, the bright (fort- night) their night for sleep. 67. A year is a day and a night of the gods ; the 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. 68. But hear now the brief (description of) the duration of a night and day of Brahman and of the several ages (of the world) according to their order. 69. They declare that the K/7ta age (consists of) four thousand years of the gods ; the twilight preceding it con- sists of as many hundreds, and the twilight following it of the same number. 70. In the (other) three ages, ^ The reading of the Mahabharata is obviously faulty, as it is well known that the dark fortnight is, accoiding to the Hindus, the day of the manes. The fault lias probably arisen by an accidental transposition of the words .fukla// and kn'shftzk. The second var. lect. of the Mah. iayo/i puna/^ for tu pakshayo// is less intelligible than Manu's, because a substantive is required to which .rukla/^ and krishna./i can be referred. ^ It is a particularly significant fact that in spite of the great difi'ertnc^ between the two works, both show the intercalation of a fresh exordium. INTRODUCTION. Ixxxv with the preceding twi- lights and in the twilights following them, the thousands and hundreds are diminished by one -fourth (in each)^ 22. These support the eternal, everlasting worlds ; this is known as the eternal Brahman to those who know Brahman. 23. In the Kr/ta age Dharma is four-footed and entire, and (so is) Truth ; nor does any gain which is opposed to that (spirit of justice) accrue by unrighteousness ^ 24. In the other (three ages), by reason of (unjust) gains, Dharma is deprived successively of one foot, and unrighteous- ness increases through theft, falsehood, and fraud. 25. (Men are) free from dis- ease, accomplish all their aims, and live four hundred years in the Kn'ta. (age); but in the Treta age (and the follow- ing ones) their life is lessened by one quarter in each^; 26. And the doctrines of the Veda decrease, as we with their twilights pre- ceding and following, the thousands and hundreds are diminished by one (in each). 81. In the Kn'ta age Dharma is four-footed and entire, and (so is) Truth ; nor does any gain accrue to men by unrighteous- ness. 82. In the other (three ages), by reason of (unjust) gains, Dharma is deprived successively of one foot, and through (the prevalence of) theft, falsehood, and fraud the merit (gained by men) is diminished by one-fourth (in each). 83. (Men are) free from dis- ease, accomplish all their aims, and live four hundred years in the Krzta (age), but in the Treta and (in each of) the succeeding (ages) their life is lessened by one quarter. 84. The life of mortals, men- tioned in the Veda, the de- ' The reading of Manu, sasawdhyawjeshu M for sawdhawi-eshu tata';, seems preferable, but his ekapayena is inferior to the ekapadena of the Mahabharata. " Nilaka«///a explains agama in this verse and the next by ' doctrine.' I translate it by 'gain,' in accordance with the rendering adopted for Manu, but willingly acknowledge that the other rendering is possible in both works, and that the meaning may be 'nor does any unrighteous doctrine, opposed to that (Dharma), prevail' (Mah.), 'nor is any unrighteous doctrine spread among men ' (Manu). ^ The reading krhe tretayuge tvesham instead of Manu's k;7te tretadishu hyesham is more archaic. 1 XXXVl LAWS OF MANU. hear, in each successive age, as well as the lives (of men), their blessings (ajisha/2), and the rewards which the Veda yields^ sired results (ajisha^) of sacri- ficial rites, and the (super- natural) power of embodied (spirits) are fruits propor- tioned among men accord- ing to (the character of) the age^ 27. One set of duties (is pre- scribed) for men in the Kr/ta age, different ones in the Treta and in the Dvapara, and (again) another (set) in the Kali age, in proportion as (those) ages de- crease in length. 28. In the K;-/ta age the chief (virtue is the performance of) austerities, in the Treta (di- vine) knowledge is most ex- cellent, in the Dvapara they declare sacrifices (to be best), in the Kali liberality alone. 29. The wise know such (a period of) twelve thousand (divine) years (to be understood by) the term an age (of the gods); that (period) being multi- plied by one thousand is called a day of Brahman. 30. (Know his) night to be as long I At the beginning of that (day) the lord who is the Universe finally awakes, after having entered deep meditation * The Sanskrit text of the two .S'lokas agrees somewhat better than the trans- lation. It looks as if neither of them was the original version, which probably declared that the age of men, their blessings, and the rewards of deeds, such as they are promised in the Veda, diminish in each successive age. Another ver- sion, which almost exactly agrees with Manu's, occurs Mah. Ill, 200, 115. - llolh the Mah. and Manu have the accusative case ratrim, which does not agree with the preceding verb g-rieyam (Manu) u/tyate (Mah.) It would seem that both give adaptations of an older verse, where a word like ahu/i, which governed the accusative, occurred. Though the verb was changed, the further alteration of the case was forgotten. 85. One set of duties (is pre- scribed) for men in theKn'ta age, different ones in the Treta and in the Dvapara, and again an- other (set) in the Kali age, in proportion as (those) ages de- crease in length. 86, In the Kr/ta age the chief (virtue) is declared to be (the performance of) austerities, in the Treta (divine) knowledge, in the Dvapara (the performance of) sacrifices, in the Kali liberality alone. 71-72. These twelve thousand (years), which thus have been mentioned above 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 ^ INTRODUCTION. Ixxxvii and having slept during the period of destruction. 31. Those (only) who know that Brahman's day ends after (the completion of) one thousand ages (of the gods) and that his night lasts a thousand ages, are (really) men acquainted with (the length of) days and nights. 32, When imperishable Brah- man awakes at the end of his nisht, he modifies himself and creates the element (called) the Great One (and) from that mind which is discrete. 73. Those (only) who know that the holy day of Brahman, indeed, ends after (the com- pletion 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. Mahabharata II, 233. 1. Luminous Brahman is the seed from which single element this whole twofold creation, the immovable and the movable, has been produced. 2. Awaking at the beginning of his day, he creates the world by means of Ignorance — even first the element, (called) the Great One, (next) speedily mind which is discrete ; 3. And conquering here re- splendent (mind) which goes far, enters many paths, and has the nature of desire and doubt, creates the seven mind-born ones. 4. Mind, impelled by the de- sire to create, performs the work of creation by modifying itself; thence ether is produced; they declare that sound is the quality of the latter. 75. Mind, impelled by the de- sire to create, performs the work of creation by modifying itself; thence ether is produced; they declare that sound is the quality of the latter. Ixxxviii LAWS OF MANU. 5. But from ether, modifying 76. But from ether, modifying itself, springs the pure, powerful itself, springs the pure, powerful wind, the vehicle of all perfumes ; wind, the vehicle of all perfumes ; touch is considered to be that is held to possess the its quality. quality of touch. 6. Next from wind, modifying 7 7. Next from wind, modifying itself, proceeds the brilliant light itself, proceeds the brilliant light which illuminates and is white; which illuminates and dispels that is declared to possess the darkness; that is declared to quality of colour ; j)OSsess the quality of colour. 7. And from light, modifying 78. And from light, modifying itself, (comes) water which pos- itself, (is produced) water, de- sesses taste; from water smell clared to possess the quality and earth; (such) is declared of taste; from water earth, (to be)the creation of (them) which has the quality of all. 8. The qualities of each earlier-named (element) en- ter each of the later-named smell; such is the creation in the beginning. 20. Among them each succeeding (element) ac- quires the quality of the p re- ones, and whatever place (in ceding one, and whatever place the sequence) each of them oc- (in the sequence) each of them cupies, even so many qualities it is declared to possess'. 9. If some, perceiving a smell in water through a want of care, attribute (that quality to water), one must know that it belongs to earth alone, (and that it is) adventitious in water and wind. 10. Those Atmans of seven kinds ^, which possess various powers, were severally unable to create beings without fully uniting themselves. 11. These great Atmans, uniting and mutually combining occupies, even so many qualities it is declared to possess. ' The position of this verse in the Mahabharata makes the conjecture, put forward in the note to the translation, that the correct position of Manu I, 20 is after verse 78, exceedingly probable. ^ According to Nilaka;?///a, the seven Atmans, called above, ver. 3, the seven mind-born ones, arc Mahat, Ahawkara, and the five subtile elements. INTRODUCTION. Ixxxix with each other, entered the body ; hence one speaks of Pu- rusha [i. e. him who resides (usha) in a fortress (pur)]. 12. In consequence of that entering (jraya^/a), the body (i-arira) becomes endowed with a (perceptible) form, and con- sists of sixteen^ (constituent parts). That the great elements'^ enter together with the karman (merit and demerit). 13. Taking with him all the elements, that first creator of created beings (enters it) in order to perform austerities; him they call the lord of created beings. 14. He, indeed, creates the creatures, both the immovable and the movable ; then that Brahma creates gods, sages, manes, and men, 15. The worlds, rivers, oceans, the quarters of the compass, mountains, trees, men, Kinnaras, Rakshas, birds, tame and wild beasts, and snakes, the imperish- able and the perishable, both the immovable and the movable. 16. Whatever course of 1 8l». That the great elements enter together with their func- tions (karman) ^ 28. But to whatever course action they adopted in a of action the Lord at first former creation, even that appointed each (kind ot 1 The sixteen constituent parts are, according to Nilakaw/Zia, the five gross elements and the eleven organs. •^ NilakawMa takes mahanti bhutani, 'the great elements,' in the sense of ' the subtile elements, and the great ones, the mahattaltvas' (bhutani sukshma/n mahanti mahattatattvani). ' This line is a good example, showing how the same words of the ancient school- tradition were made to serve different purposes. XC LAWS OF MANU. alone ihey adopt in each sue- beings), that alone it has ceeding creation. spontaneously adopted in each succeeding creation. 17. They turn to noxious- 29. Whatever he assigned ness or harmlessness, gentleness to each at the (first) crea- or ferocity, virtue or sin, truth or tion, noxiousness or harmless- falsehood, according to the ness, gentleness or ferocity, disposition with which they virtue or sin, truth or falsehood, were (first) created; hence that clung(afterwards)spon- that (particular course of action) taneously to it. pleases each. The remainder of Vyasa's narrative, which continues through the following twenty-six verses, may be omitted, as, further on, it presents few points of contact with our Smrit'i. It must, however, be noticed that, according to verses 25-26, ' the Lord assigned to his creatures their names and conditions, in accordance with the words of the Veda.' This idea agrees with Manu I, 21, but the wording of the two passages differs very considerably. The lesson which the facts, revealed by the above dis- cussion, teach, is a double one. First, they clearly show that the editor of our metrical Manu-smr/ti has not drawn on the Mahabharata, but that the authors of both works have utilised the same materials. Secondly, they make it highly probable that the materials, on which both works are based, were not systematic treatises on law and philo- sophy, but the floating proverbial wisdom of the philoso- phical and legal schools which already existed in metrical form. The first point is so evident that it seems to me unnecessary to waste any more words on it. With respect to the second conclusion, I would point out that it is made unavoidable by the peculiar character of the differences found in closely connected 6"lokas, by the occurrence of identical lines and padas in verses whereof the general sense differs, and by the f^iint, shadowy resemblance in words and ideas, observable in other pieces. I may add, further, that the supposition that each special school pos- sessed such a body of metrical maxims is perfectly well founded. INTRODUCTION. XCl As has been repeatedly stated, the text-books of the ancient Vedic schools, the Sutras and the Upanishads, con- tain already a not inconsiderable proportion of Anush/ubh verses which sometimes recur in identical or slightly varying forms. Hence it is no more than might be expected that the teachers of the special schools should have continued in the path of their predecessors, and should have gradually augmented the stock of their ' Spruchweisheit,' until it extended to all legal and philosophical topics, and the accumulation of these detached verses made it easy and tempting to convert the old aphoristic handbooks into metrical treatises ^ The answer, which we are thus obliged to give to the question whence the editor of our Manu-sm/'/ti took his additional materials, agrees very closely with Pro- fessor Hopkins' hypothesis, who, as mentioned above, con- siders the law-book to be a conglomerate of the M^nava Dharma-sutra and of the floating sayings attributed to Manu, the father of mankind. The latter restriction seems to me unadvisable, because among the mass of correspond- ing pieces found in the Mahabh^rata comparatively few are attributed to the Pra^dpati, and because a Hindu who was ^ The probability of the existence of such a body of metrical maxims would become still more apparent, if it were possible to enter here on a comparison of portions of the older Purawas with the Mahabharata and the metrical Smritis, as well as on a detailed consideration of the ancient Buddhist litera- ture. Though the difficulty and magnitude of such a task forbid its being attempted in this Introduction, I cannot refrain from inserting a few general hints. The Purawas contain a good deal that is identical with or similar to passages of the Mahabharata and Manu, and it is in many cases impossible to assume that the corresponding verses have been borrowed from the latter works. The Purawas, some of which, like the Vayu, even in their present shape, go back to a very respectable antiquity, are popular sectarian compila- tions of mythology, philosophy, history, and the sacred law, intended, as they are now used, for the instruction of the unlettered classes, including the upper divisions of the .Siidra var«a, the so-called SaHVuidras. It was only natural that their authors should have appropriated suitable portions of the floating metrical wisdom of the philosophical and legal schools. The comparison of the ancient Buddhist literature is particularly instructive, because the Buddhists are a special philosophical school, and because their oldest works, though mostly consisting of prose, include a considerable number of i'lokas, among which a certain number, as, for instance, in the Dhamma- pada, shows affinities to verses of the Mahabharata and even of Manu. They probably took over a certain stock of ancient metrical maxims, and added a great number of new ones. XCll LAWS OF MANU. thoroughly convinced of the truth of the dogma that Manu first taught the sacred law, would not hesitate to ascribe to that sage all the maxims which seemed to him to bear the stamp of authenticity, even if others attributed them to different authorities. The answer to the next question, whether the conversion of the Manava Dharma-sutra was effected at one time or by degrees, and whether Bhr/gu's recension has to be considered as the immediate offspring or as a remoter descendant of the Sutra, must, I think, be answered, as has been tacitly assumed in the preceding discussion, in the ser^e of the first alterna- tive. Not long ago it seemed that the contrary opinion was the more probable one. But the closer one examines the facts which at first sight seem to lead up to the inference that Bhr/gu's Manu-sawhita forms the last link in a long chain of metrical Manu-smr/tis, the more one sees that they possess no, or very little, importance. On the other hand, those arguments which speak in favour of our text being, if not the first, at least one of the first attempts at a conversion of a Vedic school-book into a special law-book, gain by the same process in force and increase in number. The points which have been brought forward in order to prove that the existing text of Manu has suffered many recasts are, first, its numerous contradictory passages ; secondly, the explicit statement of the Hindu tradition in the preface to the Nirada-smrz'ti ; thirdly, the quotations from a Br/hat Manu and a Vr/ddha Manu met with in the medieval Digests of law ; and fourthly, the untraceable or partly traceable quotations from Manu's Dharmaj-astra found in some of the older Sanskrit works. The existence of these facts is undeniable. But it is not difficult to show' that they are partly useless as arguments, and partly, under a better interpretation, lead to quite other conclusions. Thus in weighing the value of the argument drawn from the occurrence of contradictory passages, two circumstances, which mostly have been left out of account, must be kept in mind : first, that it is a common habit of Indian authors to place conflicting opinions, supported by authorities of equal weight, side by side, and to allow an option, or to INTRODUCTION. XCUl mention time-honoured rules, legal customs, and social institutions, and afterwards to disapprove of them ; and secondly, that, as our Smr/ti is in any case a recast of an earlier Siitra, that fact alone is sufficient to account for contradictions. It has been shown above \ that some con- tradictory passages, such as those concerning the respective rank of the mother and the teacher, or regarding the per- missibility of certain marriage-rites, express conflicting views, mentioned also in the Dharma-sutras. The Manu- smrz'ti only reproduces the ancient opinions, but omits, possibly for metrical reasons, to mark them as belonging to different authors or schools. In other cases we may hesi- tate between two explanations. If we find, for instance, that our text in the third and ninth chapters^ violently A inveighs against Asura marriages, and in the eighth and ninth ^ lays down rules which presuppose the legality of the sale or purchase of a bride, we may assume that the first utterance is due to the editor of the metrical version, and that the second represents the more archaic doctrine of the Dharma-sutra. In favour of this supposition it may be urged that the Manava Grz'hya-sutra unhesitatingly admits the acquisition of a bride by purchase'^. But it is also possible that the Dharma-sutra itself contained both the condemnation of the custom and the rules regulating it. For similar contradictions occur also in other Sutras. Thus A Apastamba expressly forbids, in his sections on Dharma, the sale and gift of children and the procreation of Kshe- tra^a sons^. Yet, in his 6"rauta-sutra I, 9, 7, he gives a rule showing how the Finda.plb'iya.^n3i is to be performed by the son of two fathers (dvipita). Such a person can only be a Kshetra^a, a Dvyamushyaya;-;a Dattaka, or a Putrika- putra. If it is borne in mind that Baudhayana, on whose works Apastamba's Sutras are based, admits the afifiliation which the later member of his vidy^va/;wa rejects, the obvious explanation of the contradiction is that Apastamba. in spite of his disapproval of other than Aurasa sons, did ^ See p. xxiv. '^ Mann III, 25, 51-54; IX, 9S-100. ^ Manu VIII, 204, 224-225 ; IX, 97. * See above, p. xxxix. 5 Ap. Dh. S II, 13, II ; 27, 2. XCIV^ LAWS OF MANU. not venture to change the prescriptions which he found in the older 5rauta-sutra. Similarly, the supposition that the author of the ]\Ianava Dharma-sutra, though condemning Asura marriages, was umvilling to expunge the rules regu- lating the sale, is not at all improbable. It seems to be even better than the explanation proposed first. For the prohibition of the Asura rite occurs in the quotation found in the 5akuntalopakhyana, and the latter, as we shall see presently, in all probability refers to the Manava Dharma- sutra. Hence I think that at least the remarks made Manu III, 26 did stand in the ancient text. The other repetitions of the same sentiments may have been added on the revision. Another famous instance of a contradiction, Manu IX, 58- 70, where the appointment of a widow is first permitted and next forbidden, has probably to be explained in the same manner. If I here differ from Professor Jolly ^ and others, who ascribe the prohibition to the remodeller of the Dharma-sutra, and if I adhere to the view expressed by Brzliaspati and some Indian commentators, my reasons are that, as the conflicting statements of the Dharma-sutras show, the propriety of the Niyoga was not generally acknow- ledged even in ancient times, and that the medieval Xiban- dhakaras frequently follow the strange method of teaching adopted by Manu. They, too, describe various antiquated customs, and afterwards add the remark that the matter taught is forbidden in the Kali age. Among the clear cases where a conflict of statements has been caused by additions of the editor, I may mention the rule, Manu IV, 222, pre- scribing a penance for an unlawful acceptance of food, which difters from that given XI, 153. Here the former must be considered spurious, because it occurs in a chapter which has nothing to do wnth penances. It is evident that neither the instances just mentioned, nor indeed any other, where our Sm;-zti exhibits either two ancient conflicting rules or a modern precept contradicting an ancient one, can be used as arguments showing that the Manava Dharma-sutra under- went more than one revision. Under these circumstances it might appear advisable to rely on those contradictions * Tagore I>ecture5, pp. 48, 61. INTRODUCTION. XCV which occur in the decidedly modern portions of our text, in the additions to the ancient Dharma-sutra, and to main- tain that e. g. the differences in the two accounts of the creation^, Manu I, 7-58 and 62-(S6, indicate that the first chapter owes its present shape to two different authors. Such a mode of reasoning would, no doubt, be correct if the additions to the Dharma-sutra were independent, ori- ginal productions. But as the preceding discussion on the sources of this additional matter has shown that the first chapter is a compilation from older versus memoriales, w^hich certainly contained portions and possibly even the whole of both accounts, it becomes inconclusive. The contradictory verses may either have been strung together, as Medhatithi seems to suggest^, merely because they really are or were considered paraphrases of Vedic passages, or they may have been reconciled with each other by one of those ingenious methods of interpretation of which the Indian schoolmen are such great masters. As regards the second argument, the assertion of the Narada-smr/ti ^, that Manu composed a Dharma^astra in 100,000 verses arranged in 1080 chapters, which was suc- cessively reduced by Narada to 12,000, by Markaw^eya to 8,000, and by Bhr/gu's son, Sumati, to 4,000 verses, is so circumstantial that, in spite of its obvious exaggerations, it misfht be considered to have a substratum of truth, and to be important for the history of Manu's law-book. Abridgments of larger works '* are in literature as common as expansions of shorter ones. Yet the only assertion in the above account, which we can test, is certainly not true, that Narada's version of Manu's laws is more ancient than that by Sumati Bhargava or Bhr/gu. The actual position of the ^ See also Dr. Johiinntgen, Uber das Gesetzbuch des Mann, p. 15. 2 In his discussion on the aim of the first chapter Medhatithi says (comm. on I, 6) : f^T:fTqr^^^f^Hn^tT7avalkya and Narada, while others contradict our Manu on points where he holds archaic views. Moreover, a passage of VWddha Manu, to which Professor Max Miiller has first called attention^, possibly indicates an acquaintance with Greek astrology. I can only agree with Professor J oily "s conclusions, and add that a comparison of the quotations from BrzTiat and Vr/ddha Manu with Bhrz'gu's Sawhita produces the impression that both works — if indeed the titles refer ' West and lliihler, Digest, pp. 48-50, third edition ; Jolly, Tagore Lectures, p. 56 : Preface to the Translation of Narada. pp. xv-xvii. ^ Maw^lik, the Vyavaharamayukha and Yag/i., p. xlvii ; Jolly, Tagore Lectures, p. 44. ^ Tagore Lectures, pp. 65-66. * India, what can it teach us? p. 366. INTRODUCTION. XCVll to two and not to one — must have been enlarged versions of the latter ^ As it thus appears that there existed recensions posterior to our Manu-smrzti, the existence of untraceable or partly traceable quotations from Manu's Dharmai'astra in Aj-vaghosha's Va^rasu/('i ^ and from Manu in Varahamihira's Br/hat-sa7«hit£L^ possesses no great significance. With respect to Varahamihira's reference, it must be noted that, according to Albiruni s Indica, two astrological Sa;«hitas, called after Manu, existed in the eleventh century A.D., the smaller of which was an abridg- ment made by a perfectly well-known human author*. Hence Varahamihira may have taken his verses on the character of women from the latter. In both quotations the ^lokas, not found in our Smrzti, have a very modern look. The case is, however, different with the quotations from Manu, which, as has been shown above, occur in the Mahabharata. We have been compelled to admit that the existing text of our Smrzti is younger than the epic. If, therefore, the law-book referred to in the latter is not the ancient Dharma-sutra, we must also concede the existence of a secondary recension which preceded Bhr/gu's Sawhita. The solution of this question is, owing to the 1 In order to enable the reader to form his own judgment on this point, I add a list of the quotations which I have noted. Those from BrAat Manu occur, 1. Col. Dig. II, 3, 26; 2. Col. Dig. V, 428 = Ci. Day. XI, 6, 34; 3. Datt.Mim. II, 8 ; 4. May. IV, 5, 53 ;— those from V/iddha Manu, i. Col. Dig. Ill, i, 69 ; 2. Col. Dig. Ill, I, 83 = May. XI, 5 = Viv. A'int. p. 99; 3. Col. Dig. Ill, i, 86 = Viv. A'int. p. 89 ; 4. Col. Dig. Ill, i, 90 = May. XI, 5 = Viv. ATint. p. 100; 6. Col. Dig. Ill, I, 93 = Viv. A'int. p. 103 ; 6. Col. Dig. V, 162 =Viv. A'int. p. 272 = Varad. p. 21 = G\. Day. IX, 17 (where attrib. to B;Vhat M.) j 7. Col. Dig. V, 408 =Sm;-?. A'and. XI, i, 15 =Sar. Vil. 504 = Varad. pp. 33, 40=Viram. III, i,2 = G\. Day. XI, i, 7 and Viv. A'int. p. 289 (where attrib. to BWhat M.) ; 8. Mit. II, 6, 6 = Viv. A'int. p. 2 89 and Varad. p. 37 (where attrib. to Br/hat M.) = Sar.Vil. 591 (where attrib. to M.) ; 9. Viv. A'int. pp. 126-7; lo.Viv. A'int.p.i8o ; II. Varad. p. 50 ; 12, Varad. p. 28, where in reality Manu IX, 206 seems to be quoted. ^ Weber, Indische Streifen, vol. i, pp. 190, 192, 198. 3 Kern, B;-«Tiat-sawhita, chapter 74, vv. 7-15, and Preface, p. 43. * Albiruni, Indica, chapter xiv; see also Kern, loc. cit. p. 42, where the probability of the existence of a Manavi Sawhita has been shown. Albiruni says that the title of the two works was Manasa (Manavi?), and that the shorter one had been composed by one PNA'L, a native of Southern India. I owe these notes to the kindness of Professor Sachau, the learned editor and translator of Albiruni's important work. [25] g XCVUl LAWS OF MANU. shortness of the extracts, very difficult. But, considering all things, I feel inclined to assume that the author or authors of the Mahabharata knew only the Dharma-sutra. The character of the four verses and a half, quoted verbally, as well as of the paraphrase in the 6"akuntalopakhyana agrees well enough with this assumption, because the Manava Dharma-sutra, as we have seen, certainly did contain numerous ^lokas. It is further corroborated by the fact that the Mahabharata does not differ in its arrange- ment, or rather in its want of an arrangement of the civil and criminal law, from the Dharma-sutras. Though the epic contains numerous verses on these topics, it nowhere shows an acquaintance with the eighteen titles of the law which are so characteristic of the secondary Smr/tis, the hand- books of the special law schools. On the other side it may be urged that the Mahabharata says nothing of Dharma- sutras, and that its general view of the origin of the sacred law coincides with that expressed in the later law-books. It holds that the moral and legal doctrines were revealed for the benefit of the human race, first by Brahman to various mythical T^z'shis, and by them to mankind. This objection may, however, be met by the not unreasonable assumption that at the time when the Mahabharata was composed, the real origin of the old Sutras had been for- gotten, while the text had not yet been materially altered. What has been said above regarding the rise of the special law schools, and the facts known regarding the change in the tradition concerning the Sutras of Gautama and Vasish//za, make the hypothesis of such a transitional period not at all improbable. Should, nevertheless, the possibility of the existence of a metrical redaction of the Manava-sutra, preceding that ascribed to Bhrz'gu, be considered as not altogether excluded, it would at least be necessary to concede that it could not have contained the present arrangement of the Vyavahara portion under titles. While there is thus no proof for the opinion that the modern portions of the Manu-smrz'ti have been gradually added one to the other, or that the present text is one of INTRODUCTION. XCIX the last links in a long chain of metrical recensions, there are several points which tend to show that our Manu-sa;//hita is one of the first attempts at remodelling a Dharma-sutra. The most important argument for its comparatively early date is furnished by the incompleteness and awkwardness of its rules on judicial procedure and on civil law^. If we compare these rules with those of the Dharma-sutras and with those of the other metrical Smr/tis, they are some- what more explicit than the former, but very much inferior to the latter. As regards procedure, the Manu-sm/'/ti pays more attention to the moral side of the duties, incumbent on the judge and the other persons concerned, than to the technicalities, which are much more clearly and minutely described in the Dharma^-astras of Ya^'-/7avalkya and Narada. In this respect it comes close to the Dharma- sutras, with which it particularly agrees in the absence of all mention of written plaints and of documentary evi- dence, as well as in the shortness of its remarks on ordeals. Among the ancient law-books the Vasish///a Dharmaj-astra is the only one which has allusions to written documents, and names them, XVI, lo, 14-15, as one of the means of legal proof. In the other Dharma-sutras there is no indica- tion that their authors were acquainted with the art of writing. I have already pointed out in the Introduction to my translation of Vasish//^a^ that most probably this omission has to be explained not by the assumption that in the times of Gautama, Baudhayana, and Apastamba writing was unknown or little used in India, but by the considera- tion that the general character of the Dharma-sutras, which principally pay attention to the moral side of the law, does not require the introduction of matters belonging more properly to the customs of the country or to the Artha- j-astra. Whatever may be thought of the prevalence of writing during the earlier times and of the value of my explanation, it may be regarded as perfectly certain that ^ See on this subject and the following discussion, Weber, History of Indian Literature, pp. 279-281; Stenzler,Ya^;7avalkya, pp. vii-x ; Journal of the German Or. Soc. vol. ix, on the Indian Ordeals ; and Jolly, Tagore Lectures, pp. 45-49- ^ Sacred Books of the East, vol. xvi, p. xxvi. g2 LAWS OF MANU. Bhr/gu's Manu-sawhita belongs to a period when the art of writing was known and generally practised. For, first, we find two clear references to written documents, 'what has been caused to be written by force' (Ickhita, VIII, i68) and royal edicts (j-asana, IX, 233). Secondly, we have the expression nibandh, ' to record,' in a passage (VIII, 255) where the context leaves no doubt that a written entry is referred to. When it is said there, that in a boundary- dispute the king shall record the boundary, according to the unanimous declaration of the witnesses, together with their names, it is impossible to imagine how he can do so without drawing up a written document, which, of a necessity, must have legal force for the future. This use of the verb nibandh makes it further probable that Medhatithi is not altogether wrong, when he explains (VIII, 76) the compound anibaddha/^, ' a person not appointed (to be a witness to a transaction),' by ' a person not entered (as a witness in the document),' and refers the rule to cases of loans and other commercial transactions. Thirdly, there is the term karawa (VIII, 54 and 154), which, though less explicit, likewise points to the use of written bonds for loans. The former passage declares that ' a debt which is proved by kara«a ' (karawena vibhavitam) must be paid, and the commentators explain karawa to mean ' written bonds, witnesses, and so forth.' Hence it has been rendered in the translation by ' good evidence.' Verse 154 prescribes that a debtor ' who, unable to pay a debt (at the fixed time), wishes to make a new contract, may renew (lit. change) the karawam (kara;/am parivartayet^).' Two com- mentators, Kulluka and Raghava, take the word here in the sense of ' a written bond,' while the older ones, Govinda, Narayawa, and probably also Medhatithi, explain it by ' bonds and so forth,' and make it include agreements before witnesses. From these explanations and the use of the word kara;/a in other legal works it would appear that kara;/a may also be cited as a witness for the acquaintance of our author with the art of writing. To the conclusion that writing must have been extensively used in business- ^ Nandana's reading karawam is clearly eiToneous ; see below, p. cxxxiv. INTRODUCTION. CI dealings points, finally, the whole state of civilisation to which Mann's rules are adapted. The highly developed trade by land and by sea ^, on which ad valorem duties were imposed^, the existence of official lists of prices which were renewed periodically', the complicated system of calculations of interest, among which we find compound interest*, and the occurrence of mortgages^, would be im- possible without written documents. These facts appear to me so eloquent that even though all the passages adduced above, which explicitly mention written documents, could be proved to be late interpolations, the general aspect of this question would remain unchanged. If, under these cir- cumstances, Manu's rules on evidence contain nothing definite on the admissibility of documents, and if he agrees in this particular with the Dharma-sutras and differs strongly from the Dharmajrastras of Ya^^Tavalkya and Narada as well as other metrical Smrz'tis, this omission gains a great importance for the historical position of the Sawhita. Whether we explain it by an oversight of the editor or by the assumption that he left the determination of the value of written documents to custom or to another vSastra, it shows that he was acc[uainted with the Dharma- sutras alone or with Dharma-sutras and such metrical Smr/tis as excluded the section on documents. As he certainly was an adherent of a special law school, and bent on making his work as complete as possible, he would not have omitted so important a point if he had known law- books like the Yao-;7avalkya-smrzti. The omission of the details regarding ordeals is no less significant. Manu VIII, 109-116 describes only the administration of oaths more fully, and mentions the ordeals by fire and water in a cursory manner. Among the Dhar- ma-sutras there is only the Apastambiya which (II, 29, 6) recommends the employment of divine proof (daiva) or ordeals in a general way without adding any particulars. The secondary law-books of Ya^/Tavalkya and Narada describe five kinds of ordeals, and enter, the second more ' VIII, 156-157. ^ VII, 127-128; VIII, 348. ^ VIII, 401-402. * VIII, 139-14-', 151-153- ' VIII, 165. CU LAWS OP^ MANU. fully than the first, on descriptions of the manner in which they must be performed. Even the Vish/m-smrzti agrees with them, and the fragments of the lost metrical Smr/tis show that most of the latter, too, contained sections re- sembling those of Ya^yTavalkya and Narada. It would be, in my opinion, a mistake to infer from the silence of Gau- tama, Baudhayana, and Vasish//^a that in ancient times ordeals were unknown in India. Traces of such practices, which were formerly prevalent in various forms also among other Indo-European races, are found, as might be expected, even in Vedic works. If the authors of the Dharma-sutras ignore them or iust indicate their existence, the correct explanation of this fact, too, is that they considered the subject not important enough for giving details, and left it to custom. The authors of the secondary Smrztis, as a matter of course, were anxious to fill up the blank left by their predecessors. But they probably did nothing more than bring the various local customs into a system which gradually was made more and more complete. Under these circumstances the fact that Manu's rules stand mid- way between those of the Dharma-sutras and of the other metrical law-books is another argument for allotting the first place to his Sa?;/hita. In the treatment of the civil and criminal law the inferiority of the Manu-smrzti to the other Dharmai-astras of the same class, even to Ya^;7a- valkya's, which contains a much smaller number of verses on Vyavahara, manifests itself in various ways. In spite of the attempt at a scientific classification of the rules under certain heads, the arrangement of these sections is cumbrous and disorderly. Twice, at the end of the eighth and ninth chapters, we find collections of miscellaneous rules, which, as a comparison of the works of Ya§-;7avalkya and Narada shows, might for the greater part have been easily fitted in to the one or the other of the eighteen titles. Under the single titles the rules are sometimes badly arranged. This is particularly visible in the chapter on inheritance, where, to mention only one most conspicuous instance of this want of care, the verse asserting the right of the mother and grand- mother to take the estate of a predeceased son or grandson, INTRODUCTION. Clli is placed so awkwardly that it is absolutely impossible to guess which place in the sequence of heirs the author meant to allot to them. As stated above, the verse most probably was inserted by the editor of the ancient Dharma-sutra. If he had cared at all for order and intelligibility, he ought not to have contented himself with the enunciation of the maxim that these persons do inherit, but he ought to have indicated where the preceding close series of heirs has to be broken in order to admit them. Very significant, too, are the constant mingling of moral exhortations with the legal rules and the occasional recommendation of quaint judicial devices which are common in the earlier stages of the de- velopment of the law. Though the duty of kings to protect their subjects and to restrain the wicked has been fully explained in the seventh chapter, yet in the sections on theft (VIII, 302-311), on violence (VIII, 343-347), and on adultery (VIII, 386-387), the author expatiates again and again on the necessity of eradicating such offences. In the second case the specific rules, providing for the punishment of sahasa crimes, are left out, the omission being repaired at the end of the ninth chapter. Both Ya^/Tavalkya and Narada think it unnecessary to recur to the moral obliga- tions of the king after pointing them out once. Both refrain also from mentioning the curious expedient which Manu recommends (VIII, 182-184) for the decision of doubtful disputes regarding deposits. Another important point is that Manu's rules on some titles are exceedingly incomplete, and touch one particular case only, from which it is not always easy to deduce the general principle. Thus, in treating of the subtraction or resumption of gifts, Manu (VIII, 212-213) confines his remarks to pious gifts w^hich are not applied in the manner stipulated. Ya^«avalkya (II, I75~i77) gives under this head at least some general prin- ciples, showing what is required for the validity of gifts ; while Narada^ offers a fairly full and systematic treatment of the whole law of gifts. A similarly gradual development is visible under other heads, especially concerns among ' Professor Jolly's Translation, pp. 59-60. CIV LAWS OF MANU. partners and rescission of sale and purchase, the rules under which latter head Manu gives partly in their proper place and partly among the miscellaneous precepts at the end of the eighth chapter. A third point, finally, which deserves to be noted here, is the fact that legal definitions are almost entirely wanting in the Manu-smr/ti, become more frequent in Ya^/7avalkya's work, and are regularly given by Narada, as well as that many single rules which are common to Manu and Ya^>7avalkya, or to Manu, Ya^y7avalkya, and Narada, are framed in the latter works with much greater precision than in the former^ The inferiority of the Manu- smrz'ti in all these points can only be explained by the assumption that it was composed at a time when the syste- matic treatment of the law had been begun, but had not reached a high state of perfection, while the superiority of the other metrical Smr/tis permits us to infer that they belong to a much later period when the special law schools had made a considerable progress in the elaboration of their theories. This argument is, it seems to me, the strongest which can be brought forward as a firm basis for the universally prevalent belief of all European and Indian Sanskritists in the priority of our Manu to all other known secondary law-books. For wherever we are able to trace larger portions of the history of a special Brahmanical science, as e.g. in the case of grammar, we find that the later authors, though belonging to different schools and creeds, and though differing in the actual doctrines, invari- ably avail themselves of the method of their predecessors, developing and refining it more and more. Retrogressive steps, examples of which seem to occur in the handbooks of the Vedic schools^, have hitherto not been found ^. All * Compare e. g. the rules regarding lawful interest, Manu VIII, 140-142, and Yagn. II, 34. '■' Compare e.g. the case oftheGautamiya and Baudhayaniya Dharma-sutras, where the second and later work is inferior in method to the earlier one. ' Should it be objected that the Vish«u-smr/li, though certainly younger than Manu's and Ya^wavalkya's Dharma^astras, is deficient in a systematic arrangement of the rules on civil and criminal law, the answer would be that the editor of this work appears to have been a Vaish;;ava sectarian, not an adherent of a school which made the law its special object of study. INTRODUCTION. CV the other arguments which have been or can be adduced to prove the antiquity of our Manu-sm/-/ti are less conckisive. If it has been said that this work contains some very archaic doctrines^ which are not found in the other secondary law- books, that is perfectly true. But the inference regarding its age becomes doubtful, because on other subjects Manu is ahead of the other Smr/tis^, and because in general the development of the actual doctrines seems to have been not quite steady and continuous. Still more precarious are the arguments, based on the language of the Manu-smr/ti, on its not mentioning the Greek astrology or Greek coinage and similar points. As we have to deal with a recast of a very ancient book, and as its editor has utilised a good many ancient verses in compiling his recension, it is only to be expected that a number of archaic forms and phrases should be found. But it is evident that they prove nothing with respect to the period when the compilation was made, because it is impossible to decide in each case to which of its component parts the archaism belongs. As regards the remaining argumenta a silentio, they are equally incon- clusive. Even if we grant, for argument's sake, the correct- ness of the assertion that our Manu contains no allusion to the Greek order of the planets, to the zodiac, to judicial astrology, and to Greek or Scythian dinaras, drammas, and na;/akas, while all the other secondary law-books mention one or the other of these foreign importations, the omission may be purely accidental. These and similar points can be used for no other purpose than to show that there is nothing in Manu's text that compels us to place it in or after the period between 300-500 A.D., during which Greek influence made itself strongly felt in India. They possess ' One of the clearest instances of this kind is Manu's doctrine with regard to the succession of females to the estate of males, where the exclusion of the wife agrees with the teaching of the Dharma-sutras (Jolly, Tagore Lectures, p. 48). The assertion of Professor Hopkins (Castes according to the M. Dh. p. loS seqq.), that the prerogatives of Brahma;?as are greater according to Yagfl. than according to Manu, seems to me erroneous, and chiefly based on an inadmissible interpretation of some passages of Manu. In my opinion the mutual relations of the castes, as described in the two law-books, cannot be used to prove a priority of the one to the other. " E.g. in the doctrine concerning the Niyoga. CVl LAWS OF MANU. a certain importance only as auxiliaries to the chief argu- ment derived from the imperfect development of the method or formal treatment of the law. But considering all that has been said in the preceding discussion, it is, I think, not too much to say that there is no obstacle against, and some reason for, our accepting as true the assertion, which is made in the Manu-smr/ti itself and supported by the tradition preserved in the Skanda-pura/va, that Bhr/gu's^ Sawhita is the first and most ancient recast of a Dharmaj-astra attri- buted to Manu, which latter, owing to the facts pointed out in the first part of this Introduction, must be identified with the Manava Dharma-sutra. Though this recast must be considered the work of one hand, the possibility that single verses may have been added later or altered, is of course not excluded. A perfectly intact preservation of an Indian work which has been much studied, is a priori improbable, and the divergence of the commentators with respect to certain verses shows that some of those contained in our text were suspected by the one or the other of them. But the number of vSlokas with regard to which real doubts can be entertained is comparatively small, and hardly amounts to more than a dozen-. The above discussion has also to a certain extent defined the relative position of our Manu-smr/ti in Brahmanical literature, and has thus opened the way for the consideration of the last remaining problem, the question when the conver- sion of the Manava Dharma-sutra into a metrical law-book * A clear and definite explanation of the question why the Hindu tradition ascribes the promulgation of Manu's laws to Bhr/gu has hitherto not been traced. Bhrz'gu's only connexion with Manu is that mentioned in the text, according to which he is one of the mind-born sons or creatures of the father of mankind. This version of the legend of his origin is, however, by no means common. In the Mahabharata XII, 182-192, we find ' a condensed Dharma- jastra,' which is said to have been revealed by Bhr/gu to Bharadva^. It in- cludes an account of the creation, but makes no mention of Manu. As Bhr/gu appears also elsewhere as the author of a Dharma^astra, it is just possible that the legend may be based on Bhr/gu's fame as a legislator and as the offspring of Manu. ^ Many more verses are left out partly in Medhatithi's Bhashya and partly in Nandana's commentary. But see below, pp. cxxvi and cxxxv, where it has been shown that omissions in the accessible MSS. of these two works alone do not mean much. INTRODUCTION. CVll may have taken place. The terminus a quo which has been gained for the composition of Bhr/gu's Sawhita is the age of the Mahabharata, and the terminus ad quem the dates of the metrical Smr/tis of Ya^/7avalkya and Narada. Though we are at present not in a position to assert anything positive regarding the period when the Mahabharata and especially its twelfth and thirteenth Parvans were written, and though the date of Ya^>7avalkya's Dharmaj-astra is very doubtful, yet some facts known regarding the Narada-smrzti are not without importance for framing our answer to the difficult question now proposed. Both Professor Jolly and myself^ have lately discussed the significance of the mention of golden dinaras or denarii in the longer and more authentic version of Narada and of the circumstance that Asahaya, a predecessor of Manu's earliest commentator, Medhatithi, explained it and have arrived at a very similar conclusion, viz. that the Narada-smrzti dates either shortly before or shortly after the middle of the first thousand years of our era. If that is so, Bhngu's Sa;«hita must, in consideration of the arguments just stated, be placed not only earlier, but considerably earlier, and the assertion that it must have existed at least in the second century of our era is not unwarranted. This latter inference is also made inevitable by the discovery that we have to admit the former existence of very ancient commentaries, and of at least one ancient Varttika or Karika which referred to the text of Manu, known to us. With respect to the commentaries, Medhatithi, the author of the Manubhashya, is a most valuable and clear witness. This author, who probably wrote in the ninth century A.D.^ very frequently quotes opinions and various readings, expressed or men- 1 Jolly, Tagore Lectures, p. 56 ; West and Biihler, Digest, p. 48. To the arguments adduced there I would add that Ba«a, the friend of ^'riharsha- Harshavardhana (606-7-648 a.d.), makes a pretty clear allusion to the Nara- diya Dharmajastra in the Kadambari, p. 91, 1. 13 (Peterson's edition), where he calls a royal palace naradiyara ivavar«yamanara^adharmam, ' similar to the Naradiya (Dharma^astra), because there the duties of kings were taught (by the conduct of the ruler) just as they are taught (in the law-book).' ^ For the details, see below, pp. cxxi-cxxiii. CVIU LAWS OF MANU. tioned by his predecessors, and shows by the number of the conflicting explanations which he sometimes adduces for a passage of the text, that in his time a very large number of commentaries on the Manu-smrzti existed. Among the persons thus quoted, he designates some by the terms Purva and /ifirawtana. Purva, which means both ' former ' and 'ancient,' is an ambiguous word. It can be applied to all persons who wrote before the author, though it frequently is used in speaking of those who lived centuries ago. A'irawztana, ' long previous or ancient,' is much stronger, and, according to the usage of Indian authors, denotes a predecessor belonging to a remote antiquity. As Medha- tithi, writing in the ninth century, knew of commentaries to which he was compelled to assign a remote antiquity, it is only a moderate estimate if we assume that the earliest among them were in his time from three to four hundred years old. But if in the sixth or even in the fifth century A.D. glosses on our text existed, its composition must go back to much earlier times. For the widely divergent and frequently very questionable explanations of the more diffi- cult passages, which Medhatithi adduces from his prede- cessors, indicate that even the earliest among them were separated by a considerable interval from the compilator of the Manu-sawhita, an interval so great that the real meaning of the text had been forgotten. The merit of the discovery that one of the lost metrical Dharmai-astras, the Brzhaspati-smr/ti, was a Varttika on our text of Manu, belongs to Professor Jolly, whose careful investigation of the fragments of the lost law-books, con- tained in the modern Digests, has contributed very mate- rially to the elucidation of a difficult chapter in the history of Indian legal literature. He shows ^ that Brzliaspati not only allots to Manu's Smrzti the first place among all law- books, but that he explains, amplifies, and occasionally corrects its rules on various portions of the Vyavahara. The particulars from Manu which Br/haspati mentions are such as to leave no doubt that the text which he knew in ^ Tagore Lectures, pp. 60-62 ; see also above, p. xvi. INTRODUCTION. CIX no way differed from that known to us. He explains, as Pro- fessor Jolly points out, the curious terms, used Manu VIII, 49, for the various modes by which a creditor may recover a debt, as well as the expression asvamin, which occurs in the title of law, called Asvamivikraya. He further mentions that Manu IX, 57-68 first teaches and afterwards forbids the practice of Niyoga, and gives, as it seems to me \ the correct explanation of this contradiction. He also notes that Manu IX, 231-228 forbids gambling, which other writers on law permit under due supervision, and he corrects Manu's rules regarding the indivisibility of clothes and other objects enumerated IX, 219. An apparent contradiction in Br/haspati's rules with respect to subsidiary sons '^ proves that he knew and accepted Manu's teaching on this subject. He declares that the substitutes for a legitimate son of the body are forbidden in the Kaliyuga, and yet admits the rights of a Putrika or appointed daughter, who mostly is reckoned among the substitutes. This difficulty is easily solved, if it is borne in mind that Manu, differing from the other ancient law-books, does not reckon the Putrika among the subsidiary sons. He separates her, IX, 127-140, from the Gau;-!a Putras, IX, 158-181, and strongly insists on her rights, while he restricts those of the others very much. The list of instances where Br/haspati alludes to, annotates, or amplifies rules of Manu might, I think, be enlarged still further, and it seems to me that a comparison of those verses of his, which Colebrooke's Digest contains, with Manu gives one the impression that BrzTiaspati's work is throughout a revised and enlarged edition of the Bhr/gu- sa/z/hita, or, to use the Indian expression, a Manuvarttika or Manukarika. Professor Jolly, finally, has pointed out that this evidence concerning the relation between Manu and Brzliaspati agrees with and gives some weight to the tradition preserved in the Skanda-pura;/a, according to which Brzhaspati composed the third of the four versions of Manu's Dharma^astra. The age of the Brzhaspati-smnti 1 See also above, p. xciv. ^ Jolly, Tagore Lectures, p. 158. ex LAWS OF MANU. is circumscribed by its definition of the value of golden dinaras, and by the quotations from it which occur already in the oldest commentaries and Nibandhas from the ninth century a.d. downwards. Since the latter period it has been considered as a work of divine origin, revealed by the teacher of the gods. Hence Professor Jolly's supposition, that it must have existed some two or three hundred years earlier, places it not too early, but, in my opinion, rather too late. But even if the Brzhaspati-smrzti dates only about 600 A.D., its statements regarding the high authority of Manu's teaching show that our version of the latter must have preceded it by many centuries. The three points just discussed are, in my opinion, the only ones that are really useful for fixing the lower date of our Manu-smnti. All the other facts known to me which bear on the question are made valueless by flaws of one kind or the other. Thus if we find that another metrical Dharma.fastra,the Katyayana-sm?'/ti,which probably belongs to the same period as the Br/haspati-smr/ti, repeatedly quotes doctrines of Manu or Bhrzgu found in our text, it is nevertheless not permissible to assume confidently with Kulluka on Manu VIII, 350^ that its author knew and explained our text. For, as Professor Jolly has shown ^, there are other cases in which the teaching attributed by Katyayana to Bhr/gu or Manu differs from the opinion advanced in our Smrzti. It is, of course, possible that the author, who assumes the name of Katyayana, may have made a slip, or may have known several Manu-smrztis or Bhr/gu-smr/tis, and have referred in different places to different works. But, making ever}' allowance for such possibilities, it cannot be said that his references furnish a really conclusive argument. Again, it has been pointed out ^ that the author of the Bhavishya-pura;/a has largely drawn on the first three chapters of our Manu, whom he also names, and nobody who carefully compares the two - Tagore Lectures, p. 62, 11. 22 and 24, Br/haspati has been printed twice by mistake for Katyayana. 3 Professor Aufrecht's Catal. Sansk. MSS. Bodl. I-ibr. p. 30. INTRODUCTION. CXI texts can have any doubt who the borrower is, as the Pura//a regularly substitutes easy readings for difficult ones, and adds numerous explanatory verses. Besides, Narayawa, as well as Kulluka\ quotes verses of the Bhavi- shya-purawa from a section on penances not found in the accessible MSS., which likewise are clearly intended to explain the text of our Sa;//hita. All this is however useless, as for the present it is impossible to determine the date of the Pura;/a even approximatively. Professor H. H. Wilson^, who has a very mean opinion of the book, declares that it cannot lay claim to a high antiquity, and seems to consider it a production of the ninth or tenth century a.d. Professor Aufrecht's discovery^ that the Matsya-pura«a, which mentions a Bhavishya-pura;/a in 14,500 verses, con- tains actually several sections which have been borrowed from the portions of the latter work preserved in the MSS., makes Professor Wilson's estimate improbable. For the Matsya-pura;/a was considered a canonical work about the year 1000 A. D., and used by Albiruni for his work on India*. Though it, therefore, becomes probable that the Bhavishya-pura;za is much older than Professor Wilson was inclined to assume, the data thus gained are much too vague for inferences regarding the age of our Manu-smr/ti. Equally unsatisfactory are the results which an examina- tion of the quotations from the Manu-smr/ti, found in various Sanskrit works, yields us. Perfectly indisputable quotations are not very common, and they occur mostly in works of comparatively recent date, e. g. in the Ya^astilaka of the Digambara-(9aina poet Somadeva^ 959 A. D.^, in vSaiikaraMrya's 5arirakabhashya, 804 A, D.^ and in Kshi- ^ See e. g. his remarks on Manu XI, loi, and Narayawa's on XI, 131. ^ Vish«u-pura?2a, vol. i, pp. Ixii-lxiv, and Reinaud, Memoire sur I'lnde, p. 396. * Catalogue, p. 43. * I owe the knowledge of this fact also to the kindness of Professor Sachau. 5 See Professor Peterson's Report on the Search for Sanskrit MSS., 18S3-84, PP- 42-43- ^ Deussen, Vedanta, p. 36. With respect to the date of 6'ankaraHrya's work, I follow the Hindu tradition, which places the birth of the author in 788 A. D. According to the statement of the late Ya.gneswa.xa. i'astri, with whom I discussed the passages which he adduces in the Aryavidyasudhakara, p. 226, the sampra- CXll LAWS OF MANU. rasvamin's Amarakoshodgha/ana^. Other cases, where we find verses from the Manu-sa?//hita quoted in ancient works, are made inconckisive by the vagueness of the reference or by the circumstance that the same passages occur also in other works. Thus we find Manu VIII, 416, with a sh'ght verbal difference at the end of the first line^, in the ^abara- bhashya on Mim, Su. VI, i, 12. Though the exact date of the latter work is uncertain, we know that it preceded Kumarilabha//a's Tantravarttika, and its style, which closely resembles that of Pata/To-ali's Mahabhashya, makes it probable that its author lived not much later than the beginning of our era. Hence its testimony would be of the greatest interest, provided it were perfectly clear. Un- fortunately the Bhashya introduces the verse merely by the words evam ka. smarati, ' and thus he records or states in the Smr/ti,' without specifying the author. As the doctrine of the verse which declares a wife, a son, and a slave to be incapable of holding and acquiring property is found, though expressed differently, also in the Narada- smr/ti, Vivadapada V, 39, it may be that Sahara took the passage from some other work than the Manu-smr/ti. Again, though Patai7^ali in the Vyakarawamahabhashya on Pa;/ini VI, i, 84 adduces Manu II, 120 without any variant^, it would be extremely hazardous to conclude that he quotes from our text of Manu. For the Mahabharata (XIII, 104, 64^-65^) has exactly the same words. daya, referred to in his work, is that of Aingeri, where also documentary evi- dence for its correctness is said to exist. Hence I hesitate to accept Mr. Telang's conclusions, who places ^"ankara in the latter half of the sixth century, Mudra- rakshasa, Appendix, and Ind. Ant. vol. xiii, p. 95 seqq. * Aufrccht, Journal of the Germ. Or. Soc. vol. xxviii, p. 107. The date of this author, who used to be identified with the teacher of Cayapi^/a of Kajmir (779-813 A.D.), seems, according to the latest researches, more recent. ■■' See the edition in the Bibl. Ind. vol. i, p. 61 1 : HT'^T ^T^^ 'J^^ fWlT: ^1 IJ^ ^ I ^ ^mfvn"^f^ ^^ ^ W^ (Tir^ ll At the end of the first line Manu has "^tl TJ^TV^T: ^WT*. II ^ See vol. iii, p. 58 of Professor Kielhorn's edition. I may add that the same work on Pawini II, 3, 35 (vol. i, p. 457, Kielhorn) quotes another verse, the first line of which agrees with Manu IV, 151", while the second entirely differs. In tliis case, too, the Mahabharata XIII, 104, 82 has a version closely resembling that of Manu. INTRODUCTION. cxlil More important are some allusions to the laws of Manu found in several works of considerable antiquity, and in inscriptions. Taken by themselves they would, indeed, not prove much. But considered in conjunction with the results of the three chief arguments, they certainly furnish a con- firmation of the latter. The clearest case, perhaps, occurs in the Kiratar^-uniya of Bharavi, a poet, whose fame on the evidence of the Aihole inscription was well established in 634 A. D., and who, therefore, cannot possibly have lived later than in the beginning of the sixth century, but may be considerably older. He makes (Kir. I, 9) Yudhish///ira's spy say, ' He (Duryodhana), conquering the six (internal) foes, desiring to enter on the path, taught by Manu, that is difficult to tread, and casting off (all) sloth, since by day and by night he adheres to the (prescribed) division (of the royal duties), shows increased manly energy in accordance with the Niti.' At first sight it might seem as if this passage contained nothing more than an expression of the ancient belief according to which Manu settled the duties of mankind, and among them also those of kings. But if we keep in mind the inferences made unavoidable by Medhatithi's statements regarding the ancient commentaries and by the character of the Brzhaspati-smrzti, it becomes more probable that Bharavi alludes to the seventh chapter of Bhr/gu's version of the Manu-smr/ti, which declares vinaya, humility or self-conquest, i. e. the conquest of the six internal foes, to be one of the chief qualities requisite for a king, and which carefully and minutely describes the employment of each watch of the day and the night. Other much less explicit allusions occur in the land-grants. It will suffice to adduce those found in the commencement of the Valabhi inscriptions of Dhruvasena I, Guhasena, and Dharasena II, to which I have called attention some time ago^. The oldest of them is dated Sawvat 207, i. e. not later than 526 a. d.^ There it is said in the description ^ See West and Biihler, Digest, p. 46, and for the inscriptions, Indian Antiquary, vols, iv, p. 104; V, 28 ; vi, II ; vii, 67, 69, 71 : viii, 302. For other passages, see Hopkins, Journal of the American Oriental Society, vol. xi, pp. 243-246. ^ This is on the supposition that the era of the Valabhi plates began ia 319 A. D., the latest date ever assigned to it. [25] h CXIV LAWS OF xMANU. of Dronasi;;/ha, the first Maharaja of Valabhi and the immediate predecessor of Dhruvasena I, that ' hke Dharma- ra^a (Yudhish///ira) he observed as his law the rules and ordinances taught by Manu and other (sages).' Strictly- interpreted, the passage says nothing more than that in Dronasiwha's times various law-books existed, one and the chief of which was attributed. But, considering what we know from other sources, it is not improbable that it refers to our Sawhita, which is acknowledged by Brzliaspati as the paramount authority. This is all I am able to bring forward in order to fix the lower limit of the Manu-smr/ti. But the facts stated are, I think, sufficient to permit the inference that the work, such as we know it, existed in the second century A. D. For an answer to the question whether our Manu-smrz'ti can go back to a higher antiquity, and how much older it may be, we have at present very scant data. Its pos- teriority to the twelfth and thirteenth Parvans of the Maha- bharata teaches us, as already stated, nothing definite. But there is a passage in its tenth chapter, vv. 43-44, which has been frequently supposed to convey, and probably does contain, a hint regarding its lower limit. There the Kam- bo^as, Yavanas, ^akas, and Pahlavas are enumerated among the races which, originally of Kshatriya descent, were degraded to the condition of vSudras in consequence of their neglect of the Brahma«as^ As the Yavanas are named together with the Kambo^as or Kabulis exactly in the same manner as in the edicts of Aj-oka ^, it is highly probable that Greek subjects of Alexander's successors, and especially the Bactrian Greeks, are meant. This point, as well as the mention of the ^akas ^ or Scythians, would ' The verse contains also the name of the A'tnas, which formerly has been taken to be valuable as a chronological landmark. More modern researches have proved this view to be untenable ; see A. von Gutschmid, Journal of the German Or. Sec. vol.xxxiv, pp. 202-208 ; Max Miiller, India, what can it teach us? p. 131 ; Rig-veda, vol. iv, p. li. ^ See e. g. the fifth rock-edict, where the Yona-Kawbqc'a-Gawdhara or Gam- dhala are mentioned as Anoka's neighbours, the most distant being placed first. 3 The earliest mention of the -S^akas probably occurs in a Varttika of Katya- yana on Pa«.VI, i, 94, where .rakandhu is explained by jaka + andhu. According to the traditional explanation the compound means ' the well of the Saka. king.' INTRODUCTION. CXV indicate that the vSlokas could in no case have been written before the third century B. C. This limit would be still further and very considerably contracted if the mention of the Pahlavas were quite above suspicion, and if the deduc- tions of my learned friend, Professor Noldeke\ regarding the age of this word were perfectly certain. Pahlava and its Iranian prototype Pahlav are, according to the con- current testimony of the most distinguished Orientialists, corruptions of Parthava, the indigenous name of the Parthians^ Relying on the fact that the change of the Iranian th to // is first traceable in the name Meherdates, mentioned by Tacitus, and in the word Miiro, i. e. Mihira, on the coins of Kanishka or Kanerki^, Professor Noldeke concludes that the form Pahlav cannot have originated among the Iranians earlier than in the first century A. D., and that it cannot have been introduced into India before the second century of our era. If this inference were un- assailable, the remoter Hmit of the Manu-smrzti would fall together with its lower one. But, with all due deference to the weight of Professor Noldeke's name, I must confess that it appears to me very hazardous. For, first, the foundations of his theory are very narrow : secondly, one of his own facts is not quite in harmony with his assertions. However late we may place Kanishka, he cannot be later than the last quarter of the first century A.D. Kanishka was not a Parthian, and his coins probably were struck in the North of India. Hence it would appear that Iranian word-forms with the softening oith to h were known in India towards the end of the first century. Moreover, the word Pahlava occurs in the Girnar inscription of Rudradaman ^, which was incised shortly before the year 72 of the era of the Western Ksha- trapas. This era, as has been long ago conjectured, and is now incontestably proved by Mr. Fleet's important discoveries, is ' Weber, History of Indian Literature, pp. 187-8, note 20]". * Olshausen, Parthava nnd Pahlav, Mada und Mah 'Monatsberichte der Berliner Akademie, 1877), and Noldeke, Journal of the German Oriental Society, vol. xxxi, p. 557. ^ Sallet, Die Nachfalger Alexanders des Gr. p. 197. * Ind. Ant. vol. vii, p. 261. Rudradaman's lieutenant at Girnar was the Pahlava Kulaipa (Khoraib ?), son of Suvijakha. h 2 CXVl LAWS OF MANU. the so-called Vikramasa/zzvat or, more correctly, the Sa;«vat of the Malavej-as, the lords of Malava, which began in ^J B. c. Rudradaman's inscription consequently dates from the year 21-22 A. D., and it is thus certain that the word Pahlava was used in India at the beginning of the first century A.D. These circumstances make it impossible to accept Professor Noldeke's inferences from the occurrence of the softened Iranian forms. But the mere mention of the Pahlavas would show that Manu's verse cannot have been composed before the beginning of the first century B. c. The Parthian dynasty of the Arsacides was founded in the middle of the third century B. C, and its sixth ruler, Mithradates I, according to some classical authors, invaded India about the middle of the second century ^. Coins of an Arsaces Theos and of an Arsaces Dikaios, who uses also the Prakrit language and the North-Indian alphabet, have been found in the Panjab, and belong to the same or a little later times ^. As the Brahmans are ever ready to give foreign nations, with w'hich they come into contact, a place in their ethnological system, it is quite possible that about the beginning of the first century B. C. an Indian origin might have been invented for the Pahlavas. But even this reduc- tion of the remoter limit of the Manu-smr/ti is, in my opinion, not quite safe. For though the evidence for the genuine- ness of Manu X, 43-44 is as complete as possible, and though the varia lectio for Pahlava, which Govinda offers, probably deserves no credit'^, there is yet a circumstance which raises a suspicion against the latter reading. Parallel passages, closely resembling Manu's two verses, are found in the Mahabharata XIII, ^% 21-23=^ and XIII, '3^^, 17-18, where the names of the degraded Kshatriya races are like- wise enumerated, and the cause of their degradation is stated * Lassen, Indische Alterthumskunde, II^ 334. ^ Sallet, Die Nachfalgcr Alexanders des Gr. pp. 51, 156-157. ' The commentators and MSS. all give the two verses. If some MSS. of Medhatithi read Pahnava for I'ahlava, that is a clerical mistake caused by the similarity of the subscribed Devanagari la and na. Govinda's var. lect. Pallava is improbable, because the other races mentioned in the second line of verse 44 all belong to the North of India, while the Pallavas are, as far as we know, confined to the South, INTRODUCTION. CXvIi in exactly the same or similar words. Both passages name the Yavanas, and one also the 5akas. But neither men- tions the Pahlavas. Hence it becomes doubtful if the original version of these vSlokas really did contain the latter name. It is further not impossible that its insertion is not due to the first remodeller of the Manava Dharma-sutra, but has crept in later accidentally, in the place of some other name. The Indian Pa;/(^its are not strong in ethnology and history, and habitually careless with respect to the names of peoples and countries, which they frequently alter, or substitute in their works one for the other. I have, therefore, not the courage to reduce the terminus a quo by more than a hundred years on the strength of this single word, which occurs in a verse that evidently has had originally a different form. I think it safer to rely more on the mention of the Yavanas, Kambo^as, and .Sakas, and to fix the remoter limit of the work about the beginning of the second century A. D., or somewhat earlier. This estimate of the age of the Bhr/gu Sa/z/hita, according to which it certainly existed in the second century A. D., and seems to have been composed between that date and the second century B. c, agrees very closely with the views of Professor Cowell ^ and Mr. Talboys Wheeler ^. It differs considerably from that lately expressed by Professor Max Miiller, who considers our Manu to be later than the fourth century^, apparently because a passage quoted from Vr/ddha Manu, which he takes to be a predecessor of our Sa?;/hita, mentions the twelve signs of the zodiac. I do not think that it has been proved that every work which enumerates the raj-is must be later than the period when Ptolemy's astronomy and astrology were introduced into India. But irrespective of this objection. Professor Max Miiller's opinion seems to me untenable, because, according to Professor Jolly's and my own researches^, the Vr/ddha or Br/hat Manu, quoted in the digests and commentaries, is not earlier, but later than Bhr/gu's Sa?//hita. Whatever may be thought ^ Elphinstone, History of India, p. 249 (edition of 1874). ^ History of India, vol. ii, p. 422. ^ India, what can it teach us ? p. 366. * See above, p. xcvii. CXVlll LAWS OF MANU. of the details of my inferences and conclusions, I believe that the rudimentary state of the legal theories in our Sawhita, as compared with Ya^yTavalkya and Narada (fourth or fifth century A. D.), the fact that the Brzhaspati-smr/ti of the sixth or seventh century A. D. was a Varttika on our text, and the assertion of Medhatithi, that he knew in the ninth century commentaries belonging to a remote antiquity, force us to place it considerably before the term mentioned by Professor Max Miiller. III. It now remains to give an account of the materials on which my translation is based, and of the manner in which they have been used. Among Sanskrit works the com- mentaries of Medhatithi, Govindara^a, Sarva^>7a-Naraya;^a, Kullukabha//a, Raghavananda, and Nandana-^arya, as well as an anonymous Tippana., contained in a Kaj-mir MS. of the Manu-sa;«hita, are the sources on which I have chiefly relied. Among the earlier translations, Sir William Jones' famous versio princeps and Professor J. Jolly's annotated German translation^ of chapter VIII and chapter IX, i- I02 have been carefully used. Occasionally Mr. Loiseleur Deslongchamps' well-known edition of the text, the Eng- lish translation of chapters I-III, ;^;^ by Tara/l'and /^akra- varti (A'uckerbutty)^and the Mara///i translation of 6"anar- dan Vasudev Gur^ar ^ have been consulted. Sir G. C. Haughton's edition and various Indian reprints of the text have been left aside, because they mostly repeat Kulluka's readings or give variae lectiones for which no sufficient authority is shown. Among the Sanskrit commentaries on the Manu-smr/ti the oldest extant is the voluminous Manubhashya of Bha//a ^ Published in the Zeitschrift fiir vergleichende Rechtswissenschaft, vol. iii. - I have used the copy of the India Office Library, 19-27, 17. The name of the autlior is given by Professor Goldstiicker, On the Deficiencies, &c., p. 5, note. ' Published with the text of Manu, at the Nirwayasagar Press, Bombay, 1877. INTRODUCTION. CXIX Medhatithi, the son of Bha^/a Virasvamin. As its title, bhashya, indicates, it is not a gloss which paraphrases every word of the text. Its aim is to show the general sense of Manu's dicta, to elucidate all really difficult passages, and to settle all doubtful points by a full discussion of the various possible interpretations, and of the opinions ad- vanced by others. In carrying out this plan Medhatithi displays a great amount of learning and not inconsiderable ability. He carefully uses a number of more ancient com- mentaries on Manu, and shows a full acquaintance with the 5astras requisite for the successful explanation of his text, with Vedic literature, grammar, Mimawsa, the Dharma- sutras 1 and other Smr/tis, Vedanta, and the Mahabharata. At the same time he avoids the common fault of Sanskrit commentators,— an undue copiousness in quotations which bear only remotely on the subject under consideration. Moreover, he frequently enhances the value of his explana- tions by illustrating Manu's rules by instances taken from every-day life, a point which most Hindu writers on law and on kindred subjects entirely neglect. Finally, he fre- quently takes up a much more independent position towards his author than the other commentators dare to assume. Thus he does not shrink from declaring that many verses are arthavadas, without legal force, and that many single words have been inserted merely vr/ttapu- ra;/artham, 'in order to make up the verse.' His chief weakness, on the other hand, which is not unfrequently observable, and which has drawn on him Kulluka's stric- ture ^ that he brings forward 'both valuable and valueless' remarks, consists in a disinchnation to decide between con- flicting interpretations and in his sometimes placing side 1 Medhatithi quotes the Dharma-sutras in general, and Gautama, Baudha} ana, Apastamba, and YasishiJia., as well as some other lost works, in particular. Among the lost Dharma-sutras which he used, is a Katyayaniya-sutra, quoted on Manu VIII, 215, which seems to have treated the civil law in detail, and pro- bably is the original of the metrical Katyayana-smrni, from which the digests give so numerous extracts. ^ See the concluding verses of Kulluka's commentary. Sir W. Jones' state- ment that Medhatithi's work is reckoned ' proli.x and unequal ' (Preface to the Translation, p. xvii, St. Grady) is probably based on this remark of KuUuka. CXX LAWS OF MANU. by side, as equally admissible, widely divergent opinions. This vacillation is perhaps justified in a restricted number of passages, where the text is really ambiguous or very obscure. But more commonly it seems to be due solely to an excessive veneration for the views of his predecessors ^, whose commentaries, in part at least, possessed a high antiquity and a great reputation, or whom he had personal reasons to respect. On several occasions he mentions certain explanations as those of the Purvas or Kiravitanas, i. e. of the ancient commentators. Thus he remarks on Manu IV, 223, 'But the exposition given above is the view of the Ancients ; hence it has also been given by us^.' In another case, when explaining Manu IX, 141 and 147, he notes that his interpretation is that of upadhyaya, i. e. of his own teacher from whom he learnt the Manu-sawhita. Disagreeable as this want of decision may be to those who look to a commentary for a concise and authoritative explanation of its text, yet it is not without advantages. His copiousness in quoting the opinions of his predecessors makes his work extremely important for the student of the history of the Manu-smn'ti and of the Hindu law. The Bhashya clearly proves that Manu's text had been made for centuries an object of deep research, and that many of its verses had given rise to widely different interpretations. It shows, further, that a good many various readings existed. Finally, a comparison of the later still extant commentaries leaves no doubt that these in general are based on the Manubhashya, and that even their divergent opinions and readings are frequently derived from the earlier work. Under these circumstances the question of ^ Though the opinions of ' others ' are mentioned very frequently, and though sometimes those of three or four predecessors are contrasted, Medhatithi gives only once the name of an earlier commentator, Manu IX, 253, ^''^r MMrtT ^Tf^rTfirj^frr: m ^%tw^ ^fir w^t: (?) [v.i. ofr (?)] f^tm^m't i Xf^ W^ ff^r^'iT'T^ren'iT II The name seems to be Vishwusvamin. But it is uncertain what the corrupt word, preceding it, may hide. * •^^ HTJ^T^nr TTrqJ^^f ^^^^fiTrHWlf^TTlftl ^f§rn=( II Compare also the remark on Manu V, 128, tT"^ f^i;W%^U?IITrr'l^ II INTRODUCTION. cxxi Medhatithi's date acquires great importance. It is a matter of regret that in this, as in so many other cases, we do not possess any trustworthy historical information, but have to depend on such circumstantial evidence as can be collected from Medhatithi's own quotations and from the quotations made by other authors from the Bhashya. If we begin with the latter, the lower limit for the com- position of Medhatithi's work is fixed by Vi^/Tanej-vara's reference to his explanation of Manu IX, 118 i. Vi^y7ane- jvara wrote his commentary on Ya^;7avalkya in the reign of the A'alukya king, Vikramaditya VI, who ruled at Kalya;/a from vSakasamvat 997-1048, or 1073-1126-7 a.d. ^ The manner in which Vi^;7anej-vara's reference is made, shows that in his times the Bhashya possessed an established repu- tation. Hence it may be inferred that it was then not of recent date. To the same conclusion points also a passage in Kulluka's commentary on Manu VIII, 184-^, where, in a remark on the arrangement of verses 181-184, Medhatithi's name is placed before that of Bho^ara^a. As in enu- merating their predecessors the commentators usually adhere to the natural order, and place the oldest name first, it is very probable that Kulluka means to indicate that Medhatithi preceded Bho^ara^a. If, as again is most likely, the latter is identical with the royal polyhistor who reigned at Dhara during the first half of the eleventh century A. D., it follows that Medhatithi cannot have written later than in the tenth century. With respect to the remoter limit for the composition of the Bhashya, I have formerly stated ^ that Medhatithi quotes Kumarila and vS"ankara>^arya, the great authorities on Mima/z/sa and Vedanta. The former is mentioned by name in the remarks on Manu I, 3, and by his usual title Bha//apada/^, ^ Colebrooke, Mit. I, 7, 13. * See Journ. Bo. Br. Roy. As. See. vol. ix, pp. 134-138, and West and Biihler, Digest of Hindu Law, pp. 15-17, third edition. THTrit'^fr; II See also Jolly, Tagore Lectures, p. 8. * West and Biihler, Digest, p. v, first edition. CXXU LAWS OF MANU. 'the venerable Bha//a,' in the commentary on Manu II, i8 \ As regards ^ankaraMrya, I find that Medhatithi's ac- quaintance with his writings is by no means as certain as I formerly thought. For in the passage where my own copy, a transcript of a Puwa MS., makes Medhatithi quote the 6'arirakabhashya, the older and better MSS. of the India Office read 6"ariraka, which probably implies a reference to the vSariraka-sutras ^. Under these circumstances it is no longer possible to assert that the Bhashya is later than the works of the great Vedantist, who wrote in the beginning of the ninth century A. D. We have now only the quota- tions from Kumarila to fall back upon, whose date is much less certain. We know that Kumarila preceded .Saiikara- Mrya ^, but the length of time which lies between them has hitherto not been exactly ascertained. Mr. Colebrooke, Dr. Burnell, and Professor Max Miiller believe, for various reasons, that he lived in the seventh century or not later than 700 A-D."^ Though, as far as his quotations go, Me- dhatithi might have written earlier than the ninth century A.D., I still feel inclined to adhere to my former opinion. For a closer examination of the Bhashya has revealed some other points which speak in favour of my view. Medhatithi repeatedly quotes the metrical law-books of Ya^y7avalkya, Narada, and Para^-ara, as well as the version of the Ka/Z-aka Dharma-sutra, known as the Vish;m-smr/ti, and considers all as canonical. None of these works has, however, a claim to a high antiquity; and the Vish«u-smr/ti, in particular, which mentions the Greek name of a week- day, cannot be older than the fifth or sixth century a.d. ' 1, 5, ^fw f mfc^Tj-^: 11 II, 18, g-^ 'q H^m^: 1 f^^:gT '^ f^iftTiT 2 Manu XII, 19, TTg ^ \?^m^>fr^f TifiT f^T^f^^ [?^] ^^*4 ■^■q^ I IT^ ^^iT ^TT^^^ [v. 1. of my MS. ^T7:'^Tcpvt7'^] ^^^ U^TT ^ See Trofessor Cowcll's note to Colebrooke's Essays, I, p. 323. * See Professor Max Miiller, India, what can it teach us? p. 308, note. INTRODUCTION. CXXUl If Medhatithi, nevertheless, considers it to be an inspired work, revealed by the god Vishwu, it is only reasonable to assume that a very considerable interval lies between the date of its composition and his own times. This is so much more probable, as the Vish;/u-smr/ti was probably written in Kajmir, which, as will be shown presently, was also Medh^tithi's home. A more definite result with respect to Medhatithi's date is, I fear, at present not obtainable. His references to other works, such as a Vakyapradipa by one — rimi^ra^an Abhidhanakosha ^, Piii- gala's treatise on metrics ^ a work of the ancient writer on Sawkhya, Vindhyavasin, and so forth, are, in the present state of our knowledge of the history of Sanskrit literature, not particularly useful. The Bhashya furnishes, however, two interesting details regarding Medhatithi's personal history. First, we hear that he wrote a metrical treatise on the sacred law, called Smr/tiviveka. Secondly, it appears that the valley of Kai-mir, which has produced so many Indian men of letters, was his native country. The Smrz'ti- viveka is mentioned repeatedly in the Bhashya as a com- prehensive work in which difficult legal questions were fully discussed '^. As regards the other point, there is no direct statement in the Bhashya which mentions Medha- tithi's birthplace. But the author refers so frequently to Ka^mir, its laws, its Vedic .S"akha, and even to its language, that the inference that it was his native country becomes unavoidable. Thus in explaining the word svarash/re, ' in his own kingdom' (Manu VII, 32), and the term ^anapada/^, 'country or province' (Manu VIII, 41), he introduces the 1 Manu XII, iiS, TimTTirfT^'T^^i^HflTTTT^^^t^T^^ IJlff^: IT^T^^" Professor Kielhom informs me that the verse does not occur in Hari's Vakyapa- diya, which sometimes is called Vakyapradipa. ' Manu IX, 185-6 ; the words quoted are, ^T^?i VTrfj^-onT II s Manu IX, 42, TT^^ f^^^^ I ^^iffff^ [^] m'^K W Pingala VIII, I ; see Weber, Indische Studien, VIII, 147. * See e.g. comm. on II, 6, fVrg^rT^ rff^^TffHWTfH: ^ffliV^^ I and ibidem, fl^lT^^lf^WTfi?^^ I f^^cJX^ ^f^m^ "^S^: U CXXIV LAWS OF MANU. name of Kajrnir as an illustration ^. Again, in giving examples of royal monopolies in the remarks on Manu V'lII, 399, he states correctly that the sale of saffron is a prerogative of the king of Kaj^mir. Further, he repeatedly refers to the Ka///aka ^Sakha of the Black Ya^ur-veda, which for a long time has been confined to Ka^mir alone ; and, when trying to prove in the notes on Manu 1, 58, that the Manava Dharmaj-astra may be called Manu's, though it was first taught by Hira/zyagarbha, he adduces as an analogous instance the Ka///aka, which, though studied and taught by many others, is named after Ka///a. Such an illustration would hardly occur to anybody but a student of the Ka///aka Sakha. Still more decisive, finally, is his remark in the commentary on Manu IV, 59. where he says that the rainbow is called in Ka^mir vinaMaya ^. As regards the history of the text of Medhatithi's com- mentary, Mr. Colebrooke states in the preface to the Digest; p. XV (Madras edition), that 'the Bhashya' having been partly lost, has been completed by other hands at the court of Madanapala, a prince of Digh. This assertion probably rests on the authority of a stanza in the 5ardula- vikric/ita measure, found in a number of copies at the end of a good many chapters, which says that ' the Bhashya being mutilated, prince Madanapala, the son of Sahara/za, brought a MS. from another country and made a ^irnod- dhara, or restoration of the ruin, by causing copies to be taken from that ^.' Considering the wording of the verse, 1 VII, 22, fq^mTTH^Tf^^mirff^ ^i^t ^^^^t^: 1 ^T:jjfti:=F^ ^^nt- u: ^^c^JT^rt ^^^Tc^t: 11 viii, 41, f ^sfiTf^^T^jftTrrf^^f^^in^fv^- ' ^^^^ :nT>Rft^^T^flT TTT ^^rffrg "^awk 11 I must note that Professor Jolly, Tagore Lectures, p. 6, offers a different opinion, and takes Medhalithi to be a southerner. His reasons — the termination svamin in the name of Medhatithi's father's name, Virasvamin, and the attention paid by the ancient southern authors to the Bhashya — do not seem to me sufficiently strong. For, as the Kaj-mirian name Kshirasvamin and scores of Svamins in the northern inscriptions show, the title was, at least, formerly not confined to the south. Further, the intercourse between Kaxmir and southern India in the time of Bilha«a and of Harshadeva accounts for the introduction of a Ka.s- mirian work to the notice of the southern VaJidits. ^ Professor Jolly states, Tagore Lectures, p. 7, that he has found the verse, INTRODUCTION. CXXV I can only agree with Professor Jolly (loc. cit.) that Mada- napala did not cause portions of the Bhashya to be recom- posed, but merely completed the defective MS. of his library from a copy purchased in some other part of India. The place where this ^irwoddhara was made, was Kash///a, near Delhi. For as the verse says that Madana was the son of Sahara/^a, it is not doubtful that this person is identical with Madana or Madanapala, the patron of Vii'vei'varabha^'/a, who wrote the Subodhini on the Mita- kshara and the Prayoga- or Madanapari^ata. Vi^-vei-vara gives, in the introduction to the latter work, a portion of his patron's genealogy ^, and states that Madana belonged to the family of the chiefs of Kashf/ia., and was the second son of one Sadharawa. It is easy to see that in the verse quoted above the Prakritic form Saharawa has been used instead of Sadharawa for metrical reasons. This Madana has been identified by Mr. Colebrooke with the homonymous author of the Madanavinoda;, which is dated in Vikrama- sawvat 1431 or 1375 A.D., and Mr. Sarvadhikari ^ confirms this identification, by telling us that the Madanavinoda contains the same pedigree of Madana as the Pari^ata. Hence ' the restoration ' of the Bhashya must have occurred about five hundred years ago. more or less con-ectly given, in seven old MSS. from various parts of India. In my opinion it should be read as follows : HT^T ^ifq J^'^OTflTH^fqcfr ■fewJ H I differ from Professor Jolly at the end of the second pada, where he reads with a Benares MS. UToi ^ ^'W^T^'^, and at the end^of the third pada, where he changes the reading of the MSS. ^^ or ^^Tlt to W^HI. ^ Aufrecht, Cat. Sansk. MSS. of the Bodleian Library, p. 274. ^ Tagore Lectures of 1880, p. 389. Mr. Sarvadhikari wishes to read the date brahma(T)^gat (3) yuga (4) indu (1), (Magha sudi 6, Monday,) as 1231. He thinks that yuga may also denote the figure 2, and that the reading Vikrama- sawvat 1 231 is necessary, because the Pari^o-ata is quoted by A'afic^csvara, who wrote in the thirteenth century. He is, however, mistaken, as the astronomical calculation shows that Magha sudi 6 of Vikramasawvat 1431 did fall on a Monday (Jan. 8, 1375), while the same day in V. S. 1231 was a Thursday. The Pari^ata quoted by A'awi/ej-vara must, therefore, be some other work on law. The title is a not imcommon one. CXXVl LAWS OF MANU. It would, however, seem that it either was not thorough, or that its effects were not lasting. For all the copies of Medhatithi's commentary which I have seen or used are throughout more or less corrupt, and in some parts, especially in chapters VIII and IX, as well as at the end of chapter XII, in a desperate condition. The latter portion is in great confusion, some pieces being missing, and others being given twice over. In chapters VIII and IX many verses are left out, though it is evident from cross-references, or from remarks made by Kulluka, that they must have been explained by Medhatithi. In the parts of the commentary still extant, the cor- ruptions are often very bad, and the sense frequently doubtful or only to be made out conjecturally. Under these circumstances I believe that it would be unwise to attach too much weight to the omission of verses with respect to which the Bhashya stands alone. Before we can attempt to come to a decision regarding the exact state of the Manu-smrz'ti in Medhatithi's times, we require, I think, better MSS. of his work. The officers in charge of the search for Sanskrit MSS. in India could render a very great service to the history of the Indian law, if they would direct their efforts to the acquisition of really good MSS. of the Bhashya, and if thus a competent scholar were enabled to publish a trustworthy edition. The MSS. used for the notes to my translation are, my own apograph of chapters I-VI and X-XII, made in 1864 from a Pu«a MS., and the copies of the India Office Library, Nos. 934-935. 1407-1409) I4i4> i55i-i552. All of them go back to one codex archetypus, derived from Madana's restored copy, and the best is that contained in the Indian Office Library, Nos. 1551-1552, which is dated Sa;«vat 1648, margai-irsha sudi 3, somavasare, or Monday, November 18, 1591 a.d. ^ Next, after the Manubhashya, but probably at a con- siderable interval, follows the Manu/ika of Govindara^, * For this and some other calculations of dates I have to thank Dr. Schram, Privat-Docent of astronomical chronology in the University of Vienna. INTRODUCTION. CXXVU the son of Bha//a Madhava. The exact date of this author is Hkewise not ascertainable. He is extremely reticent about himself and his predecessors, and quotes, with the exception of Smn'tis, not a single work on law except his own Smr/ti-ma/''^ari or Sm;7ti-ma;7^aripa;7^ka, a compila- tion of rules on penances^, derived from various Dhar- ma^astras. The remoter limit of his age can, however, be deduced from Kulluka's remarks on Manu VIII, 184, whence it appears that Govindara^a was later than Bho^a of Dhara (first half of the eleventh century). The lower limit is fixed by the mention of his name in 6^imutavahana's Dayabhaga^ and in .S"ulapa;n's work on penances^. I can only agree with Professor Jolly, who thinks that he Hved in the twelfth or thirteenth century*. The termination of Govindara^a's name has induced several scholars (see Jolly, loc. cit.) to assume that he was a prince, and it has been proposed to identify him with a Govinda- y^-andra of Benares or with a homonymous king of Kano^. But the son of a Bha//a can only be a Brahma;^a, and it must not be forgotten that Govindara^a is the equivalent of Govindrao, a name very common among the Mara///a Brahma/zas. The Manu/ika is a very concise, but by no means obscure ^ ^ Commentary on Manu III, 247 and 24S ; see also Kulluka on Manu IV", 212. A copy of this work, written at Vasuravi in Sawvat 1467, a^vina badi — janau, during the reign of Maharaja Udayasiwha, is preserved in the India Office Library, No. 1736. Colebrooke thought that the date had to be referred to the Vikrama era, and the editors of the series of facsimiles issued by the Palaeogra- phical Society, No. Ill, have followed him. But it is not doubtful that the prince mentioned in the colophon is Maharawa Udayasiwha of Meva^, who ascended the throne in 1541 a. D. Hence the date of the MS. refers to the 6aka era, and corresponds to 1 545 A. D. The Sm;-Hi-ma;7f art contains no quotations from other law-books than Smr/tis. The name of Govindaraoa's father, Bha//a Madhava, occurs frequently in the colophons of the several sections. ^ Colebrooke, Day. XI, 2, 31, where Govinda's name is also placed after Bho^ara^-a's. ^ Aufrecht, Cat. Sansk. MSS. of the Bodleian Library, p. 283*. * Jolly, Tagore Lectures, p. 9. ' 'Obscure' is the epilhetappliedtoitbySirW. Jones, Pref. to the transl. of Manu, p. xvii. (St. Grady). This estimate is probably derived from Kulluka's utterance in the concluding verses of his commentary, ^lofi ^^ frfT^TT'^^^TTT^f^- r^TTTTt inTT. It is only what might be expected from a plagiary who bitterly hated the man whose work he wished to supersede. CXXVlll LAWS OF MANU. verbal paraphrase of Manu's text. In the main it is an abstract of Medhatithi's Bhashya from which Govinda has appropriated whatever seemed to him most valuable. He has discarded the greater number of his predecessor's optional explanations, as well as his lengthy controversial disquisitions on difficult points of law, while he has greatly condensed others. He has added explanations of those words on which Medhatithi docs not comment, and he sometimes also puts forward opinions, not traceable in the earlier work, which may be either his own or derived from sources inaccessible to us. But in such cases he is occa- sionally unlucky, and arrives at results which his successor Kulluka ridicules, not without reason. Thus in his remarks on Manu HI, ^o, where the text says that a man who restricts conjugal intercourse to a minimum, is equal in chastity to a student ' in whichever order he may live,' Govinda takes the last words in too literal a sense and enunciates the, for a Hindu, monstrous doctrine that Manu intends to permit ascetics, whose children have all died, to return to conjugal life and to repair the loss which they have suffered. Some other strange errors have been pointed out by Professor Jolly in his Tagore Lectures, p. 9, note I. These occasional eccentricities do not, however, seriously diminish the usefulness of the Manu/ika. It re- mains not only the earliest, but the best complete explana- tion of Manu's text. It frequently assists the student to find his way through the tangled forest of the Bhashya, and it contains many valuable interpretations of words left unexplained by Medhatithi. The MS. used for the notes is the unique copy, acquired by myself for the Government of Bombay (Deccan College Library, Coll. of 1879-1880, No. 239). It is in a very fair condition, and contains the whole text and the commentary, excepting that on IX, 71- 336. It was written at Stambhatirtha or Cambay, probably about 250-300 years ago. The chronological position of the next commentary on our list, Sarva^/7a-Naraya;/a's Manvarthavivnti or Manvar- thanibandha, is fixed, as Professor Jolly has first pointed out, by a passage in the introduction to Raghavananda's INTRODUCTION. CXxix commentary^. The latter author says there that 'he has taken cognisance of (the opinions) approved by Kulluka and Naraya;za, and of those entertained in their hearts by Govinda and Medhatithi.' As it is evident that in the second group the later author has been placed first, the assumption that the same order has been observed with respect to the first pair, and that Raghavananda, applying the principle of uttarottaragariyastva, i. e. naming the more important persons later, intends the whole series to be read backwards ^, is not unreasonable. In its favour speaks also the fact that Naraya;^a quotes Govindara^a on Manu VIII, 123. In order to fix the date when Naraya;za wrote, we have to rely chiefly on some quotations. His opinions on law are first quoted by Kamalakara, who wrote in the beginning of the seventeenth century ^. But a Namani- dhana by Naraya;^a Sarva^;7a is mentioned by Rayamuku/a in his commentary on the Amarakosha, which was com- posed in 143 1 A, D. * The only MS. of the Manvarthavi- vrz'ti '^ hitherto found (Deccan College Collection of 1H79- 1880, No. 238) bears at the end of Adhyaya VIII, the date Sa;«. 1544 >^aitra badi 9 ravau, which corresponds to Sunday, March 27, 1497 A. D. Hence it follows that Naraya«a cannot have written later than in the last half of the fourteenth century. Possibly he may be somewhat older. The Manvarthavivr/ti is not a running commentary which explains every word of the text. It confines itself to the elucidation of selected difiicult passages and words. It was written with the avowed intention of undoing the work of the author's predecessors. At the end of chapters ^ Jolly, Tagore Lectures, p. 1 1 ; the passage has been printed in Dr. Burnell's Tanjore Catalogue, p. 126. ^ This manner of enumerating a series of persons or of arguments is also found occasionally in older Sanskrit works; see e. g. Vasish^a XIII, 58. ^ Aufrecht, Catalogue Sansk. MSS. Bodl. Libr. p. 279. * See Professor Aufrecht's Analysis in the Journal of the German Oriental Society, vol. xxviii, p. 114. * This MS., which has been iised for the notes to the translation, is a very fair copy, containing the commentary alone. Fols. i-8 have been half eaten by rats. P'ols. 192-3 have been lost. [25] i CXXX LAWS OF MANU. I, VI, and VIII we find a verse, apparently belonging to Naraya;/a, which says,' This commentary of the Manu-smrz'ti, composed by the illustrious Naraya;/a Sarva^;7a, thrusts far away the exposition given in contemptible compilations ^.' Again, at the end of chapter IV we read, 'Direct your atten- tion to the good words of Narayawa Sarva^>7a, which propound the real meaning of Manu and repel the exposi- tion given in contemptible compilations^.' As might be expected from these utterances, Narayawa shows a great anxiety to find explanations differing from those of Medha- tithi and Govinda. Sometimes he attains this aim by returning to views which Medhatithi mentions and rejects ; but more frequently his explanations have been either taken from commentaries inaccessible to us, or represent opinions formed by him independently. All his peculiar interpretations deserve careful attention. In many cases they are decidedly preferable to those of the other com- mentators, and have therefore been not rarely followed in the translation. Naraya;/a seems to have been not only deeply versed in the sacred law, but to have possessed also a knowledge of various other 5astras. As we learn from his commentary on Manu V, S^, 80, 104, XI, 72, he also wrote two other works on Dharma, a Kamadhenudipika and a ^"uddhidipika. His Kosha has been mentioned above. Commentaries of his on parts of the Mahabharata, e. g. on the Udyogaparvan, on the Svargarohawapaivan ^5 and on the Sanatsu^atiya, are still extant *. ^r?T II Thus at the end of chapter I ; in the other two passages the MS. has the faulty form f^i^ftJTT. _ ♦ V*^^^WVW II Three other boastful verses occur at the end, i. of chapter III, ^^n^nrot^r^'^r^^f^nTTT^: 1 j^^wfwfTTT'^T^ [t] Jrfvin^rT ^ITT: 11 2. of chapter V. ■^TtTTRTTTO^frf^^ ^^ >^Xj(^f{ I V^n? fVlTJh} -^IT TI^-^T'^f-^fW'^ n ?,. of chapter TX, ^^TH^niml^-^ »Tv=r§rH^?yrr»^ 1 wt^ vW ru ^ ^[1^]?^ ^ ^ [ht] ^wr{ 11 ' Weber, Berlin Catalogue, Nos. 304, 399: Aufrecht, Catalogue, Bodl. I.ibr. p. 2. * Telang, Sacred Books of the East, vol. viii, p. 148. INTRODUCTION. CXXXl The fourth work on our hst, the well-known Manvartha- muktavali of Kullukabha//a, the son of Divakarabha//a, was considered until lately the most trustworthy guide for the exposition of Manu. In the introductory verses to his commentary KuUuka informs us that he was a Gau^a or Bengali by birth, his father residing in Nandana in Va- rendri\ and that he wrote his work at Benares with the assistance of other Pa;/.^its. As regards his times, we only know that Narayawa Sarva^v7a and another commentator, Dharawidhara 2, stood between him and Govindara^a, and that Raghunandana, who wrote in the beginning of the sixteenth century, is the earliest author who quotes him ^. He, therefore, lived probably in the fifteenth century. The Manvarthamuktavali is, as Professor Jolly has been the first to recognise *, little more than an improved edition of Govindara^a's Manu/ika. In spite of the asperity with which KuUuka repeatedly inveighs against his predecessor, he has not disdained to copy very large portions of the Manu/ika, sometimes verbatim and sometimes in ver>' in- sufficient extracts, where the omissions make the meaning obscure. Moreover, even where the wording of the two commentaries differs, the influence of Govinda is distinctly visible. Under these circumstances the value of the Mukta- vali is, since the recovery of the Manu/ika, not very great, though it is undeniable that in certain cases KuUuka's inde- pendent remarks or criticisms of the earlier works are useful. Its great fame in India and its frequent occurrence in the libraries of native lawyers in all parts of the Peninsula may be explained by the fact that it was written and approved at Benares, which town has, since remote times, been a most important literary centre and the chief source from which the Tdiudits draw their supplies of books. For the notes I 1 In the colophon of chapter XII, the place is called Varendranandana. The district of Varendra lies between Dinajpur and the Ganges, Cunningham, Arch. Reports, XV, Plate i, and p. 40. - See concluding verses at the end of chapter XII. ^ Aufrecht, loc. cit. p. 292. * Die Juristischen Abschnitte aus dem Gesetzbuche des Manu, p. 3, des Separatabdnicks ; Tagore Lectures, p. 10. i 2 CXXXll LAWS OF xMANU. have used no MSS. of the IMuktavaH ; but two editions, 6^ibanand's reprint of the earHer Calcutta edition ^ and the Bombay hthographed edition of ^"akasawvat 1780. The latter is by far the better one, but leaves, like all other editions which I have seen, much to desire from a critical point of view. There are a good many passages in which the text does not agree with the commentary. On the Manvarthamuktavali rests the Manvartha>^an- drika, written by Raghavananda Sarasvati, an ascetic of 6"ahkara>^arya's school -, and a pupil of one Vijvejvara- bhagavatpada. Though the author asserts, as stated above, that he used four older commentaries, he mostly adheres to Kulluka's opinions. It is only rarely that he prefers Nara- ya;za^s interpretations or recurs to views of Govindara^ and Medhatithi, which Kulluka refuted or left unnoticed. His exposition of the philosophical portions of the text is, how- ever, mostly independent, and he interprets them throughout in such a manner as to agree with the Vedanta doctrines of his school. The ^andrika is not a running commentary which paraphrases every word of Manu, but gives mostly, besides a short summary of the general meaning, merely remarks on difficult words and passages. It is probably a modern work, dating from the sixteenth or the beginning of the seventeenth century ^. I have not met with any quota- tions from it in other law-books. The oldest known IVIS. is that brought by Anquetil from Gujarat and deposited in the Bibliothcque Nationale at Paris (Devanagari 49, fonds d'Anquetil, No. 16). Its date, Sa^/^vat 1706 varshe karttika badi 10 somadine, corresponds, according to Dr. Schram's * The reason why I used this very incorrect text, was that Professor Jolly kindly lent me his copy in which he has entered the various readings of Medh., Gov., Nar., Ragh., of the Kajmir copy and other MSS. ^ According to H. H. Wilson, Works, I, pp. 202-3 (ed. Rost), the ascetics, bearing the title Sarasvati, follow the sawpradaya of ^'aiikara^arj'a. See also Aufrecht, Catalogue Sansk. MSS. Bodl. Libr. p. 227. ^ Mr. Loiseleur Deslongchamps' attempt (Lois de Manou, p. xvi'* to identify Raghavananda with Raghunandana, the bha//a/^ar)'a of the sixteenth century, is an unlucky guess. It seems to me that the author of the Aandrika is identical with the ascetic Raghavananda, pupil of Advayananda, pupil of Virvefvara, who is mentioned as an author on Sawkhya and Vedanta philosophy by Dr. F. E. Hall, Catalogue, pp. 6, 91, &c. INTRODUCTION. CXXxiii calculation, to Monday, November 29, 1649, Another old MS. of about the same date is mentioned by Dr. Bur- nell, Tanjore Catalogue, p. 126. For the notes I have used the Paris MS., which was kindly lent to me by the French Government, as far as Manu IX, 187. It contains both the commentary and the text, the former being, however, left out on I, 45-78. For the remaining portion I have con- sulted a very old, but much damaged copy of the Deccan College Collection of 1 882-1 883, acquired by Professor Bhaw^arkar for the Government of Bombay. The name of the sixth commentary is, according to the MS., the loan of which I owe to the courtesy of Divan Bahadur Raghunathrao of Madras, Manuvyakhyana, but according to Dr. Burnell, Tanjore Catalogue, p. 126, Nandini. Its author calls himself Nandana (Nandani/^arya according to Dr. Burnell), the son of Lakshma;/a, a member of the Bharadva^a gotra, and the dear friend of the illus- trious Viramalla^. In all probability he was a native of Southern India. For his work is, as far as I am aware, known in Southern India alone; its MSS. are met with only in the Madras Presidency, and Professor Jolly (loc. cit., p. 12} has found that many of his peculiar readings agree with those found in Southern MSS. of the Manu-smr/ti. As his name is not quoted in any commentary on Manu or in any work on law, known to me, it would seem that he is either of very modern date or that his opinions were not held in any great esteem. Mr. Raghunathrao's MS. is dated 6"akasaw/vat 1724, Magha sudi pratipad, or 1803 A. D. The Manuvyakhyana is a very short commentary, which mostly repeats and explains only a few words or phrases of the text. It dismisses many verses which stand in need of elucidation with the curt remark spash/a/^, ' clear,' and ^ The colophon of chapter XII runs as follows : jffl^ ^tHTTITiT'TT"^^ ^irr^T"^f Hi%lTT^f 1"T?^11}R: 11 Viramalla was probably a prince or chief, and the mention of his name will eventually aid to ascertain Nandana's time. A third variety of the latter's name occurs in the Madras edition of Cole- brooke's Digest, p. xv, note 6, where the editor speaks of a commentary on Manu, Nandaraj-krit (?) by Nandar<\ja. CXXXIV LAWS OF MANU. passes by others without any note. Though no names are ever quoted, most of the explanations have been taken on purely eclectic principles from the earlier commentaries, among which the first four of our hst must certainly be reckoned. The .favourite among them is the Manvartha- vivn'ti. The notes to the translation show a considerable number of cases where 'Nar. and Nand.' form a separate group, and on important points advocate opinions opposed to those of Medhatithi, Govinda, and Kulluka. But there are also other passages, concerning which Nandana agrees either with Medhatithi alone, or with ' others,' quoted by Medhatithi, with Kulluka or even with Govinda. Finally, he offers in a certain number of cases expositions not traceable elsewhere, some of which, especially those on the philosophical pieces, deserve attention. The text which Nandana follows, differs not inconsiderably from the vulgata. It shows, besides very numerous, more or less important variae lectiones, some omissions, additions, and transpositions of entire verses. Many of Nandana's various readings are derived from Medhatithi, Naraya//a, and other older commentators, who either themselves follow them or at least mention their existence. As regards those which Nandana alone offers, the majority seem to be either cor- ruptelae or conjectures, and sometimes very unlucky ones\ The transpositions, which partly occur in passages regarding the order of which the other commentators agree, appear to have sometimes at least no better authority than guesses made by Nandana. Thus if he places Manu I, 27 after verse 19, and X, 14 after verse 6, and adds in each case that, ' if some read the verses further on, that must be due to an error of the copyists,' I can only see in this remark a 1 To the first class belongs ^^ftnft: for ^^iftlrft: M. Ill, 114, the sense- less cFT^^'^ for oFT?!Jl^ M. VIII, 154 (not given in the notes), ^«r^ for ^TT'tT'^; IX, 202, and so forth ; to the second, ^TToJft^FIfl^^^ for ^TT^fcl %^ M. Ill, 5, tl^-SJ^?!; for XirtfsjWTJ^ M. VII, 54, ^^Tcyf^lT: for 'STcT^R: M. VIII, 162, 7rT%^iTin: for ^ifeeFIin: M. VIII, 283 (not given in the notes), ^m^it^iT^^ for ^W^^ Tlif^ M. IX, 126, ^^TfT^T^ (loc. sing, of ^q^T'^ !) for ^STRTrr^Tr^M. X, 28, and so forth. INTRODUCTION. CXXXV confession of his having done violence to the traditional text. The verses which Nandana adds are, I think, all interpolations, some of which perhaps go back to early- times, as they occur also in the Southern MSS. and in the Kaj-mir copy. With respect to the omissions, Nandana sometimes follows one or several of the other commen- tators. In other cases he agrees with the Southern MSS. alone, and again in others he stands quite by himself. One of the omissions of the last class, Manu V, 6i, is, as has been pointed out in the notes, purely due to an accidental lacuna in the MS. which Nandana used. With respect to numerous other cases it must be noted that the two copies of the Manuvyakhyana which European scholars have examined, Mr. Raghunathrao's and Dr. Burnell's (chapters VIII-IX, now in the India Office Library), differ very con- siderably. Thus in chapter VIII, Dr. Burnell's copy omits, according to Professor Jolly's collation^, verses 8, ii, 14, 74, 81, 103, 227-228, 231, 332, while Mr. Raghunathrao's MS. has them all excepting verses 8, 228, and 231, and gives even notes on 11, 14, 81, 103, 227. These differences between the two copies seem to extend also to readings in Manu's text and to explanations. But it is not rarely difficult to give a definite opinion on these points, because Mr. Raghunathrao's MS. sometimes gives only the Pratikas of the verses, and is often so corrupt that the sense can be made out only by means of conjectural emendations. Under these circumstances it will not be advisable to attach too much weight to variae lectiones, derived from the Manuvyakhyana, which are not supported by the authority of other commentaries. The anonymous Zippa;/a, or collection of detached ex- planatory remarks, in the Kaj-mir birch bark MS.^ is of very small importance. It looks as if it owed its origin to the marginal notes of some learned Paw^^it, which, later, were copied with the text and placed after the verses to * Compare also Professor Hopkins, Notes on the Nandini, Proceedings of the American Oriental Society, October, 1883, p. xviii, where, however, only verses 8, II, 74, 81, and 332 are enumerated as missing. ^ Deccan College Collection of 1876- 1877, No. 355. CXXXVl LAWS OF MANU. which they refer. Professor Jolly ^ has pointed out that in one case it characteristically agrees with Govindara^a ; and other instances, e.g. the remarks on Manu I, 52, may be added. There are also some cases (see e.g. the explanation of ^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: I. The four feet represent the four principal priests at the sacrifice (Medh.) ; 2. or the four chief castes (Medh., Nand.) ; 3. 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 nagama/i kaj/('in, &c., and explains, ' Neither any demerit nor any sacred lore, .Sastra, approached men, i. e. no Institutes of the law were necessary.' 82. 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). 83. (Men are) free from disease, accomplish all their aims, and live four hundred years in the Kma age, but in the Treta and (in each of) the succeeding (ages) their life is lessened by one quarter. 84. 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. 85. One set of duties (is prescribed) for men in the Kma 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 6'astra, 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. 83. In order to reconcile this statement regarding the age of men in the Kr/ta age with various passages of the r^Iahabharata and the Pura//as, 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 KaZ/^aka 34, 5, which names one hundred years as the term of hum.an existence, the numeral is used in the sense of ' many.' 24 LAWS OF MANU. I, 86. Dvapara, and (again) another (set) In the Kali, in proportion as (those) ages decrease in length. 86. In the Kr/ta age the chief (virtue) is declared to be (the performance of) austerities, in the Treta (divine) knowledge, in the Dvapara (the performance of) sacrifices, in the Kali liberality alone. 87. 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. 88. To Brahma;/as he assigned teaching and studying (the Veda), sacrificing for their own benefit and for others, giving and accepting (of alms). 89. 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 ; 90. The Vaij"ya to tend cattle, to bestow gifts, to offer sacrifices, to study (the Veda), to trade, to lend money, and to cultivate land. 91. One occupation only the lord prescribed to the ^udra, to serve meekly even these (other) three castes. 92. 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. 93. As the Brahma;2a sprang from (Brahman's) 87. See above, verse 31. 88-91. See below, X, 75-79, 99. 89. I read with Medh., Ragh., and K. samadwat, 'he com- manded,' for samasata/z, ' briefly.' Nand. reads akalpayat. 92. See below, V, 132. 93. Dharmata-^ prabhu//, ' 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. 2$ mouth, as he was the first-born, and as he possesses the Veda, he is by right the lord of this whole creation. 94. 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. 95. What created being can surpass him, through whose mouth the gods continually consume the sacrificial viands and the manes the offering-s to the dead ? 96. 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/^as ; 97. 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. 98. The very birth of a Brahma;^a is an eternal incarnation of the sacred law; for he is born to <£r^ (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.' 94. 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. 95. Medh., Nar., and Nand. explain Wtabuddhaya/^,'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. 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. jj/ 100. 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 Bra.hma;^a. 102. 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). 103. A learned Brahma;^a must carefully study them, and he must duly instruct his pupils in them, but nobody else (shall do it). 104. A Brahma/^a who studies these Institutes (and) faithfully fulfils the duties (prescribed therein), is never tainted by sins, arising from thoughts, words, or deeds. 105. He sanctifies any company (which he may / enter), seven ancestors and seven descendants, and he alone deserves (to possess) this whole earth. 106. (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. 100. ' On account of the excellence of his origin,' i.e. because he sprang from Brahman's mouth. 103. The verse is not intended to exclude Kshatriyas and Vaii'yas from the right of studying the Manusawhita, but merely from teaching it. 104. Sawwitavrata-^, ' who faithfully fulfils the duties,' is based on Gov.'s full explanation etadarthavabodhena sa^i-itavrato vijish/a- yamaniyama/; san, with which INIedh. closely agrees. I, III. SUMMARY OF THE CONTENTS. 27 107. 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;/a). 108. 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. 109. 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. III. 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 teacher's house), 107. '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.' 108. 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.' 109. 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' (aHra), mentioned here and in the preceding verses, comprises the numerous usages prescribed partly in the Veda and partly in the Dharmai'astras, such as anointing oneself with butter on the occasion of particular sacrifices or sipping water on certain occasions. / 28 LAWS OF MANU. I, II2. 112. (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, 113. 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, 114. 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, 115. 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, 116. (The law concerning) the behaviour of Vaii"yas and 6'Lidras, the origin of the mixed castes, the law for all castes in times of distress and the law of penances, 1 1 7. 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) Manu has declared in these Institutes. 119. 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 IL 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. 2. 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. 3. 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. 4. 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. 5. 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). 3. 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, hke those of the Snataka' (chap. IV), Medh., Gov., Nan; '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 Sa?;myasins,' Nand. KuU. refers both terms to the rules in chap. IV. 5. ' 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. II, 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. 7. Whatever law has been ordained for any (per- son) by Manu, that has been fully declared in the Veda : for that (sage was) omniscient. 8. But a learned man after fully scrutinising all this with the eye of knowledge, should, in accordance with the authority of the revealed texts, be intent on (the performance of) his duties. 6. Ap. I, I, I, 1-3; Gaut. I, 1-4; XXVIII, 48; Vas. I, 4-63 Baudh. I, I, I, 1-6 ; Yagn. I, 7. iS'ila, 'virtuous conduct,' i.e. 'the suppression of inordinate affec- tion and hatred,' Medh., Gov. ; ' the thirteenfold s\\a., behaving as becomes a Brahmawa, 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 j-tla and akara, it may be that both terms are used here, because in some Dharma-siatras, 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.). 7. 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. 8. 'All this,' i.e. 'the 6'astras' (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 Mimawsa, &c.' (Medh., Kull.). IT, 14. SOURCES OF THE LAW. 3 1 9. 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. 10. But by ^'ruti (revelation) is meant the Veda, and by Smmi (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. 11. 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. 12. The Veda, the sacred tradition, the customs of virtuous men, and one's own pleasure, they declare to be visibly the fourfold means of defining the sacred law. 13. 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). I4.^^ut when two_sacred texts (^'ruti) are con- II.' Relying on the Institutes of dialectics,' i.e. * relying on the atheistic institutes of reasoning, such as those of the Bauddhas and A'arvakas' (INIedh); 'relying on methods of reasoning, directed against the Veda' (Kull., Nar.), 12, The first half of this verse agrees literally withY^gn. I, 7. 13. 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.' \y 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. // 15. (Thus) the (Agnihotra) sacrifice may be (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. 16. 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. 17. That land, created by the gods, which lies between the two divine rivers Sarasvati and Dr/- shadvati, the (sages) call Brahmavarta. t8. The custom handed down in regular succes- sion (since time immemorial) among the (four chief) castes (var;/a) and the mixed (races) of that country, is called the conduct of virtuous men. 19. The plain of the Kurus, the (country of the) Matsyas, Pa;^/('alas, and ^'urasenakas, these (form), indeed, the country of the Brahmarshis (Brahmanical sages, which ranks) immediately after Brahmavarta. 15. 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 INIedh. as 'the time of dawn' (ushasa/i kala//), or 'as the time when the night disappears,' with which latter interpretation Gov. agrees. 16. The persons meant are the males of the three Aryan var«as. The sacraments may be performed for women and ^Sudras also, but without the recitation of mantras (II, 66 ; X, 127). 19. This tract comprises the Doab from the neighbourhood of Delhi as far as Malhuia, the capital of the ancient .Surasenakas. II, 26. SOURCES OF THE LAW; SACRAMENTS. 2)3 20. From a Brdhma/^a, born in that country, let all men on earth learn their several usages. 21. That (country) which (lies) between the Hi- mavat and the Vindhya (mountains) to the east of Prayaga and to the west of Vina^ana (the place where the river Sarasvatt disappears) is called Madhyadei"a (the central region). 22. 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). 23. 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 Mlei-i/^as (barbarians). 24. Let twice-born men seek to dwell in those (above-mentioned countries) ; but a ^Sudra, distressed for subsistence, may reside anywhere. 25. 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 (var;^a). 26. 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. 2 1 . The place where the river Sarasvatt disappears lies in the Hissar districts. Prayaga, i.e. Allahabad. 22. Vas. I, 9; Baudh. I, 2, 10. 23. Vas. I, 13-15 ; Baudh. I, 2, 12-15 ; Yagii. I, 2. 25. Gov. explains dharma, 'the sacred law,' by 'spiritual merit.' 26-35. Gaut.VIII, 14-20; Vi. XXVII, 1-12; YagTi. I, 10-13. 26. 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] I> 34 LAWS OF MANU. II, 27. 27. By burnt oblations during (the mother's) pregnancy, by the C'atakarman (the ceremony after birth), the A'aurt'a (tonsure), and the Mau^'^^c^ibandhana (the tying of the sacred girdle of Mun£-a. grass) is the taint, derived from both parents, removed from twice-born men. 28. 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, /-^/shis, and manes), by (the procreation of) sons, by the great sacrifices, and by (^rauta) rites this (human) body is made fit for (union with) Brahman. 29. Before the navel-string is cut, the G'atakarman (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. 27. 'The burnt oblations during the mother's pregnancy' are the Pu7«savana, Simantonnayana, and so forth ; see Asv. Gr^Tiya-sutra I, 13-14- 28. '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 Pr%apatya penance' (Nand.). 'By burnt oblations,' i.e. ' the daily offerings of fuel' (II, 108). Traividyena, 'by the accjuisition of the threefold sacred science,' i.e. 'by learning the meaning of the three Vedas' (Mcdh., Nand.) ; ' by undertaking the vow to study the three Vedas during thirty-six years' (III, i; Gov., Kull., Nar., Ragh.). I^yaya, ' by offering to the gods, i?/shis, and manes,' i.e. by performing the so-called Tarpa7;a (Medh., Gov., Kull., Ragh.), or ' by offering the Pakaya^7las ' (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.' 29. Asw Gr/Tiya-siatra I, 15, i ; Manava Grz'hya-sutra I, 17, i; Paraskara Gr/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 Gr/hya-sutras, as also some of the commentators point out, II, 33. SACRAMENTS. 35 30. 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. 31. Let (the first part of) a Brahma;^a's name (denote something) auspicious, a Kshatriya's be con- nected with power, and a Vaii-ya's with wealth, but a ^Sudra's (express something) contemptible. 32. (The second part of) a Brahma;2a's (name) shall be (a word) implying happiness, of a Ksha- triya's (a word) implying protection, of a Vai^-ya's (a term) expressive of thriving, and of a ^'udra's (an expression) denoting service. ^^. The names of women should be easy to pro- nounce, not imply anything dreadful, possess a plain I 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. 30. Ai-v. G/7'hya-sutra I, 15, 4-10; Paraskara I, 17, 1-6. Nar. andNand. 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 muhiarta 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 Brahmawa'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. 33. Medh. irreverently, but pertinently, remarks that there is no D 2 36 LAWS OF MANU. II, 34. 34. In the fourth month the Nishkrama?^a (the first leaving of the house) of the child should be performed, in the sixth month the Annaprai-ana (first feeding with rice), and optionally (any other) auspicious ceremony required by (the custom of) the family. 35. According to the teaching of the revealed texts, the A'^^'akarman (tonsure) must be performed, for the sake of spiritual merit, by all twice-born men in the first or third year. 36. In the eighth year after conception, one should perform the initiation (upanayana) of a Brahma;^a, in the eleventh after conception (that) of a Kshatriya, but in the twelfth that of a Vaii-ya. 'I,']. (The initiation) of a Brahma;2a 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 Vaii-ya who longs for (success in his) business in the eisfhth. 2i^. The (time for the) Savitri (initiation) of a difference between ' auspiciousness' (mangala) and 'benediction' (anrvada), and that the latter word has been added merely in order to complete the verse. A 34. Ajv. Gr/Tiya-sfitra 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. 35. Ajv. GnTiya-sutra I, 17, i; Paraskara II, i. Nar. and Nand. explain dharmata//, 'for the sake of spiritual merit,' by 'according to the law of the family' (see Ajv. Gr/liya-sutra, loc. cit.). 36-37. Ap.1, 1,5, 8-21; Gaut. 1,5-14; Vas. II, 3; XI, 49-73 5 Baudh. I, 3, 7-12; Vi. XXVII, 15-28; \2Lgn. I, 14. 37. As the commentators point out, the person who has the par- ticular wishjs not the boy, but his father. 38-40. Ap. I, I, 22-2, 10; Gaut. XXI, 11; Vas. XI, 74-79; 11,42. sacraments; initiation. 37 Brahma;^a 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 Vaii"ya until the completion of the twenty-fourth. 39. 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. 40. With such men, if they have not been purified according to the rule, let no Brahmana. ever, even in times of distress, form a connexion either through I/'' the Veda or by marriage. 41. 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. 42. The girdle of a Brahma^^a shall consist of a triple cord of Mu;/^a grass, smooth and soft ; (that) of a Kshatriya, of a bowstring, made of Murva fibres ; (that) of a Vaii-ya, of hempen threads. Baudh. 1, 16, 16; Vi., loc. cit., and LIV, 26; Yagfi. I, 37-38. ' Some' take the preposition a, ' until,' in the sense of ' until the beginning of,' Kull. 40. ' 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. 41. Ap. I, 2, 39-3, 9; Gaut. I, 16, 21; Vas. XI, 61-67 5 Baudh. I, 3, 14 ; Vi. XXVII, 19-20. Ragh. explains ruru, ' a spotted deer,' by * a tiger.' 42. 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. IT, 4^ o* 43. If Muwfa grass (and so forth) be not pro- curable, (the girdles) may be made of Kui"a, A^man- taka, and Balba^a (fibres), with a single threefold knot, or with three or five (knots according to the custom of the family). 44. The sacrificial string of a Brahma;^a 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 Vaii-ya of woollen threads. 45. A Brahma;^a shall (carry), according to the sacred law, a staff of Bilva or Palai"a ; a Kshatriya, of Va^^a or Khadira; (and) a Vaij-ya, of Pilu or Udumbara. 46. 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 Vaii"ya, to reach (the tip of his) nose. 47. 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. 48. Having taken a staff according to his choice, having worshipped the sun and walked round the 43. ' 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 triv/7ta, ' threefold,' separately, and refer it to the string. They thus support Sir W. Jones' translation, ' in triple strings, with one, &c.' 44. 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; Ya>l I, 29. 47. Anudvegakara/i, ' not likely to terrify anybody' (INIedh., 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^-w. I, 30; 51-57. Ap. II, II, 54. INITIATION. . 39 fire, turning his right hand towards it, (the student) should beg alms according to the prescribed rule. 49. An initiated Brahma;2a should beg, beginning (his request with the word) lady (bhavati) ; a Ksha- triya, placing (the word) lady in the middle, but a Vai^ya, placing it at the end (of the formula). 50. 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). 51. 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. 52. (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. 53. 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). 54. Let him always worship his food, and eat it without contempt ; when he sees it, let him rejoice, I, 2-3; 3,11; Gaut. IX, 59; Vas. Ill, 69; XII, 18-20; Baudh. II, 5, 18, 21-6, 2; 13, 12 ; Vi. LVIII, 34-35, 40-44; Ya^'T. I, 27, 31, 112. 52. Medh. and Nar. propose for r/tam, 'truthfulness,' an alter- native explanation, ' the sacrifice.' 53. The word nityam, 'always,' indicates that this rule refers to householders also (Gov., KulL, Nar., Nand.). 54. ' 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, i (Nar.). y 40 LAWS OF MANU. IT, 55. show a pleased face, and pray that he may always obtain it. 55. Food, that is always worshipped, gives strength and manly vigour ; but eaten irreverently, it destroys them both. 56. 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). 57. 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. 58. Let a Brahma;ia 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. 59. 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., KuU.), or 'energy' (Nar., Nand.), or 'bulk' (Medh.). 56. Medh. reads nadyad etat tathantara, and gives, besides the explanation adopted in the translation, two alternative interpretations: (i) 'let him not eat after interrupting his meal;' (2) 'let him not eat taking away his left hand from the dish.' Nand. reads nadya>^ ^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; Y2ign. I, 18-21. 58. Though the text speaks of the Brahma^za only, the rule refers, as the commentators remark, to other Aryans too. 59. Ahgulimfile, 'at the root of the httle 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. 60. 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. 61. 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. 62. A Brahma;^a is purified by water that reaches his heart, a Kshatriya by water reaching his throat, a Vaii'ya by water taken into his mouth, (and) a ^'udra by water touched with the extremity (of his lips). 6^. 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) pr^/^inavitin ; and nivitin when it hangs down (straight) from the neck. 64. 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, 60. ' (The seat of) the soul,' i. e.'the heart '(all except Medh.,who adds, or ' the navel '). 61. ' Neither hot,' i. e. ' not boiled or heated on the fire ' (Medh., Gov., Kull, Nar., Nand.). 63. Baudh. I, 8, 5-10. 64. Baudh. I, 6, 7; Vi. XXVII, 29. 42 LAWS OF MANU. II, 65. 65. (The ceremony called) Ke^anta (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 Vaii'ya, two (years) later than that. 66. 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^. 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. 68. 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. 69. 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. 65. Y^gn. I, 36. This is the ceremony also called Godana; A>rv. Gnliya-sutra I, 18; Paraskara II, i, 3-7. 66-67. Ajv. Gn'hya-sutra I, 16, 16; Vi. XXVII, 13-14; Ya^w. 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 Ajv. shows, the sacraments preceding the tonsure alone are to be given to them. 68. ' 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 ; Yzgn. I, 15, 27. 11,74. initiation; studentship. 43 70. 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;7^ali, (has put on) a clean dress, and has brought his organs under due control. 71. 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;l^ali (joining the palms for the sake of the Veda). 72. 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). 73. 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 ! 74. 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. 70. LaghuvasM, ' (has put on) a clean dress ' (Medh., KuU.), or ' a dress which is not gorgeous' (Gov., Nar,, Nand,), i.e. less valuable than the teacher's (Ragh.). 71-72. Ap. I, 5, 19-233 Baudh. I, 3, 28; Vi. XXVIII, 14-16. 73. 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. 74. Ap. 1, 13,6-7 ; Gaut. 1,57 ; Vi. XXX, 33. Vinryate, translated according to KuU. 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. II, 75. 75. Seated on (blades of Ku^a 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. 76. Pra^apati (the lord of creatures) milked out (as it were) from the three Vedas the sounds A, U, and M, and (the Vyah;''2tis) Bhu/^, Bhuva//, Sva//. yj. Moreover from the three Vedas Pra^apati, who dwells in the highest heaven (Paramesh//^in), milked out (as it were) that T^zk-verse, sacred to Savitri (Savitri), which begins with the word tad, one foot from each. yS. 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. 79. 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. 80. The Brahma;/a, the Kshatriya, and the Vaii"ya who neglect (the recitation of) that -/^z'k-verse and the and that one speaks also of the vuara«aj i.e. the spoiling of boiled milk. 75. Gaut. I, 48-50; Y^gn. I, 23. 'Purified by Pavitras/ i.e. ' having touched the seat of the vital airs with blades of Kuxa 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. 76. Vi. LV, 10. 77. Vi. LV, 1 1. The Savitri, i.e. the verse tat savitur varewyam, , Rig-veda III, 62, 10. 78. Vi. LV, 12; Baudh. II, 11, 6. 79. Vi. LV, 13; Baudh. IV, I, 29; Vas. XXVI, 4. 80. Vi. LV, 14. TI, 85. STUDENTSHIP, 45 timely (performance of the) rites (prescribed for) them, will be blamed among virtuous men. 81. Know that the three imperishable Mahavya- hmis, preceded by the syllable Om, and (followed) by the three-footed S^vitri are the portal of the Veda and the gate leading (to union with) Brahman. 82. 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. 83. 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. 84. 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). 85. An offering, consisting of muttered prayers, is ten times more efficacious than a sacrifice performed 81. 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. 82. Vi. LV, 16. 83. Vi. LV, 17. 84. 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.' 85. Vi. LVI, 19; Vas. XXVI, 9. The sacred texts meant are, of course, Om, the Vyahr^'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. 86. The four Pakaya^/7as 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. 87. But, undoubtedly, a Brahma/^a reaches the highest goal by muttering prayers only ; (whether) he perform other (rites) or neglect them, he w4io befriends (all creatures) is declared (to be) a (true) Brahma;^a. 88. A wise man should strive to restrain his oroans w^hich run wild among alluring sensual objects, like a charioteer his horses. 89. Those eleven organs which former sages have named, I will properly (and) precisely enumerate in due order, 90. (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. 86. Vi. LVI, 20; Vas. XXVI, 10. 'The Pakaya^^ftas,' i.e. 'the so-called great sacrifices to gods, manes, goblins, and men (III, 70) excluding the Brahmaya^Ha' (Medh., Kull., Nar., Nand.). Gov. and Ragh. understand the term as indicating ' all Smarla and A-auta rites;' see also Jolly on Vish;m, loc. cit. 87. Vi. LVI, 21 ; Vas. XXVI, 11. 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.n3.A, ' a (true) Brahmawa,' i. e. ' one connected with Brahman,' ' one who will be absorbed in Brahman ' (Kull.), ' the best of Brahma;/as ' (brahmish///ay^, Ragh.). Medh. and Gov. take the last clause diff"erently, ' it is declared (in the Veda that) a Brahmawa (shall be) a friend (of all creatures).' TI, 97. STUDENTSHIP. 47 91. 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. 92. 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. 93. 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). 94. Desire is never extinguished by the enjoyment of desired objects ; it only grows stronger like a fire (fed) with clarified butter. 95. 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. 96. 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. 97. Neither (the study of) the Vedas, nor libera- 92. ' By its quality,' i.e. by the quality called sawkalpa, the power of determining or shaping the impressions of the senses. 93. Dosham, ' guilt' (Nar.), is taken by Medh., Gov., and Kull. in the sense of dr/sh/adr/sh/ara dosham, ' misery and guilt ; ' by Ragh. as sa7«sarakhyam, ' 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.). 96. 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 sensuaUty). 98. 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. 99. 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. 100. 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. loi. 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. 102. He who stands during the morning twilight muttering (the Savitri), removes the guilt contracted during the (previous) night ; but he who (recites it), 99. '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. 100. Nar. and Nand. take yogata/;, 'by the practice of Yoga,' with the chief clause, and Medh. mentions this construction too. loi. Ap. I, 30, 8; Gaut. II, lo-ii ; Vas. VII, 16; Baudh. II, 7, Vi. XXVIII, 2-3 ; Ya^n. I, 24-25. 102. Vas. XXVI, 2-3; Baudh. II, 7, i8, 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. 103. But he who does not (worship) standing in the morning, nor sitting in the evening, shall be excluded, just like a K^iidra, from all the duties and rights of an Aryan. 104. 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. 105. 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. 106. 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/. 107. 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. 103. Baudh. II, 17, 15. 104. Baudh. II, 11,6. ' 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 ^S"atapatha-brah- ma«a, quoted by Ap. I, 12, 3. Anadhyaya/^ (' 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/.' 107. Vi. XXX, 34-38; Yagii. 1, 41-46. Nar. and Nand. explain the four terms ' sweet and sour milk, clarified butter and 50 LAWS OF MANU. II, io8. 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). 109. 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. III. 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.' 108. 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 ; Yagn. I, 25. Regarding the Samavartana, see below, III, 3-4. 109. Yagii. I, 28. Dharmata/z, '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. Gada/i, ' an idiot,' means according to INIedh. and Kull. ' dumb.' III. Vi. XXIX, 7. The person who will die is in either case the offender. If both offend, both will die. Vidvesha?« vadhi- gaWiaix, '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, irx^f^^ Mm studentship. 5 1 /l^'^— ^^—^ 112. 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. 114. Sacred Learning approached a Brahma;2a and said to him : ' I am thy treasure, preserve me, deliver me not to a scorner ; so (preserved) I shall become supremely strong.' 115. '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.' 116. But he who acquires without permission the Veda from one who recites it, incurs the guilt ofy stealing the Veda, and shall sink into hell. 117. (A student) shall first reverentially salute that (teacher) from whom he receives (knowledge), referring to worldly affairs, to the Veda, or to the Brahman. 118. 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). 119. One must not sit down on a couch or seat 112. Baudh. I, 4, I ; Vi. XXIX, 8. 113. 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-io; Vi. XXIX, 9-10; Nirukta II, 4. 116. Vi. XXX, 41-42. 117. Ap. I, 14, -/-pjGaut.VI, 1-3,5; Vas. XIII, 41-43; Baudh. I, 3, 25-28 ; Vi. XXXII, 1-4. This rule refers to any casual meeting. 119. Ap. I, 8, II, 14, 17; Gaut. II, 21, 25. E 2 52 LAWS OF MANU. II, 120. which a superior occupies ; and he who occupies a couch or seat shall rise to meet a (superior), and (afterwards) salute him. 120. 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. 121. 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. 122. After the (word of) salutation, a Brahma;^a who greets an elder must pronounce his name, say- ing, ' I am N. N.' 123. 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. 124. In saluting he should pronounce after his name the word bho/^ ; for the sages have declared that the nature of hho/i is the same as that of (all proper) names. 125. A Brahma/za should thus be saluted in re- turn, ' May'st thou be long-lived, O gentle one ! ' A 121. Ap. I, 5, 15 ; Baudh. I, 3, 26. Instead of vidya or pra^iia, ' knowledge,' Medh. reads dharma/;, ' spiritual merit,' and the same reading is given sec. man. in the text of Gov. 122. Ap. I, 5, 12 ; Gaut. VI, 5 ; Vas. XIII, 45 ; Baudh, I, 3, 27 ; Vi. XXVIII, 17 ; Ya^^?T. I, 26. 'After the word of salutation,' i. e. after the word abhivadaye, ' I salute' (Gov., Kull., Nar., Nand.). 123. Vas. XIII, 46. I.e. to those who either are unacquainted with grammar or with the Dharma^astra (Medh.). Nand. places this verse after verse 126. 124. Vi. XXVIII, 17. 125. Ap. I, 5, 18; Vas. XIII, 46. The translation of the second half of the verse is based on the reading ' purvaksharapluta//,' which IT, 128. • STUDENTSPIIP. 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. 126. A Brahma?2a who does not know the form of returning a salutation, must not be saluted by a learned man ; as a ^S^udra, even so is he. 127. Let him ask a Brahma;^a, on meeting him, after (his health, with the word) kui-ala, a Kshatriya (with the word) anamaya, a Val-fya (with the word) kshema, and a vSudra (with the word) anarogya. 128. He who has been initiated (to perform a 6'rauta 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 VasishZ/za. The meaning is that Devadatta is to be pronounced ' Devadattasa,' Harabhute, ' Harabhutasya,' &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/^ pluta//,' INIanu's rule agrees with Ap. and Pawini 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/z 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/z, ' a Brahma^za,' is meant to include other Aryans also; but see Ap. I, 14, 23. 126. It follows from this verse that -Sudras must never be greeted in the manner prescribed in the preceding rule. 127. Ap. I, 24, 26-29. The rule refers to friends or relatives meeting, not to every one who returns a salute (Gov.). 128. 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 bho/; and bhavat, the titles dikshita or ya^amana are to be used. 54 LAWS OF MANU. II, 129. the sacred law must use in speaking to such (a man the particle) hho/i and (the pronoun) bhavat (your worship). 129. But to a female who is the wife of another man, and not a blood-relation, he must say, ' Lady' (bhavati) or ' Beloved sister ! ' 130. 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). 131. 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. 132. (The feet of the) wife of one's brother, if she be of the same caste (var;2a), 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. 133. 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. 134. Fellow-citizens are called friends (and equals though one be) ten years (older than the other), men 129. Vi. XXXII, 7. 130. Ap. I, 14, II ; Gaut. VI, 9; Vas. XIII, 41 ; Baudh. I, 4, 45 ; Vi. XXXII, 4. Gur{in, ' (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-IJ32. Gaut. VI, 9; Ap. I, 14 ; Vi. XXXII, 2-3. 134. Ap. I, 14, 13; Gaut. VI, 14-17. Those who are 'friends' TI, 139. STUDENTSHIP. 55 practising (the same) fine art (though one be) five years (older than the other), ^Srotriyas (though) three years (intervene between their ages), but blood -relations only (if the) difference of age be very small. 135. Know that a Brahma;2a of ten years and 1 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. 136. 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). 137. 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 6'udra who has entered the tenth (decade of his life). 138. 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. 139. 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. 135. Ap. I, 14, 25; Vi. XXXII, 17. 136. Gaut. VI, 20; Vas. XIII, 56-57; Vi. XXXII, 16; Yign. I, 116. 137. Gaut. VI, 10; Ya^?l. I, 116. 138-139. Ap. II, II, 5-7 ; Gaut. VI, 24-25; Vas. XIII, 58-60; Baudh. II, 6, 30; Vi. LXIII, 51 ; Ya^?1. I, 117. For the explana- tion of the term Snataka, see below, IV, 31. 56 LAWS OF MANU. H, 140. and if the king and a Snataka (meet), the latter receives respect from the king. 140. They call that Brahma;^a who initiates a pupil and teaches him the Veda together with the Kalpa and the Rahasyas, the teacher (a/'arya, of the latter). 141. But he who for his livelihood teaches a portion only of the Veda, or also the Aiigas of the Veda, is called the sub-teacher (upadhyaya). 142. 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). 143. He who, being (duly) chosen (for the pur- pose), performs the Agnyadheya, the Pakaya^^las, (and) the (^^rauta) sacrifices, such as the Agnish- /oma (for another man), is called (his) officiating priest. 144. 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. 145. The teacher (^>^arya) is ten times more 140-14 1. Ap. 1,1,13; Gaut. I, 9-10; Vas. Ill, 21-23; Vi. XXIX, 1-2 ; Yzgri. I, 34-35. Kalpa, i. e. the Sutras referring to sacrifices. Rahasyas, Ut. 'the secret portions,' i.e. the Upanishads and their explanation (Medh., Gov., Kull., Nand., Ragh.), or ' the extremely secret explanation of the Veda and Angas, not the Upanishads, because they are included in the term Veda' (Nar). 142. Yiigoi. I, 34. The person meant is the natural father. 143. Vi. XXIX, 3; Ya^7ll, 35. 144. Ap. I, I, 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. 145. Vas. XIII, 48 ; Yagn. I, 35. The commentators try to reconcile the meaning of this verse and the next following one by 11,150. 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. 146. 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. 147. 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). 148. 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. 149. (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;^a who is the giver of the birth assuming, either that the term a/^arya refers in this case to one who merely performs the rite of initiation and teaches the Gayatri only (INIedh,, Kull.), or that the word ' father ' denotes a father who initiates his own child and teaches it the Veda (Gov., Nan). But it is more probable that two conflicting opinions are here placed side by side, because both are based on an ancient tradition; see Gaut. II, 50-51. 146-148. Ap. I, I, 15-17; Gaut. I, 8; Vas. II, 3-5; Vi. XXX, 44-45. Nar. and Nand. read utpadakabrahmapitro/z, 'of the two fathers, i. e, him who procreates the body and him who (gives the birth) for the Veda.' 149. 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. TI, 151. 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. 151. 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.' 152. They, moved with resentment, asked the gods concerning that matter, and the gods, having assembled, answered, * The child has addressed you properly.' 153. '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.' 154. 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 Ahgas (Anu/'ana) is (considered) great by us.' 155. The seniority of Brahma;^as is from (sacred) knowledge, that of Kshatriyas from valour, that of Vaii'yas from wealth in grain (and other goods), but that of .Sudras alone from age. 151. Baudh. I, 3, 42. ^Sij-u, ' young,' seems to be a name or nick- name in Baudh. 's passage. ParigriTiya, ' as he excelled them' (Nand.), means according to Medh., Gov., Kull., Nar., and Ragh. 'as on account of his learning he had received them (as his) pupils.' Pitrni, lit. 'fathers,' means according to Nar. 'the manes, i.e. the Agnishvattas and the rest.' 154. AnuX-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.' 155. Vi. XXXII, i8. II, i6l. STUDENTSHIP. 59 156. 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. 157. As an elephant made of wood, as an antelope made of leather, such is an unlearned Brahma;za ; those three have nothing but the names (of their kind). 158. 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;/a useless, who (does) not (know) the Riks^s. 159. 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. 160. He, forsooth, whose speech and thoughts are pure and ever perfectly guarded, gains the whole reward which is conferred by the Vedanta. 161. 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. 156. Nar. and Nand. read sthaviro bhavati, K. sthaviro gneyo for vrz'ddho, ' venerable.' 157. Vas. Ill, II ; Baudh. I, i, 10. 158. Rikdi?,, i.e. the Veda (Gov., Nan). 159. 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. 160. 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. 6o LAWS OF MANU. H, 162. 162. A Brahma;za should always fear homage as if it were poison ; and constantly desire (to suffer) scorn as (he would long for) nectar. 163. 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. 164. 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. 165. 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). 166. Let a Brahma;/a who desires to perform austerities, constantly repeat the Veda ; for the study 162. This verse contains an advice to the pupil who must go begging (INIedh.). 164. 'The means (described above),' i.e. 'the various sacra- ments.' Vedadhigamikaw tapa/z, '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 ; ' A, see also Ap. I, 12, 1-2. 165. ' The whole Veda,' i. e. ' the Veda with the Ahgas ' (INIedh., ' others,' Nar.), or ' one entire 6'akha consisting of the Mantras and the Brahmawa ' (Medh., Gov., Kull.). ' Rahasyas,' i. e. ' the Upa- nishads' (Mcdh., Gov., Kull., Nand.), or 'the secret explanation of the Veda' (Nar.). 'Various kinds of austerities,' i.e. 'fasting, Krtkkhr?is, &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 Ajvamedha texts ' (Ragh.). ' The vows,' i. e. the Mahanamnivrata, &c. ; see ^Sahkhayana Gr/hya-sutra II, 11-13. 166. Ap. I, 12, 1-2 ; Yao^n. I, 40. II, 172. STUDENTSHIP. 6 1 of the Veda is declared (to be) in this world the highest austerity for a Brahma;^a. 167. 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. 168. 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 ^'udra and his descendants (after him). 169. 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 Mu/lfa grass, and the third on the initiation to (the performance of) a (6'rauta) 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 Savitri (verse) is his mother and the teacher his father. 171. 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?I^a orass. 172. (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 ^Tudra before his birth from the Veda. 167. *S'atapatha-brahma«a XI, 5, 7, 4. 168. Vas. Ill, 2; Vi. XXVIII, 36. 169-170. Vi. XXVIII, 37-38; Vas. II, 3; Yagn. I, 39; Aitareya-brahmawa I, i ; Max Miiller, 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. 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. 175. 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 76. 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). 177. 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, 178. 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.' (INIedh., Gov., Ragh.), or 'penances, such as the Pr%apatya' (Nand. and Nar.). In the second verse Kull. also adopts the explanation of INIedh. 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, II, 48-51 ; Ya^m. I, 25, 33. 177. 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: (i) spices; (2) juicy fruits and canes like sugar-cane. II, 184. STUDENTSHIP. 6^ Hum 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), 179. From gambling, idle disputes, backbiting, and lying, from looking at and touching women, and from hurting others. 180. Let him always sleep alone, let him never waste his manhood ; for he who voluntarily wastes his manhood, breaks his vow. 181. A twice-born student, who has involuntarily wasted his manly strength during sleep, must bathe, worship the sun, and afterwards thrice mutter the /?zk-verse (which begins), ' Again let my strength return to me.' 182. Let him fetch a pot full of water, flowers, cowdung, earth, and Kui-a grass, as much as may be required (by his teacher), and daily go to beg food. 183. 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. 184. 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 179. G^anavada, 'idle disputes' (Medh., Gov., Kull., Ragh.), or ' gossiping ' (Medh., Nar.). 180. Vi. XXVIII, 48. Regarding the consequences of com- mitting such an offence, see below, XI, 1 19-124. 181. Vi. XXVIII, 51. The verse occurs Taitt. Ar. I, 30. 182. Nand. reads udakumbhan, 'pots filled with water.' 183. Baudh. I, 3, 18; Vi. XXVIII, 9; Ap. I, 3, 25; Gaut. 11, 35- 184. 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 ; 185. 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 Abhii^astas (those accused of mortal sin). 186. 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. 187. 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 Avakir/eln (one who has broken his vow). 188. 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. 189. At his pleasure he may eat, when Invited, the food of one man at (a rite) in honour of the 186. 'From a distance,' i.e. 'from a lonely place in the forest not defiled 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' (INIedh., 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. 187. Vi. XXVIII, 52; ¥%?! Ill, 281. The penance for an Avakirwin is mentioned below, XI, 1 19-120. 188. Yagii. I, 32. 189. Yagii. I, 32. 'Observing the conditions of his vow^,' i.e. ' avoiding honey, meat, and the like.' i?/shivat, ' like a hermit ' (Medh., Gov., Nar., Nand.), or 'like an ascetic' (yati, Kull.). 11, 194. 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. 190. This duty is prescribed by the wise for a Brahma;2a only ; but no such duty is ordained for a Kshatriya and a Vai^ya. 191. 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. 192. 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. 193. 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. 194. 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. 190. '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. 191. Ap. I, 5, 27, 4, 23; Gaut. I, 54; II, 29-30; Vi. XXVIII, 6-7; Yagoi. I, 27. 193. Ap. I, 6, 18-20. I read, with Medh., Kull, and Ragh., susawvrzia/;, 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, susa;;zyata-^, and Nand. samahita/^, ' concentrating his mind.' Gov. seems to have had the same reading as Nar. 194. Ap. I, 4, 22, 28; Gaut. II, 21; Baudh. I, 3, 21; Vi. xxvm, 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. 195. Let him not answer or converse with (his teacher), reclining on a bed, nor sitting, nor eating, nor standing, nor with an averted face. 196. 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 ; 197. 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. T98. 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. 199. 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. 200. Wherever (people) justly censure or falsely defame his teacher, there he must cover his ears or depart thence to another place. 201. By censuring (his teacher), though justly, he 195-197. Ap. I, 6, 5-9; Gaut. 11, 25-28; Vas. VII, 12 ; Baudh. I, 3, 38; Vi. XXVIII, 18-22. 197. Nidexe tish///ata>^, 'if he stands in a lower place' (Nar., Nand.), means according to Medh., Gov., KuU., and Ragh. ' if he stands close.' 198. Ap. I, 2, 21,6,13-17; Gaut. II, 14-15,21; Vi. XXVIII, 12,23. 199. Gaut. II, 23; Vi. XXVIII, 24-25. The epithets to be added to the teacher's name are upadhyaya, bha//a (Medh.), a>^arya (Kull.), or /Tarawa and the like (Nar,). 200. Vi. XXVIII, 26. 201. Paribhokta, ' he who lives on his teacher's substance,' means II, 2o6. STUDENTSHIP. 67 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. 202. 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 carriage or on a (raised) seat, he must descend and afterwards salute his (teacher). 203. 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. 204. 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. 205. 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). 206. This is likewise (ordained as) his constant behaviour towards (other) instructors in science, towards his relatives (to whom honour is due), according to Nar. 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 parivetta and paryadhata. 202. 'Nor when a woman is near,' i.e. 'if the teacher is in the company of his wife.' 203. Ap. I, 6, 15. 204. Ap. I, 7, 7, 12-13 ; Vi. XXVIII, 27-28. 205. Ap. I, 7, 29-30, 8, 19-20; Vi. XXVIII, 29-30. 206. 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. 207. 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. 208. 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. 209. (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. 210. The wives of the teacher, who belong to the same caste, must be treated as respectfully as 207. 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 accordini^ 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. 208. 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 Ragh. 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. IT, 219. STUDENTSHIP. 69 the teacher ; but those who belong to a different caste, must be honoured by rising and sahitation. 211. Let him not perform for a wife of his teacher (the offices of) anointing her, assisting her in the bath, shampooing her Hmbs, or arranging her hair. 212. (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. 213. 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. 2 14. 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. 215. 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. 216. 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).' 217. 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. 218. 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. 219. A (student) may either shave his head, or 216-217. Vi. XXXII, 13-15. 219. 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. 70 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. 220. 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). 221. For he who lies (sleeping)^ while the sun sets or rises, and does not perform (that) penance, is tainted by great guilt. 222. 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. 223. 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. 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- ' others,' Kull., Ragh.). Mcdh., Gov., Nar., and Nand. give ' while (he stays) in the village.' • The former explanation is, however, more probable on account of the following verse. 220. 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 I\Iedh., 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. 221. Vas. I, 18; Ap. II, 12, 22. 222. Ap. I, 30, 8; Gaut. II, II ; Baudh. II, 7 ; Vi. XXVIII, 2. 223. Ap. II, 29, II. 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. 225. 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). 226. 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. 227. That trouble (and pain) which the parents undergo on the birth of (their) children, cannot be compensated even in a hundred years. 228. 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). 229. Obedience towards those three is declared to be the best (form of) austerity ; let him not perform other meritorious acts without their permission. 230. For they are declared to be the three worlds, they the three (principal) orders, they the three Vedas, and they the three sacred fires. 231. The father, forsooth, is stated to be the Garhapatya fire, the mother the Dakshi/^agni, but 225. 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. 229. Vi. XXXI, 6. 230. 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.). 231. Ap. I, 3, 44 ; ^'i- XXXI, 8. 72 LAWS OF MANU. 11,232. A the teacher the Ahavaniya fire ; this triad of fires is most venerable. 232. 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. 233. 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. 234. All duties have been fulfilled by him who honours those three ; but to him who honours them not, all rites remain fruitless. 235. 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). 236. 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. 237. 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. 238. He who possesses faith may receive pure learning even from a man of lower caste, the highest 232. Vi. XXXI, 9. 233. Vi. XXXI, 10. 238, Ap. II, 29, ir. '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. 239. 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. 240. Excellent wives, learning, (the knowledge of) the law, (the rules of) purity, good advice, and various arts may be acquired from anybody. 241. 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. 242. He who desires incomparable bliss (in heaven) shall not dwell during his whole life in (the house of) a non-Brahma/zical teacher, nor with a Brahma/za who does not know the whole Veda and the Aiigas. 243. 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. 244. A Brahma;2a who serves his teacher till the dissolution of his body, reaches forthwith the eternal mansion of Brahman. 245. He who knows the sacred law must not 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 240. Striyo ratnani, 'excellent wives' (Kull., Ragh.), means ac- cording to Medh. and Gov. ' wives and gems.' 241. Ap. II, 4, 25; Gaut. VII, 1-3; Baudh. I, 3, 41-43- 243. Ap. II, 21, 6 ; Gaut. Ill, 5-6 ; Vas. VII, 4 ; Baudh. II, 1 1, 13; Vi.XXVIII, 43;Ya^^~^■I>49• 245. Ap. I, 7, 19; Gaut. II, 48-49; Vi. XXVIII, 42;Y%w. I, 51. 74 LAWS OF MANU. II, 246. (a present) for the venerable man according to his ability, 246. (Viz.) a field, gold, a cow, a horse, a parasol and shoes, a seat, grain, (even) vegetables, (and thus) give pleasure to his teacher. 247. (A perpetual student) must, if his teacher dies, serve his son (provided he be) endowed with good qualities, or his widow, or his Sap'mda., in the same manner as the teacher. 248. Should none of these be alive, he must serve the sacred fire, standing (by day) and sitting (during the night), and thus finish his life. 249. 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. I. The vow (of studying) the three Vedas under a teacher must be kept for thirty-six years, or for 246. 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.' 247. Gaut. Ill, 7; Vi. XXVIII, 44-45; Y%fi. 1,49- Regarding the term Sapi«(/a, see below, V, 60. 248. Gaut. Ill, 8 ; Vas. VII, 5-6 ; Vi. XXVIII, 46 ; Ya^^fi. I, 49- ^arira»2 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. 249. Vi. XXVIII, 49 ; Y%«. I, 50. III. I. Ap. I, 2, 12-16; Gaut. II, 45-47; Vas.VIII, i; Baudh. I, 3, 1-4; Vi. XXVIII, 42; Yagn. I, 36. The three Vedas meant are the i?/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 in^g. householder; marriage. 75 half that time, or for a quarter, or until the (student) has perfectly learnt them. 2. (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. 3. 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). 4. 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 w^ho is endowed with auspicious (bodily) marks. 5. A (damsel) who is neither a Sapi;^^a on the mother's side, nor belongs to the same family on the term of studentship extends over forty-eight years, and that rule includes the Atharva-veda. 2. Yagii. I, 52. 3. 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/z might also be translated ' from his (spiritual) father.' 4. Gaut. IV, I ; Vas. VIII, i; Y%n. I, 52. Regarding the 'aus- picious bodily marks,' see ^ahkhayana, Grz'hya-sutra I, 5, 10. See also below, vers. 7-10. 5. Ap. II, II, 15-16 ; Gaut. IV, 2-5; Vas. VIII, 1-2; Baudh. II, I, 32-38; Vi. XXIV, 9-103 Yagii. I, 53- Asagotra ka ya pitu/i, 'who does not belong to the same family on the father's side,' means according to Medh. and KuU. 'between whose father's and the bridegroom's family no blood-relationship is 76 LAWS OF MANU. Ill, 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, 7. (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 body, those which are sub- ject to hemorrhoids, phthisis, weakness of digestion, epilepsy, or white and black leprosy. 8. 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), 9. 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 Brahma«as, intermarriages between families descended from the same 7?/shi, 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 kz, ' 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 k^., the v,-ord asapi«(ia 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 Sapiwa'a, see below, V, 60. V. Vi. XXIV, 11; Ya,-fi. I, 54. 8. Yagn. I, 53 ; Vi. XXIV, 12-16. Ill, 13- householder; marriage. 77 snake, or a slave, nor one whose name inspires- terror: 10. Let him wed a female free from bodily defects, who has an agreeable name, the (graceful) gait of a Hamsa. 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. 12. 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. 13. It is declared that a 6'udra woman alone (can / be) the wife of a 6^udra, she and one of his own caste ' (the wives) of a Vai^ya, 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 Brahma;^a. ^ 11. Y&gn. I, 53. 'Lest he should commit sin,' i.e. marry a Sagotra crone 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. 12. Vi. XXIV, 1-4; Baudh. I, 16, 2-5. 13. Yagn. I, 56; Vas. I, 25-26. 78 LAWS OF MANU. Ill, 14. 14. A ^udra woman is not mentioned even in any (ancient) story as the (first) wife of a Brah- ma;/a or of a Kshatriya, though they Hved in the (greatest) distress. 15. Twice-born men who, in their folly, wed wives of the low (^'udra) caste, soon degrade their families and their children to the state of ^'udras. 16. According to Atri and to (Gautama) the son of Utathya, he who weds a ^'udra woman becomes an outcast, according to 6'aunaka on the birth of a son, and according to Bhr/gu he who has (male) offspring from a (^'udra female, alone). 17. A Brahma?2a who takes a Sfidra 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. 18. The manes and the gods will not eat the (offerings) of that man who performs the rites in 14. Vas. I, 27; Gaut. XV, 18; Ap. I, 18, 33. 15. Vi. XXV, 6. 16. Baudh. II, 2-7. The above translation follows Medh,, Gov., Nand., and Ragh. But Kull. takes the last clause differently, 'accord- ing to Bhr/gu on the birth of a son's son.' This version is supported, as a quotation given by Nar. shows, by the Bhavishya-pura;;a, which, as usual, paraphrases Manu's text, putrasya putram asad}-a .5'aunaka/i judrataw gata^^ I bhrzgvadayo 'py evam eva patitatvam avapnuyu/i 11 There was, moreover, as this passage shows, an ancient explanation of our verse, according to which the various names of 7?i'shis 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 iSiidra female, becomes an outcast, (one of the race) of Utathya's son, on the birth of a son, and (one of) ^aunaka's or Bhr/gu's (Gotras) by having no other but ^'udra offspring.' It ought to be noted that, according to Kull. alone, the three clauses refer to Brahma«as, Kshatriyas, and Vaijyas respectively. Ragh. particularly objects to this opinion, which, according to him, 'some' hold. 18. Vas. XIV, 11; Vi. XXV, 7. Ill, 24. HOUSEHOLDER ; MARRIAGE. 79 honour of the gods, of the manes, and of guests chiefly with a (.5'udra wife's) assistance, and such (a man) will not go to heaven. 19. For him who drinks the moisture of a K^udra s lips, who is tainted by her breath, and who begets a son on her, no expiation is prescribed. 20. 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. 21. (They are) the rite of Brahman (Brahma), that of the gods (Daiva), that of the i?2shis (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 Pi^a- ^'as (Paii"a/^a). 22. 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. 23. One may know that the first six according to the order (followed above) are lawful for a Brah- ma;za, the four last for a Kshatriya, and the same four, excepting the Rakshasa rite, for a Vai^ya and a 6'udra. 24. The sages state that the first four are approved (in the case) of a Brahma/^a, one, the Rakshasa (rite 21-34. Ap. II, II, 17-21; Gaut. IV, 6-15; Vas. I, 17-35; Baudh. I, 20, 1-2 1, 23; Vi. XXIV, 18-28; Yzg7~i. I, 58-61. 23. 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. 8o LAWS OF MANU. 111,25. A in the case) of a Kshatriya, and the Asura (marriage in that) of a Vai^ya and of a K^udra. 25. But in these (Institutes of the sacred law) three of the five (last) are declared to be lawful and two unlawful ; the Faisa^a. and the Asura (rites) must never be used. 26. For Kshatriyas those before-mentioned two rites, the Gandharva and the Rakshasa, whether separate or mixed, are permitted by the sacred tradition. 27. 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. 28. 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. 29. 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. 30. The gift of a daughter (by her father) after 26. ' Mixed,' i. e. when a girl is forcibly abducted from her father's house after a previous understanding with her lover, 27. 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).' 29. 'For the (fulfilment of) the sacred law,' i.e. 'not with the intention of selling his child ' (Medh.) ; see also below, vers. 5 1-54. 'According to the rule,' i. e. ' pronouncing the words prescribed for making a gift' (Nar.). 30. 'Has shown honour,' i.e. 'to the bridegroom by the honey- mixture' (Nar., Nand.). Ill, 34. HOUSEHOLDER ; 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 Smrzt'i the Pra^apatya rite. 31. 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. 32. 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. 2,3. 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. 34. 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 FissL^SLS. 31. '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.). 32. 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 Bahvn'ka, Grthya.- parijishta (xSaunaka) 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 INIanu'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, 33. 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. 36. Listen now to me, ye Brahma;2as, while I fully declare w^hat quality has been ascribed by Manu to each of these marriage-rites. 37. 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. 38. 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). 39. 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 ^'ish/as (good men). 40. Endowed with the qualities of beauty and goodness, possessing wealth and fame, obtaining as 35. Itaretarakamyaya, ' by (the expression of) mutual consent,' i.e. by the parents, means according to INIedh. '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, i; Ap. II, 12, 4 ; Y%)1. I, 58-60, 90. 39. Regarding the explanation of the term 6'ish/as, see below, XII, 109. •• 40. 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. Ill, 46. HOUSEHOLDER ; MARRIAGE. 83 many enjoyments as they desire and being most righteous, they will live a hundred years. 41. 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. 42. 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). 43. 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 (varua.). 44. 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 ^'udra female of the hem of the (bridegroom's) garment. 45. Let (the husband) approach his wife in due 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. 46. Sixteen (days and) nights (in each month). 43. Vi. XXIV, 5-8 ; Yagn. I, 62. 44. 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.). 45. Yagri. I, 80-81 ; Ap. II, i, 17-18 ; Gaut. V, 1-2 ; Vas. XII, 21-24 ; Vi. LXIX, i; 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. 46. Yagn. 1, 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. Ill, 47. including four days which differ from the rest and are censured by the virtuous, (are called) the natural season of women. 47. But among these the first four, the eleventh and the thirteenth are (declared to be) forbidden ; the remaining nights are recommended. 48. 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). 49. 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). 50. 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. 51. 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. 52. 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. 48. Yagn. I, 79. 50. ' 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. 51. Ap. 11,13, II ; Vas. I, 37-38; Baudh. I, 21, 2-3. 52. Medh. gives in the first place another explanation of this 111,59- householder; marriage. 85 53. 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). 54. 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. 55. Women must be honoured and adorned by their fathers, brothers, husbands, and brothers-in-law, who desire (their own) welfare. 56. Where women are honoured, there the gods are pleased ; but where they are not honoured, no sacred rite yields rewards. 57. Where the female relations live in grief, the family soon wholly perishes ; but that family where they are not unhappy ever prospers. 58. The houses on which female relations, not being duly honoured, pronounce a curse, perish completely, as if destroyed by magic. 59. Hence men who seek (their own) welfare, should always honour women on holidays and festivals with (gifts of) ornaments, clothes, and (dainty) food. 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 'nari/z' is obviously a conjec- tural emendation. 53. Ap. II, 13, 12; Vas. I, 36. 55-60. Y^gii. I, 82. 58. Some copies of Medh. omit verses 58-66. 59. Instead of satkareshu (saw^kareshu, Gov.), ' on holidays,' like the Kaumudi, the Mahanamni, and so forth (Gov., Kull., Ragh.), S6 LAWS OF MANU. HI, 60. 60. In that family, where the husband is pleased with his wife and the wife with her husband, happi- ness will assuredly be lasting. 61. 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. 62. If the wife is radiant with beauty, the whole house is bright ; but if she is destitute of beauty, all will appear dismal. 63. By low marriages, by omitting (the per- formance of) sacred rites, by neglecting the study of the Veda, and by Irreverence towards Brahma72as, (great) families sink low. 64. By (practising) handicrafts, by pecuniary trans- actions, by (begetting) children on ^'Cidra females I only, by (trading in) cows, horses, and carriages, by (the pursuit of) agriculture and by taking service under a king, ^ 65. 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. 66. 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 N^nd. read satkarewa, which, according to the former, means ' by kind speech.' 64. Baudh. T, 10, 28. Nar. says, ' by (keeping) beasts of burden, such as bullocks and horses.' 65. Baudh, I, 10, 26. Instead of kulany a.s-u viwa^yanti, 'famihes . . . perish quickly' (Gov., Kull.), Nar., Nand., and Ragh. read kulany akulatn;« yanti, ' (great) families lose their rank.' 66. Baudh. 1. 10, 29. 111,70. householder; daily rites. Sy 67. 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. 68. 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). 69. 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. 70. Teaching (and studying) is the sacrifice (offered) to Brahman, the (offerings of water and food called) Tarpa/^a the sacrifice to the manes, the burnt oblation the sacrifice offered to the gods, the 67. Yagn. I, 97; Gaut. V, 7; Vi. LIX, i; Baudh. II, 4, 22. ' The domestic ceremonies,' i. e. ' all the rites prescribed in the Grz'hya-sutras.' 68. Vi. LIX, 19. The translation of upaskara/?,' the broom,' rests on the authority of Nar., who says, peshawena upakiraty a^uddhanity upaskaro 'vaskarahetu/z 1 sa7?/mar^ani bhuyish//zapipilikadihi;«sahe- tu/^ II The other commentators seem to take upaskara/^ in its usual sense, ' a household implement,' as they explain it by kuw^/aka/ahadi, ' a pot, a kettle, and the like' (Medh.), kuwc/asawmar^anyadi, ' a pot, a broom, and the like' (Kull.), sa;«mar^anyadi, ' a broom and the like' (Ragh,), ulukhalamusaladi, ' a mortar and pestle and the like' (K.). But it is clear from the context that one implement only is meant. 69. Vi. LIX, 20. 70. Ap. I, 12, 15-13, i; Gaut. V, 3, 9; Baudh. II, 5, 11; II, 11, 1-6; Vi. LIX, 21-25; Ya^«.. 1, 102. By Bhutas either 'the gob- lins' or 'the living creatures' may be understood. INIedh. 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. HI, 71. Bali offerinor that offered to the Bhutas, and the hospitable reception of guests the offering to men. 71. 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). 72. 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. 73. They call (these) five sacrifices also, Ahuta, Huta, Prahuta, Brahmya-huta, and Pra-?ita. 74. 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 BhCitas, Brahmya-huta (offered in the digestive fire of Brah- ma;ms), the respectful reception of Brahma?^a (guests), and Prljita (eaten) the (daily oblation to the manes, called) Tarpa/za. 75. 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 72. 'Those whom he is bound to mamtain,' 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 bhrAyanam, as Nar. and Ragh. seem to have done. 73. 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 Gr/hya-sutra, Sacred Books of the East, vol. xiv, p. xxxi, and four in Paraskara's Gr/hya-sutra I, 4, i, as well as in .Sahkhayana's, I, 5, i. Nar., Nand., and K. read Brahmahuta in this and the next verses. Ill, Si. householder ; DAILY RITES. 89 of sacrifices, supports both the movable and the immovable creation. 76. 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). ']']. As all living creatures subsist by receiving support from air, even so (the members of) all orders subsist by receiving support from the householder. 78. 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. 79. (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). 80. 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). 81. 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 76. Vas. XI, 13. 77-78. Vas. VIII, 14-16; Vi. LIX, 27-28. 78. 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.). 79. 'Of weak organs,' i.e. ' of uncontrolled organs' (Medh., Gov., Kull.). Some INISS. of Medh. and Nand. read atyantam, ' exces- sive,' for nityam, ' constant.' 80. Vi. LIX, 29. 81. Y%fi. I, 104. 90 LAWS OF MANU. Ill, 82. (6'raddha), men by (gifts of) food, and the Bhutas by the Bah offering. 82. Let him daily perform a funeral sacrifice with food, or with water, or also with milk, roots, and fruits, and (thus) please the manes. 83. Let him feed even one Brahma/^a in honour of the manes at (the ^'raddha), which belongs to the five great sacrifices ; but let him not feed on that - (occasion) any Brahma;^a on account of the Vaii"va- deva offering. 84. A Brahma;^a shall offer according to the rule (of his G?'2hya-sutra a portion) of the cooked food destined for the Vai^vadeva in the sacred domestic fire to the following deities : 85. First to Agni, and (next) to Soma, then to both these gods conjointly, further to all the gods (Vii-ve Deva//), and (then) to Dhanvantari, 86. 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/akrz't (the fire which performs the sacrifice well). 82. Vi. LXVII, 23-25. 83. The object of the second part of the ver?e is to forbid that two sets of I3rahma7zas are to be fed at the daily 6'raddha, as is done at the Parvawa ^'raddha, see below, verse 125 seq. Nar. adds, vijveshaOT devana;/2 nitya>rraddhe pri;/ana;« nastiti dar>fitam II ' It is indicated (hereby) that [he Vijvedevas are not gladdened at the daily 6'raddha.' Medh., Nand., and Ragh. read ki?/ik\t, ' any (food),' for ka?n/{[t, ' any (Brahma^n).' 84. Ap. IT, 3, 16; Gaut. V, 10 ; Vi. LXVII, 3 (see also the Gn'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.). 85. Each offering must be presented with a mantra, consisting of the name of the deity in the dative case and the word ' svaha.' III,.9I- HOUSEPIOLDER ; DAILY RITES. QI 87. 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). 88. 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.' 89. 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. 90. 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. 91. 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. 89. 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 devararawa. The same authorities refer padata/z, 'at the foot,' to a spot in the south-west part of the building where the Lar keeps his feet. 91. Pn'shZ/zavastuni, ' 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, p^s, 92. Let him gently place on the ground (some food) for dogs, outcasts, A"a;2rt^alas (Svapak), those afflicted with diseases that are punishments of former sins, crows, and insects. V 93. 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). 94. 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. 95. 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.' Nar. mentions a various reading ' Sarvannabhuta,' which seems to have been also Medh.'s version. The same deity occurs ^ahkhayana Gr^liya-sOtra 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. 93. Instead of te^omurti/^, ' endowed with a resplendent body,' Kull. and Ragh. read te^omurti, ' (to the highest) resplendent (dwelling-place, i.e. Brahman).* 94. Vi. LIX, 14; LXVII, 27; Vas. XI, 5; Baudh. II, 5, 15; Yagii. I, 107. Bhikshave brahma/^ariwe, ' 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. 95. For vidhivad gurau or guvo/i, ' 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 Yagii. I, 204. 111,102. householder; daily rites. 93 96. Let him give, in accordance with the rule, to a Brahma;^a 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). 97. 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;ms who are mere ashes. 98. An offering made in the mouth-fire of Brah- ma/zas rich in sacred learning and austerities, saves from misfortune and from great guilt. 99. 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. 100. 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. loi. Grass, room (for resting), water, and fourthly a kind word ; these (things) never fail in the houses of pfood men. 102. But a Brahma;2a who stays one night only Is declared to be a guest (atlthl) ; for because he stays (sthlta) not long (anityam), he Is called atlthl (a guest). 96. Satkr/tya, ' having garnished, &c.' (Kull., Ragh.), means according to Medh. and Gov. ' having honoured the recipient ' (with fruits and flowers, Gov.). 97. Vas. Ill, 8. 99-118. Ap. II, 4, II, 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; Ya.gn. I, 104-109, 112-113. 94 LAWS OF MANU. Ill, 103. 103. One must not consider as a guest a Brah- ma;^a who dwells in the same village, nor one who 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). 104. 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. 105. 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. 106. 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. 107. Let him offer (to his guests) seats, rooms, 103. Sawgatika/?, 'one who seeks his Uvelihood by social inter- course,' is, according to Gov., KuU., and Ragh., 'one who makes his Hving by telling wonderful or laughable stories and the like.' ]\Iedh. explains the word first by 'he who stays being a fellow- student (sahadhyayi),' and afterwards by ' a Vaijya, or 6'iidra, or a friend who makes friends with everybody, possessing wonderful or laughable stories and the like, which are indicated by the word sa»/gali.' Nar. says that saz7igati means sambandha, ' connexion,' that sawgatika is 'one who comes for such a reason.' Perhaps the term might be rendered ' a visitor on business or pleasure.' According to KuU. 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 1 ctadanyatamaw svagr^Tia upasthitam agatam apyathi a.Ul\nm na vidyat I natithidharmewar/^ayet II Nar.). 107. 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. 108. But if another guest comes after the Vaijva- deva offering has been finished, (the householder) must give him food according to his ability, (but) not repeat the Bali offering. 109. A Brahma;2a 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 (vantai-in). 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 ^'lidra, nor a personal friend, nor a relative, nor the teacher. 111. 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;^as have eaten. 112. Even a Vai^ya and a ^'udra who have ap- proached his house in the manner of guests, he may allow to eat with his servants, showing (thereby) his compassionate disposition. 1 1 3. 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.). 108. 'When the Vai^vadeva offering has been finished,' i.e. * when the dinner of the guests is over.' 111. '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.). 112. Nar. says, 'he may cause them to be fed by his servants in the same manner.' 96 LAWS OF MANU. HI, 114. give food, garnished (with seasoning) according to his abihty, (at the same time) with his wife. 114. 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 w^omen. 115. 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. 116. After the Brahma;/as, the kinsmen, and the servants have dined, the householder and his wife may afterwards eat what remains. 117. Having honoured the gods, the sages, men, the manes, and the guardian deities of the house, the householder shall eat afterwards what remains. 118. 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. 119. 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). 114. 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 svavasini-^ and explains it by ' sisters.' 1 19-120. Ap. II, 8, 5-9 ; Gaut.V, 27-30; Vas. XI, 1-2; Baudh. II» 6, 36-37; Yagn. I, no. 119. Guru/z, '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.' III,T23. householder; 5'Raddhas. 97 1 20. A king and a ^'rotriya, 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. 121. 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) Vaii-vadeva is prescribed both for the morning and the evening. 122. After performing the Pitr/ya^;1a, a Brahma/^a who keeps a sacred fire shall offer, month by month, on the new-moon day, the funeral sacrifice (^'raddha, called) Pi/^rt'anvaharyaka. 123. The wise call the monthly funeral offering to the manes Anvaharya (to be offered after the 120. According to one opinion, given by Medh., and according to Gov., KuU., 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 INIedh., and according to Nand. and Ragh., the verse means that a king and a ^'rotriya, who come before a year since their last visit elapsed, on the occasion of a sacrifice, shall receive the madhu- parka. The term ^rotriya 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 6'rotriya, i. e. one who knows a whole recension of the Veda, must be a Snataka. Medh. approves of the reading ya^?iakarma«y upasthite. 121. Nand. omits this verse. 122. YagTi.l, 217; Gaut. XV, 2. The sacrifice intended by the term Pit?-/ya^?ia, ' sacrifice off"ered to the fathers,' is the so- called Vmda.Yikn'ya.gnz, a -S'rauta rite (Ajvalayana, .Srauta-sutra II, 6-7), and Pi«^anvaharyaka is another name for the monthly ^Sraddha. [25] H ^ 98 LAWS OF MANU. Ill, 124. cakes), and that must be carefully performed with the approved (sorts of) flesh (mentioned below). 124. I will fully declare what and how many Brahma;2as must be fed on that (occasion), who must be avoided, and on what kinds of food (they shall dine). 125. One must feed two (Brihma/^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. 126. 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?2a (guests) ; he therefore shall not seek (to entertain) a large company. 127. 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. 125. Vas. XI, 27; Baudh. II, 15, 10; Vi. LXXIII, 3-4; Gaut. XV, 8, 21 ; Ya^w. I, 228. The offering to the gods, mentioned in this verse, is an Afiga 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).' 126. Vas. XI, 28; Baudh. II, 15, 11. 127. 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 TIT, 132. HOUSEHOLDER ; 5'RADDHAS. 99 128. Oblations to the gods and manes must be presented by the givers to a ^'rotriya alone ; what is given to such a most worthy Brahma;ea yields great reward. 129. 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/^a 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). 131. Though a million of men, unacquainted with the Rik2iS, 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). 132. 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. 128. Vas. Ill, 8; Gaut. XV, 9. 130. 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.). 131. 'The Rikz.'s,' 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/z. K. has prima manu vipra-^, sec. manu yukta>^. H 2 lOO LAWS OF MANU. Ill, 133. knowledge ; for hands, smeared with blood, cannot be cleansed with blood. 133. 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. 134. Some Brahma;^as 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. 135. Oblations to the manes ought to be care- fully presented to those devoted to knowledge, but offerinos to the eods, in accordance with the reason (of the sacred law), to (men of) all the four (above- mentioned classes). 136. If there is a father ignorant of the sacred texts whose son has learned one whole recension of the Veda and the Ahgas, and a son ignorant of the sacred texts whose father knows an entire recen- sion of the Veda and the Angas, 133. 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 rzsh/i, ' spear,' by khafl'ga, ' sword.' Nand. reads hulan for gut/an, ' balls,' and says that hula means ' a double-edged sword.' 134. ' Knowledge,' i. e. ' the knowledge of the supreme soul' (Medh., Gov., Kull., Nar., Ragh.). IMedh. and Nar. say that ascetics, hermits, students, and householders are intended by the four divisions mentioned in the text. 135. Vas. XI, 17; Baudh. II, 14, 3. The verse indicates that ascetics are particularly desirable guests. J 36-1 37. Kull. remarks that the object of the verse is to teach that at a ^'raddha 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. lor 137. 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). 138. 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 6'raddha a Brahma;/a whom he considers neither as a foe nor as a friend. 139. He who performs funeral sacrifices and offer- ings to the gods chiefly for the sake of (gaining) friends, reaps after death no reward for ^'raddhas and sacrifices. 140. That meanest among twice-born men who in his folly contracts friendships through a funeral sacrifice, loses heaven, because he performed a ^'raddha for the sake of friendship. 141. A gift (of food) by twice-born men, con- sumed with (friends and relatives), is said to be offered to the Fisaksis; it remains in this (world) alone like a blind cow in one stable. 142. 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. 143. 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^il. I, 220. 141. Ap. II, 17, 8-9. According to Medh., Gov., Kull., and Ragh. paija/^i means 'offered after the manner of the Pua/('as.' But the version given above, which follows Nar. and Nand., is supported by the ancient verse, quoted by Apastamba, from which INIanu's 5'loka is probably derived. 102 LAWS OF MANU. Ill, 144. recipient partakers of rewards both in this (life) and after death. 144. (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. 145. Let him (take) pains (to) feed at a ^Sraddha an adherent of the Rzg-vcda. who has studied one entire (recension of that) Veda, or a follower of the Ya^ur-veda who has finished one .Sakha, or a singer of Samans who (likewise) has completed (the study of an entire recension). 146. 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. 147. 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. 148. 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. 149. For a rite sacred to the gods, he who knows the law will not make (too close) inquiries regarding an (invited) Brahma;^a ; but when one performs a 148. 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. Ill, 154. householder; ^raddhas. 103 ceremony in honour of the manes, one must care- fully examine (the qualities and parentage of the guest). 150. 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. 151. Let him not entertain at a 6'raddha 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). 152. 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. 153. 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 ; 154. 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 ; Ya^w. I, 222-224. 150. 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.' 151. Anadhiyanara, ' one who has not studied the Veda,' i. e. ' one who has been initiated only, but has not studied ' (KuU.), or ' 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.). 154. 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;2a race, an elder brother who marries or kindles the sacred fire after the younger, and one who belongs to a company or corporation, 155. An actor or singer, one who has broken the vow of studentship, one whose (only or first) wife is a ^'tjdra female, the son of a remarried woman, a one-eyed man, and he in whose house a paramour of his wife (resides) ; 156. He who teaches for a stipulated fee and he who is taught on that condition//he who instructs .Stidra pupils and he whose teacher is a .S'udra; he who speaks rudely, the son of an adulteress, and the son of a widow, 157. 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.' 155. Kujilava, '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 ar{ifl%apatita. 156. Vagdush/a/^, 'one who speaks rudely,' means according to ' others,' quoted by Medh. and Kull., ' one who is accused of a great crime ' (abhijasta). 157. According to Nar. guro//, 'a teacher,' denotes the a^arya alone. INIedh. blames this explanation, and refers it to the sub- teacher. The same explains kwidas\, ' he who eats the food of the son of an adulteress,' by ' a glutton who eats sixty Palas of rice.' Ill, i6o. HOUSEHOLDER ; 5'RADDHAS. IO5 contracted an alliance with outcasts either through the Veda or through a marriage, 158. An incendiary, a prisoner, he who eats the food given by the son of an adulteress,^ seller of /' / Soma, he who undertakes voyages by sea, a bard, an oil-man, a suborner to perjury, 159. 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, 160. A maker of bows and of arrows, he who lasciviously dallies with a brother's widow, the be- trayer of a friend, one who subsists by gambling, he who learns (the Veda) from his son, 158. 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).' 159. 'He who wrangles or goes to law with his father,' e.g. who forces him to divide the family estate (Medh.), see Gaut. XV, 19. 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/z, ' a squinting man,' and construe it with madyapay^, ' 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.' 160. I accept Gov.'s and Ragh.'s explanation of agredidhishu- pati, who believe it to be equivalent to didhishiipati explained below, verse 173. Kull. and Nand. take it as 'the husband of a younger sister married before the elder,' and Medh. as an I06 LAWS OF MANU. Ill, i6i. i6i. 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. 162. A trainer of elephants, oxen, horses, or camels, he who subsists by astrology, a bird-fancier, and he who teaches the use of arms, 163. He who diverts water-courses, and he who delights in obstructing them, an architect, a mes- senger, and he who plants trees (for money), 164. A breeder of sporting-dogs, a falconer, one who defiles maidens, he who delights in injuring living creatures, he who gains his subsistence from K^udras, and he who offers sacrifices to the Ga;ms, 165. 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 Smntis 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. Dyutavrztti;^, ' one who subsists by gambling,' means according to IMedh. ' 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. 162. Pakshiwawi poshaka/^, 'a bird-fancier,' means according to Medh. ' a trainer of hunting-falcons and hawks.' 164. The commentators mention a var. lect. vr/shalaputra/^ 'one who has only sons by a -Sudra wife,' for ' one who gains his subsist- ence from -Sfidras.' Nar. and Nand. explain ga«ana;« yagaka/i 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 Ganesa.- homa {Yagn. I, 270-294) may be meant. But it is also possible to think of the Ga?/ahomas, which according to Baudh. IV, 8, i must not be performed for others. in, 171. householder; s-raddhas. 107 culture, a club-footed man, and he who is censured by virtuous men, 166. 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. 167. A Brahma/za 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). 168. As a fire of dry grass is (unable to consume the offerings and is quickly) extinguished, even so (is it with) an unlearned Brahma/za ; sacrificial food must not be given to him, since it (would be) offered in ashes. 169. 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. 1 70. The Rakshasas, indeed, consume (the food) eaten by Brahma;ms who have not fulfilled the vow of studentship, by a Parivettr^ and so forth, and by other men not admissible into the company. 171. He must be considered as a Pari vettr^ who 1 68. 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.' 170. Avratai/2, '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.' 171. Usually a person who kindles the sacred fire before his elder brother is called a Paryadhatr/, and the elder brother a Paryahita. I08 LAWS OF MANU. Ill, 172. marries or begins the performance of the Agnihotra before his elder brother, but the latter as a Parivitti. 172. 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. 173. 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 Kunda, and (he who is begotten) after the husband's death, a Golaka. 175. 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 reward for as many worthy guests as a man, inadmissible into company, can look on while they are feeding. 177. 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. I yS. The giver (of a 6'raddha) loses the reward, 172. Baudh. II, I, 39. 177. Regarding the diseases which are punishments for sins committed in a former life, see below, XI, 49 seq. 178. Paurtikam, ' due for such a non-sacrificial gift/ i.e. 'for one Ill, 183. HOUSEHOLDER ; 5RADDHAS. IO9 due for such a non-sacrificial gift, for as many Brah- ma;^as as a (guest) who sacrifices for .Sudras may- touch (during the meal) with his limbs. 1 79. 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 unburnt clay in water. 180. (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). 181. 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/za born of a remarried woman (resembles) an oblation thrown into ashes. 182. 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. 183. 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 ^^raddha' (KulL, Ragh.). 179.' From such a man,' i. e. 'from one who sacrifices for »Sudras.' 180. 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/y^am, ' finds no place' (Medh., Gov., KulL, Ragh.), means according to Nar. and Nand. ' secures no fame (to the giver).' 182. 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 ; Y^gn. I, 219-221. no 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. 184. 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. 185. A Tri/^a^iketa, one who keeps five sacred fires, a Trisupar;^a, one who is versed in the six Angas, the son of a woman married according to the Brahma rite, one who sings the C^yeshZ/^asaman, 1 86. 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;2as who sanctify a company. 187. On the day before the ^'raddha-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. 188. 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). 185. Regarding the term Tri«a>^iketa, see Ap. II, 17, 22, note. PafiHgni//, ' one who keeps five sacred fires' (Medh., 'others,' Gov,, Kull., Nand., Ragh.), means according to Medh. and Nar. ' one who knows the pafi^'agnividya, taught in the ^/^andogyopanishad IV, 10 seq. Trisuparwa 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 Trisupar«a, Rig-veda X, 114, 3-5. 186. Nand. explains brahma/^ari, 'a student,' by 'a chaste man' (see above, verse 50). 187. Ap. II, 17, 11-15; Vas. XI, 17; Ya^m. I, 225. 188. Gaut. XV. 23 ; Ya^fi. I, 225. 'Control himself,' i.e. 'remain chaste.' ITT, 195. HOUSEHOLDER ; ^-RADDHAS. I I I 189. For the manes attend the invited Brahma;^as, follow them (when they walk) like the wind, and sit near them when they are seated. 190. But a Brahma;2a who, being duly invited to a rite in honour of the gods or of the manes, in / 1 any way breaks (the appointment), becomes guilty ' ' (of a crime), and (in his next birth) a hog. 191. But he who, being invited to a .Sraddha, dallies with a 6'{idra woman, takes upon himself all the sins which the giver (of the feast) committed. 192. The manes are primeval deities, free from anger, careful of purity, ever chaste, averse from strife, and endowed with great virtues. 193. Now learn fully from whom all these (manes derive) their origin, and with what ceremonies they ought to be worshipped. 194. The (various) classes of the manes are de- clared to be the sons of all those sages, Ma.n/ci and the rest, who are children of Manu, the son of Hira;2yagarbha. 195. The Somasads, the sons of Viraj^, are stated to be the manes of the Sadhyas, and the Agnish- 189. 'Like the wind,' i.e. Mike the vital air, the breath' (Medh., Gov., Kull.). Medh. thinks that the manes enter the body of the invited guests. 190. Medh. explains atikraman, 'breaks the appointment' (Gov., Kull., Nar., Ragh.), by ' breaks the rules of chastity and the Hke.' Medh. mentions a second ' improper' explanation given by 'others,' * does not accept the invitation.' 191. Medh., Gov., Nand., and Ragh. take vnshali, 'a ^udra 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 6'udra wife is the worst offence in such a case. 194. 'Mariy^i and the rest,' see above, I, 35. 195. Nar., Nand,, and K. prima manu read Somasuta/; for Somasada^. 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. 196. The Barhishads, born of Atri, are recorded to be (the manes) of the Daityas, Danavas, Yakshas, Gandharvas, Snake-deities, Rakshasas, Supar;^as, and Kiwnaras, 197. The Somapas those of theBrahma;2as,theHa- A virbhu^s those of the Kshatriyas, the A^yapas those of the Vaii-yas, but the Sukalins those of the ^'udras. 198. The Somapas are the sons of Kavi (Bhrzgu), the Havishmats the children of Angiras, the A^apas the offspring of Pulastya, but the Sukalins (the issue) of Vasish///a. 199. 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. 200. But know also that there exist in this (world) countless sons and grandsons of those chief classes of manes which have been enumerated. 201. 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. 202. Even water offered with faith (to the manes) 199. 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, enmnerated 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. 202. Akshayayapakalpate, 'produces endless (bliss),' (Gov., Kull.), Ill, 207. HOUSEHOLDER ; 5'RADDHAS. I I 3 in vessels made of silver or adorned with silver, produces endless (bliss). 203. 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 K^raddhas), has been declared to be a means of fortifying (the latter). 204. 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. 205. Let him make (the ^raddha) 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. 206. Let him smear a pure and secluded place with cowdung, and carefully make it sloping towards the south. 207. 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.' 203. The rite in honour of the gods meant is the Vaijvadeva which precedes each -Sraddha. 204. The above translation of the first half-verse follows Medh., Gov.,- and Kull. It is, however, not impossible to take, with Sir W. Jones, daiva»z as a neuter, and to translate, ' Let him first per- form the rite in honour of the gods as a protection for the (6'raddha).' 205. The meaning of the verse is that the Brahmawas, fed at the Vaijvadeva which precedes the 6'raddha, must be invited and served before and dismissed after the Brahma«as entertained in honour of the manes (Medh., Kull., Nar.). See also below, verse 209. 206. Ap. II, 18, 14; Gaut. XV, 25; Ya^Ti. I, 227. 207. Vi. LXXXV, 54-63. A^oksheshu, ' naturally pure' (Medh., [25] I 114 LAWS OF MANU. Ill, 208. 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. 209. Having placed those blameless Brahma;/as on their seats, he shall honour them with fragrant garlands and perfumes, beginning with (those who are invited in honour of) the gods. 210. 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;2a (guests) conjointly. 211. Having first, according to the rule, performed, as a means of protecting (the ^'raddha), oblations to Agni, to Soma, and to Yama, let him afterwards satisfy the manes by a gift of sacrificial food. 212. But if no (sacred) fire (is available), he shall place (the offerings) into the hand of a Brahma?2a ; for Brahma/^as who know the sacred texts declare, ' What fire is, even such is a Brahma/^a.' 213. 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.). 208. Yagii. I, 226. ^ 209. Vi. LXXIII, 2; Yagn. I, 231. 210. Vi. LXXXIII, 5; Ap. II, 17, 17-19; Baudh. II, 14, 7; Yagn. 1, 229. 211. Vi. LXXIII, 12; Baudh. II, 14, 7. 2 1 2. Ajvalayana Grzhya-sfitra 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 6'raddha (Medh., Kull., Nar.). 213. The object of the verse is to show why the offerings may 111,2X7. householder; 5RADDHAS. II5 214. 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). 215. 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 (Kui^a grass) exactly in the same manner in which (he poured out the libations of) water. 216. Having offered those cakes according to the (prescribed) rule, being pure, let him wipe the same hand with (the roots of) those blades of Kui"a grass for the sake of the (three ancestors) who partake of the wipings (lepa). 217. 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. 214. ' The whole series of ceremonies,' i.e. ' the acts of sprinkling water and strewing Kuja 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' (dakshi«asa;«stham), 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). 216. The three ancestors meant are the great-grandfather, his father and grandfather; see Vi. LXXIII, 22. 217. The texts to be pronounced are, 'Adoration to Spring !'&c., I 2 Il6 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. 218. 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). 219. But taking successively very small portions from the cakes, he shall make those seated Brah- ma;2as eat them, in accordance with the rule, before (their dinner). 220. 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;/a (guests). 221. But he whose father is dead, while his grand- father lives, shall, after pronouncing his father's name, mention (that of) his great-grandfather. 222. Manu has declared that either the grand- father may eat at that ^Sraddha (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. 218. 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). 219. 'Those seated Brahma7zas,' i.e. 'those invited for the funeral rite, not those invited for the preceding rite in honour of the gods.' ' 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.' 220. Vi. LXXV, I, 4. Nar. adds that this case happens when a son has kindled the sacred fire during his father's lifetime, because then the Pi?/<^/apitr?ya^fta and afterwards the Parvawa A^raddha must be performed. 221-222. Vi. LXXV, 6. Ill, 229. HOUSEHOLDER ; S-RADDHAS. I I 7 grandson) having received permission, may perform it, as he desires. 223. Having poured water mixed with sesamum, in which a blade of Ku^a 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 ! ' 224. 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. 225. The malevolent Asuras forcibly snatch away that food which is brought without being held with both hands. 226. 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, 227. (As well as) various (kinds of) hard food which require mastication, and of soft food, roots, fruits, savoury meat, and fragrant drinks. 228. All this he shall present (to his guests), and, being pure and attentive, successively invite them to partake of each (dish), proclaiming its qualities. 229. Let him on no account drop a tear, become angry or utter an untruth, nor let him touch the food with his foot nor violently shake it. 223. Vi. LXXIII, 23. This rule is a supplement to verse 220. Instead of the pronoun the names are to be used (Medh., Gov.). 225, Vas. XI, 25; Baudh. II, 15, 3. 229. Vi. LXXIX, 19-21; LXXXI, i; Yagri. 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. Il8 LAWS OF MANU. 111,230. 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. 231. Whatever may please the Brahma/^as, let him give without grudging it ; let him give riddles from the Veda, for that is agreeable to the manes. 232. 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. 233. Himself being delighted, let him give delight to the Brahma;^as, cause them to partake gradually and slowly (of each dish), and repeatedly invite (them to eat) by (offering) the food and (praising) its qualities. 234. 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. 231. Yagh. I, 239. Brahmodya^ katha^, 'let him give riddles from the Veda,' such as those collected in the Ajvalayana .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 Pawis, 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. 232. Baudh. II, 14, 5; Vi. LXXIII, 16; Yagn. I, 239.^ 'Khilas,' i. e. ' the apocrypha of the Veda, such as the 6'risiikta.' ' 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.). 111,242. householder; sraddhas. 119 — — — » 235. There are three means of sanctification, (to be used) at a .Sraddha, 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. 236. 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. 237. 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). 238. 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. 239. A Kandala, a village pig, a cock, a dog, a menstruating woman, and a eunuch must not look at the Brahma;2as while they eat. 240. What (any of) these sees at a burnt-oblation, at a (solemn) gift, at a dinner (given to Brahma/^as), or at any rite in honour of the gods and manes, that produces not the intended result. 241. 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). 242. If a lame man, a one-eyed man, one deficient 235. Vas. XI, 35-36. 236. Vi. LXXXI, II, 20. 237. Vi. LXXXI, 20; Vas. XI, 32. 238. Vi. LXXXI, 12-14. 239. Ap. II, 17, 20; Gaut. XV, 24. 241. 'A low-caste man,' i.e. 'a ^udra.' 242. 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 6'raddha), he also must be removed from that place (where the ■Sraddha is held). 243. To a Brahma;2a (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. 244. Let him mix all the kinds of food together, sprinkle them with water and put them, scattering them (on Kuj-a grass), down on the ground in front of (his guests), when they have finished their meal. 245. The remnant (in the dishes), and the portion scattered on Ku^a grass, shall be the share of deceased (children) who received not the sacrament (of cremation) and of those who (unjustly) forsook noble wives. 246. They declare the fragments which have fallen on the ground at a (6'raddha) to the manes, to be the share of honest, dutiful servants. the word api, 'even,' indicates that others, e.g. 6'udras, must also be sent away. 243. 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. 244. Vi. LXXXI, 21. 245. 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., ' 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.' 246. Vi. LXXXI, 23. 111,251. householder; ^raddhas. 121 247. But before the performance of the Sa^mdi- kara;^a, one must feed at the funeral sacrifice in honour, of a (recently-)deceased Aryan (one Brah- ma;?a) without (making an offering) to the gods, and give one cake only. 248. But after the Sapi;2^ikara;2a of the (deceased father) has been performed according to the sacred law, the sons must offer the cakes with those cere- monies, (described above.) 249. The foolish man who, after having eaten a KS'raddha(-dinner), gives the leavings to a ^Sudra, falls headlong into the Kalasutra hell. 250. If the partaker of a KS'raddha(-dinner) enters on the same day the bed of a 6'iidra female, the manes of his (ancestors) will lie during that month in her ordure. 251. Having addressed the question, 'Have you dined well?' (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) ! ' 247. Vi. XXI, 2-12, 19; Yagn. I, 250. The Sapi«^ikara«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 /S'raddhas are so-called Ekoddish/as, ' performed for one person only.' Medh., Gov., Nar., Nand., and K. read the first word of the verse asapi«^akriyakarma, and according to this var. lect. the trans- lation must be, ' The rite for persons not made Sapiw^as (i. e. the Ekoddish/a .S'raddha, must be performed) for an Aryan (recently) deceased ; (on that occasion) one must,' &c. 250. Medh., Gov., KulL, and Ragh. take vr/shali, 'a 6'udra female' (Nar.), in the sense of 'a seducing woman' (vr/shasyanti). 251. Yagn. I, 242 ; Vi. LXXIII, 26-27. Kull. reads abhi bho ramyatam, 'Ho, take rest!' and Ragh., abhito gamyatam, 'Go where you please ! ' I 2 2 LAWS OF MANU. Ill, 252. 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 hiofhest benison. 253. 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. 254. At a (^Sraddha) in honour of the manes one must use (in asking the guests if they are satisfied, the word) svaditam ; at a GoshMi-^raddha, (the word) su^rutam ; at a Vr/ddhi-jraddha, (the word) sampan- nam ; and at (a rite) in honour of the gods, (the word) ru>^itam. 255. The afternoon, Kui"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. 256. Know that Ku^a 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. 252. Yagn. I, 243. I\Iedh., Gov., Nand., and Ragh. read sva- dhetyeva, (shall then answer him) ' Svadha ! ' 254. '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 gosh/>^e, 'at a Gosh/>^wraddha' (KulL, Ragh.), by ' in a cow-pen' (goshu tish/^antishu, gogawamadhye), and Nar. by goshMe gomawi/alartha/;/ gosh///e brahmawabho^o^ane. Abhyudaya or Vr/ddhi-jraddhas are those performed on joyful occasions, such as marriages. 256. Pavitram, 'purificatory texts,' means according to Nar. ' other means of purification, such as barley and water.' Nand. reads darbhapavitrara, ' blades of Kuja grass.' ' Those means of purification mentioned above,' i. e. ' the preparation of the house Ill, 26i. householder; s-raddhas. 123 257. 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. 258. Having dismissed the (invited) Brahma;^as, let him, with a concentrated mind, silent and pure, look towards the south and ask these blessings of the manes : 259. '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)!' 260. 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. 261. 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 havishyawi -^a ^aktita^, ' sacrificial viands (prepared) according to one's ability.' 257. 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., Nar.). 259. Yagil. I, 245; Vi. LXXIII, 28. 260. Yign. I, 256. 'Thus,' i.e. as described in verse 215. 261. 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. 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. 263. (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. 264. 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. 265. 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, 266. 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. , „* 267. The ancestors of men are satisfied for one /• {' month with sesamum grains, rice, barley, masha ^if beans, water, roots, and fruits, which have been given according to the prescribed rule, 268. 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. 264. 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; Ya^«. \ 257-259. Ill, 274. householder; .sraddhas. 125 269. 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) Riiru, 270. Ten months they are satisfied with the meat of boars and buffaloes, but eleven months indeed with that of hares and tortoises, 271. One year with cow-milk and milk-rice; from the flesh of a long-eared white he-goat their satisfac- tion endures twelve years. 272. The (vegetable called) Kala-?aka, (the fish called) Mahai-alka, 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. 273. 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.' 269. Gov. states the Rum is the iS'ambara, or Sambar stag. 271. Nar. explains vardhriwasa, which Medh., Gov., Kull., and Ragh. declare, on the strength of a verse, to be a white goat, by ' 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. Vardhri^^asa) is mentioned. 272. Another name of the pot-herb Kalajaka is according to Medh. Kr/sh«avasudeva, according to Nand. K/Vshwanimba. The Maha^alka is the prawn. Others mentioned by Medh. read saj-alkan. 273. Vi. LXXVI, i; Yign. I, 260. The day meant is Bha- drapada Badi 13. 274. Vi. LXXVIII, 51-52; Vas. XI, 40. Gov. omits this verse. 126 LAWS OF MANU. 111,275. 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. 276. 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. 277. 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. 278. 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-('/zaye ku7^^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^?lanejvara on Yagii. I, 217) is meant. The thirteenth lunar day is, of course, the thirteenth of the dark half of Bhadrapada, the day of the Mahalaya 5'raddha. 276. Ap. II, 17, 6 ; Gaut. XV, 3 ; Yagii. I, 263; Vas. XI, 16. The reason why the fourteenth is excepted, is given Vi. LXXVIII, 50, and Yagii. loc. cit. 277. Ap. II, 17, 8-22 ; Gaut. XV, 4 ; Vi. LXXVIII, 8-49; Yagn. I, 267, I read with Medh., Gov., Nand., Ragh., and K. pitrfn ar,^an, which, to judge from the commentary, must have been Kull.'s reading also, instead of the senseless pitr/n sarvan of the editions. Nand. adds five verses and a half which give the details with respect to the rewards obtained by performing the 6'raddhas on particular lunar days. They are clearly an interpolation. 278. Ap. II, 17, 5. 111,284. householder; -s-raddhas. 127 279. 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 Kusa. grass in his hands, up to the end (of the ceremony). 280. 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. 281. 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. 282. 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. 283. Even when a Brahma;za, after bathing, satis- fies the manes with water, he obtains thereby the whole reward for the performance of the (daily) .Sraddha. 284. They call (the manes of) fathers Vasus, (those of) grandfathers Rudras, and (those of) great- grandfathers Adityas ; thus (speaks) the eternal Veda. 279. Gov., Kull., and Ragh. 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 ' until death.' 280. Ap. II, 17, 23. 284. Yagii. I, 268. 128 LAWS OF MANU. 111,285. 285. Let him daily partake of the vighasa and daily eat am;Vta (ambrosia); but vighasa is what remains from the meal (of Brahma/^a guests) and the remainder of a sacrifice (is called) amr/ta. 286. 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. 1. 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. 3. 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. 4. He may subsist by 7?/ta (truth), and Amma 285. Medh, and Nar. seem to have read bhr/tya^eshaw, '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 hiwsa and ahi/«sa, 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 hi/«sa, and the following verses favour his opinion. 3. ' 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 Pram7^2ta (what causes many deaths) ; or even by (the mode) called Satyan7Vta (a mixture of truth and falsehood), but never by Sva.vrztti (a dog's mode of life). 5. By Rita, shall be understood the gleaning of corn ; by Am^^zta, what is given unasked ; by Mma, food obtained by begging ; and agriculture is declared to be Pramr/ta. 6. But trade and (money-lending) are Satyanr/ta, even by that one may subsist/' Service is called Svavrztt'i ; therefore one should avoid it. / ' 7. 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. 8. 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. 9. One of these follows six occupations, another subsists by three, one by two, but the fourth lives by the Brahmasattra. 7. Yagn. 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, i, 5 note. Nand. reads dvyahaihika/^, ' or he may collect what suffices for two days.' 9. ' Six occupations,' i. e. * gleaning corn, acceptance of gifts [25] K LAWS OF MANU. IV, lo. 10. 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. 11. 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;/a, 12. 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). 13. A Brahma;/a, 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 ' (Nan). ' 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.' 10. The Agnihotra, i.e. the daily morning and evening oblations in the sacred fire or fires. The sacrifices intended are the Dar^a- paurwamasas and the Agrayawas. 11. Yagn. I, 123. 12-17. Ya^n. I, 129. 13. 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 bhss, long life, and fame. 14. 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. 15. 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). 16. 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. 18. 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. 19. Let him daily pore over those Institutes of science which soon give increase of wisdom, those 15. 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.' 17. Vi. LXXI, 4. 18. Yagri. 1, 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). 19. Ysign. I, 99 ; Vi. LXXI, 8. The various sciences meant are the Itihasas, Pura«as, and Nyaya, the Arthajastra, 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. 20. For the more a man completely studies the Institutes of science, the more he fully understands (them), and his great learning shines brightly. 21. Let him never, if he is able (to perform them), neglect the sacrifices to the sages, to the gods, to the Bhtitas, to men, and to the manes. 22. Some men who know the ordinances for sacrificial rites, always offer these great sacrifices in their organs (of sensation), without any (external) effort. 23. 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. 24. Other Brihma;2as, seeing with the eye of knowledge that the performance of those rites has knowledge for its root, always perform them through knowledge alone. 25. A Brahma;^a shall always offer the Agnihotra at the beginning or at the end of the day and of the night, and the Dar^'a and Paun/amasa (Ish/is) at the end of each half-month, 26. 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 naigamakaw^a of the Nirukta. 22. This and the next two verses refer to various symbolical ways of performing the great sacrifices, which are mentioned in the Upanishads. 23. 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; Y%fi. I, 97, 124-125. IV, 31. HOUSEHOLDER; RULES FOR A SNATAKA. 1 33 A (Agraya;^a) Ish/i with new grain, at the end of the (three) seasons the (A'aturmasya-)sacrifices, at the solstices an animal (sacrifice), at the end of the year Soma-offerings. 27. A Brahma;ea, 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). 28. 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. 29. 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. 30. 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. 31. Those who have become Snatakas after studying the Veda, or after completing their vows, (and) householders, who are .Srotriyas, one must worship by (gifts of food) sacred to gods and manes, but one must avoid those who are different. 30. Yzgn. I, 130. Pasha«<^.na/^, ' heretics,' i.e. ' non-Brahmamcal ascetics ' (vahyalihgina^, Medh.), or * ascetics wearing red dresses and the like ' (Gov.), or ' non-Brahma?/ical ascetics, such as Bauddhas ' (Kull., Nar.), or ' those who do not beHeve in the Vedas' (Ragh.), The term does not necessarily refer to the Buddhists and 6^ainas, though the latter may be designated by it. The correct explanation of the word pashawo'a or pashaw^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. 31. Nand. reads gr/ham agatan, 'who have come to his house,' instead of gr/hamedhina//, ' who are householders.' 134 LAWS OF MANU. IV, 32. 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). 33. 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. 34. 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. 35. 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. 36. He shall carry a staff of bamboo, a pot full of water, a sacred string, a bundle of Kui"a grass, and (wear) two bright golden ear-rings. 32. 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. Pasha«rraddhina/?, ' who performs no .Sraddhas,' by ' destitute of faith,' and Nand. writes a.vraddhina/^ 224-225. Baudh. I, 10, 5 ; Vas. XIV, 17. 226-227. Gc>^'- gives and explains 226a and 227b only. IV, 234- RULES FOR A SNATAKA. 165 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). 228. If he is asked, let him always give some- thing, be it ever so little, without grudging ; for a worthy recipient will (perhaps) be found who saves him from all (guilt). 229. 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. 230. 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), 231. A giver of a garment a place in the world of the moon, a giver of a horse (a-yva) a place in the world of the Ai^vins, a giver of a draught-ox great good fortune, a giver of a cow the world of the sun ; 232. 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 ; 233. The gift of the Veda surpasses all other gifts, water, food, cows, land, clothes, sesamum, gold, and clarified butter. 234. 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 ; Ya^^^l. I, 201, 203-212. 234. Medh., Gov., Nar., and Ragh. take the verse differently. ' 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 KuU.'s explanation, which is mentioned by Medh. also. 1 66 LAWS OF MANU. 1^,235. 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. 236. 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;2as, though he be tormented (by them) ; when he has bestowed (a gift), let him not boast of it. 237. 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. 238. 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. 239. 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). 240. Single is each being born ; single it dies ; single it enjoys (the reward of its) virtue ; single (it suffers the punishment of its) sin. 241. 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). 242. 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. 243. (That companion) speedily conducts the man who is devoted to duty and effaces his sins by ry, 250. RULES FOR A SNATAKA, 1 67 austerities, to the next world, radiant and clothed with an ethereal body. 244. Let him, who desires to raise his race, ever form connexions with the most excellent (men), and shun all low ones. 245. 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 ^'udra. 246. He who is persevering, gentle, (and) patient, shuns the company of men of cruel conduct, and does no injury (to living creatures), gains, if he con- stantly lives in that manner, by controlling his organs and by liberality, heavenly bliss. 247. 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. 248. 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. 249. 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). 250. A couch, a house, Kui"a grass, perfumes, 247. Ap. I, 18, i; Gaut. XVII, 5 ; Vas. XIV, 12 ; Vi. LVII, 11. 248. Ap. 1, 10, 12-14; Vas. XIV, 16 ; Vi. LVII, 11 ; Yagn. I, 215. INIedh., 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. 249. Ap. I, 19, 14 ; Vas. XIV, 18 ; Vi. LVII, 12. 250. Gaut. XVII, 5; Vas. XIV, 12 ; Vi. LVII, 11; Yagn. 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.) 251. 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). 252. 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 eood men alone. 253. His labourer in tillage, a friend of his family, his cow-herd, his slave, and his barber are, among ..9udras, those whose food he may eat, likewise (a poor man) who offers himself (to be his slave). 254. 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. 255. 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. 256. 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. 251. Ap. T, 7, 20; Gaut. XVII, 4; Vas. XIV, 13; Vi. LVII, 13 ; Ya^n. I, 216. 252. Vi. LVII, 15. 253. Ap. 1, 18, 14 ; Gaut. XVII, 5-6 ; Vi. LVII, 16. 255. I. e. by denying who he really is, he destroys his own idcntiiy. V, 2. LAWFUL AND FORBIDDEN FOOD. 1 69 257. 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 concerns. 258. Alone let him constantly meditate in solitude on that which is salutary for his soul ; for he who meditates in solitude attains supreme bliss. 259. Thus have been declared the means by which a Brahma;^a householder must always subsist, and the summary of the ordinances for a Snataka, which cause an increase of holiness and are praise- worthy. 260. A Brahma;2a 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. 1. The sages, having heard the duties of a Snataka thus declared, spoke to great-souled Bhr/gu, who sprang from fire : 2. ' How can Death have power over Brahmay^as 257. Regarding the three debts, see Vas. XI, 48. This verse and the next describe, as Medh, points out, a kind of informal sa7«- nyasa. 260. Vas. VIII, 17; Baudh. II, 3, i j Gaut. IX, 74. V. I. INIedh., Gov., and Ragh. state correctly that Bh/vgu, 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 wiih other passages of the Veda and of the Mahabharata. 2. I.e. 'how can they be deprived of the length of life, one hundred years, allotted to men in the Veda?' (Gov., KuU.) 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?' 3. Righteous Bhrigu, the son of Manu, (thus) answered the great sages : ' Hear, (in punishment) of what faults Death seeks to shorten the lives of Brahma;/as ! ' 4. ' 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.' 5. Garhc, leeks and onions, mushrooms and (all plants), springing from impure (substances), are unfit to be eaten by twice-born men. 6. One should carefully avoid red exudations from trees and (juices) flowing from incisions, the ^elu (fruit), and the thickened milk of a cow (which she gives after calving). yy/'RicQ 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, 8. 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; Y-Agn. I, 169-178. .Selu, i.e. Cordia Myxa. 7. '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.). 8. Sandhini, ' a cow in heat ' (Kull., Nan, Ragh.), means according V, 15- LAWFUL AND FORBIDDEN FOOD. I 7 I of one-hoofed animals, of sheep, of a cow in heat, or_of one that has ao calf with her, 9. (The milk) of all wild animals excepting buffalo- cows, that of women, and all (substances turned) sour must be avoided. 10. 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. 11. 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 7^i//i- bha (Parra Jacana), 12. The sparrow, the Plava, the Ha?;^sa, the Brahma/^i duck, the village-cock, the Sarasa crane, the Ra^udala, the woodpecker, the parrot, and the starling, 13. 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, 14. The Baka and the Balaka crane, the raven, the Kha/^^ari/aka, (animals) that eat fish, village- pigs, and all kinds of fishes. 15. 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,' 11. 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. 12. I read M-ith all the commentators Ra^^udala instead of Ra^^uvala, which the printed editions give. The Ra^^udala is according to Vi^TJanei'vara the jungle-fowl, according to Nar. an aquatic bird. 14. 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. i6v^{But the fish called) PaMina and (that called) Rohita may be eaten^f used for offerings to the gods or to the manes ; (one may eat) likewise Ra^ivas, Si;;2hatu;;^as, and Sa^alkas on all (occasions). 17. 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). iS/Tihe 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. 19. A twice-born man who knowingly eats mush- rooms, a village-pig, garlic, a village-cock, onions, or leeks, will become an outcast. 20. He who unwittingly partakes of (any of) these six, shall perform a Sawtapana (Kr/Z'/V/ra) 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). 21. Once a year a Brahma;/a must perform a Y^rikkJixd. penance, in order to atone for uninten- tionally eating (forbidden food) ; but for intentionally (eating forbidden food he must perform the penances prescribed) specially. 22. Beasts and birds recommended (for con- 16. Nar. explains eka/^aran, 'solitary animals,' by 'those who go in herds ' (sawgha/('ari;/a/^). 20. Regarding the Sa7;/tapana Y^rikkhxz. and the lunar penance of ascetics, see below, XI, 213 and 219. 21. Regarding the Y^rikkhxz. penance, see below, XI, 212. 22. Vas. XIV, 15. V, 30. 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. 2,3. 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. 24. 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, 25. 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. 26. 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. 27. One may eat meat when it has been sprinkled with water, while Mantras were recited, when Brah- ma;zas desire (one's doing it), when one is engaged (in the performance of a rite) according to the law, and when one's life is in danger, 28. 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. ' 29. 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. 30. The eater who daily even devours those 27-56, Vas, IV, 5-8; Vi. LI, 59-78; Yagoi. I, 1 78-18 1, 27, Meat is sprinkled with water at the 6'rauta sacrifices. 174 LAWS OF MANU. V, 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). 31. '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. 32. 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. 33. 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). 34. 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. 35. 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. 36. 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. 37. 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. 34. ' Of one who slays deer for gain,' i. e. of a professional hunter of the 6'abara or other low castes. 35. Vas. XI, 34. 37. Sahge, ' if (he has) a strong desire (for meat),' (KulL, Ragh.), V, 44- LAWFUL AND FORBIDDEN FOOD. I 75 38. 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. 39. Svayambhu (the Self-existent) himself created animals for the sake of sacrifices ; sacrifices (have 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). 40. Herbs, trees, cattle, birds, and (other) animals that have been destroyed for sacrifices, receive (being reborn) higher existences. 41. 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. 42. 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 enter a most blessed state. 43. A twice-born man of virtuous disposition, whether he dwells in (his own) house, with a teacher, or in the forest, must never, even in times of distress, cause an injury (to any creature) which is not sanc- tioned by the Veda. 44. 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 aty^nteWid.- yam, and thus agrees with Kull.'s. // I 76 LAWS OF MANU. V, 45. prescribed for certain occasions, is no injury at all ; for the sacred law shone forth from the Veda. 45. He who injures innoxious beings from a wish to (give) himself pleasure, never finds happiness, neither living nor dead. 46. 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. 47. 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. 48. 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. 49. Having well considered the (disgusting) origin of flesh and the (cruelty of) fettering and slaying corporeal beings, let him entirely abstain from eating flesh. 50. He who, disregarding the rule (given above), does not eat meat like a Fisa^a., becomes dear to men, and will not be tormented by diseases. 51. 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). 52. 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). 46. The latter part of the verse may also be translated ' will obtain endless bliss, because he is a man ^vho desires the good of all creatures ' (Gov.). V, 58. LAWFUL AND FORBIDDEN FOOD; IMPURITY. I 77 53. 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- torious (conduct). 54. 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. 55. 'Me he (ma;;? 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;;2sa/?). 56. There is no sin in eating meat, in (drinking) spirituous liquor, and in carnal intercourse, for that is the natural way of created beings, but abstention brings great rewards. 57. 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;^a). 58. When (a child) dies that has teethed, or that before teething has received (the sacrament of) the tonsure (i^u^akara;^a) or (of the initiation), all rela- tives (become) impure, and on the birth (of a child) the same (rule) is prescribed. 54. Munyannani, 'food fit for ascetics (in thie forest),' i.e. 'wild rice and other produce of the forest.' 56. '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, II, 1-8, 17-23, 27-32; Vi. XXII; Yagii. Ill, 1-30. 58. Medh. and Gov. explain anu^ate, 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 I 78 LAWS OF MANU. V, 59. 59. It is ordained (that) among Sdiphidas 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. 60. But the Sapi//rt^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. 61. As this impurity on account of a death is pre- scribed for (all) Sapbidas, even so it shall be (held) on a birth by those who desire to be absolutely pure. 62. (Or while) the impurity on account of a death is common to all (Sapi;^^as), 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 ka, 'or,' the words ' of the initiation ' must be understood. 59. The bones of a Brahmawa 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 Smr/tis, on the status of the mourner, and that a man who knows the Mantras only of one 6'akha 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 Sapiwe/as 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 evaw syan matapitros tu sutakam 1 sutaka/;/ matur eva syad upaspr/sya pita su/cih 11 ' Even thus it shall be (held) on a birth, or the impurity shall fall on the parents alone, V, 66. IMPURITY. I yg 63. 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. 64. 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. 65. 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). 66. (A woman) is purified on a miscarriage in as many (days and) nights as months (elapsed after conception), and a menstruating female becomes 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. 63. The translation given above follows Gov., Kull., Nar., and Ragh. Medh. diff"ers. 64. According to Gov. and Nar. the rule refers to such Brahma«as who for money carry a dead body to the cemetery ; according to Kull. and Ragh. to Sapi«Cuna and the rest' (Nar.) ; or 'the recitation of the texts which precede the nuptial burnt-oblation' (Ragh., Nand.). Medh. connects the word with ya^Tla^, 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 0 2, ' 196 LAWS OF MANU. V, 153. 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. 154. 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. 155. 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. 156. 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. 157. 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. 158. 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. 159. Many thousands of Brahma;^as 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.' 155- Vi. XXVI,i5; Y%«. I, 77. 156-166. See below, IX, 64-68 ; Yagn. I, 75, 87. 157. Medh. takes this opportunity to strongly object to the prac- tice of widows burning themselves with their husbands' corpses. 1 59. Gov. and KuU. think that the verse refers to the Valakhilya ./?/shis. V, l66. WOMEN. 197 160. A virtuous wife who after the death of her husband constantly remains chaste, reaches heaven, though she have no son, just hke those chaste men. 161. 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). 162. 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. 163. 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 (paraptarva). 164. 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. 165. 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). 166. 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. 160. Vi. XXVI, 17. 162. Medh., Nan, 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. 165. Medh. omits verses 165-166. 198 LAWS OF MANU. V, 167. 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, 168. 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). 169. (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. Chapter VI. 1. 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). 2. 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. Yzgii. 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; III, 18-4, 22; Vi. XCIV- XCV; Y^gn. Ill, 45-55- 1. 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.' 2. IMedh. 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 3. 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. 4. 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. 5. 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. 6. 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). 7. 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. 8. 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. 3. ' 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.). 6. Alram, ' a tattered garment' (vastrakha7?fl'am, Medh., Gov., Kull.), may also mean ' a dress made of bark, Ku^a grass, or the like' (Gov., Nar., Ragh.). 8. Danta^, ' patient of hardships,' means according to Medh. and Nar. ' free from pride.' Gov. reads in the beginning of the second !00 LAWS OF MANU. VI, 9, and never a receiver of gifts, and compassionate towards all living creatures. 9. 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. 10. Let him also offer the Nakshatresh/i, the Agraya;m, and the A^aturmasya (sacrifices), as well as the Turayawa and likewise the Dakshaya/^a, in due order. 11. 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 (purort^am) and the boiled messes (/^aru), as the law directs. 12. 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 'msa.m data, 'let him not care for the pairs of opposites, let him be ever liberal and compassionate towards all creatures.' 9. Yogata/?, ' at the proper time'(Kull., Ragh.), means according to Medh, and Gov. 'as required by law;' according to Nar. 'dili- gently.' 10. Medh. reads Dar^esh/i for 7?/lishesh/i, ' the Nakshatresh/i.' I read with INIedh., Nar., Nand., and Ragh., Turaya«a (see Sziikh. 5rauta-sutra IV, 11) instead of Uttaraya«a, 'the sacrifice at the winter-solstice,' which Gov., Kull., and K. give. The first reads also more consistently than Kull. and K.: Dakshi«aya«aw, ' the sacrifice at the summer-solstice,' for Dakshasyaya«am, ' the Dakshaya«a.' The Nakshatresh/i is a 6'rauta sacrifice offered to the lunar mansions. Regarding the variety of the Dar^apaurwamasa, called Dakshayawa, A. see Asv. .Srauta-siitra II, 14. 12. According to Kull., the hermit is to collect the salt from lisharas, i.e. salt-marshes; according to Nar., he is to prepare it from the kshara, 'salt or alcaline elements' of trees and the like. VI, i8. THE HERMIT IN THE FOREST. 20I 13. 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. 14. Let him avoid honey, flesh, and mushrooms growing on the ground (or elsewhere, the vegetables called) Bhustri;^a, and ^'igruka, and the KS'leshman- taka fruit. 15. Let him throw away in the month of A^vina the food of ascetics, which he formerly collected, likewise his worn-out clothes and his vegetables, roots, and fruit. 16. Let him not eat anything (grown on) ploughed (land), though it may have been thrown away by somebody, nor roots and fruit grown in a village, though (he may be) tormented (by hunger). 17. 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. 18. He may either at once (after his daily meal) cleanse (his vessel for collecting food), or lay up a 14. Bhustr?ha, i.e. Andropogon Schoenanthus, vSigruka, according to Nar., the same as the ^obhanan^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. 6'leshmantaka, 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 Go^ihvika, 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. 16. 'Though he may be in distress,' i.e. 'tormented by hunger' (Gov., Kull.), or ' sick' (Nar.). 18. 'He may either at once (after his daily meal) cleanse (his 202 LAWS OF MANU. VI, 19. Store sufficient for a month, or gather what suffices for six months or for a year. 19. 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. 20. Or he may live according to the rule of the lunar penance (A'andraya^^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. 21. 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. 22. 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 S the open sky, and in winter be dressed in w^et ( 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. 21. All the commentators except Nar. expressly state that the text refers to a particular set of Sutras, ascribed to the J^t'shi Vikhanas, which contained rules for hermits. Medh. adds that the hermit is to learn other practices also from that work. 23. 'Five fires,' i.e. 'four fires and the sun from above.' VT, 29. THE HERMIT IN THE FOREST. 20^ 24. When he bathes at the three Savanas (sunrise, midday, and sunset), let him offer Hbations of water to the manes and the gods, and practising harsher and harsher austerities, let him dry up his bodily frame. 25. 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, 26. 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. 27. 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. 28. 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. 29. These and other observances must a Brah- m3.ua. 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, 24. 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 Dvadajaratra. 25. 'According to the rule,' i.e. 'by swallowing ashes and so forth' (Medh., Gov., Kull.), which mode has to be learned from the Sra.- vawaka [^'lama^/aka Sutra] (Medh.), or by reciting the text ' Ya te agne ya^fiiya,' Taitt. Sawh. II, 5, 8, 8 (Nar.). 29. 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 upanishawwa yo>^yata ity upanishat, 'Upanishad means (a text) which is recited (while the pupils are) seated near (the teacher).' 204 LAWS OF MANU. VI, 30. 30. (As well as those rites and texts) which have- been practised and studied by the sages (Rishis), and by Brahma;^a householders, in order to increase their knowledge (of Brahman), and their austerity, and in order to sanctify their bodies ; 31. 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. 32. A Brahma;^a, 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. 2>2>- But having thus passed the third part of (a 30. Gov. and Kull. separate the two words ' Brahmawa house- holders.' The former explains Brahmawa 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.' 31. 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 ^astras, 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. 32. '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, 11-25; Vas. VI, 19-20; X; VI, 39- HERMIT IN THE FOREST; THE ASCETIC. 205 man's 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. 34. 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. 35. 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. 36. 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. 37. A twice-born man who seeks final liberation, without having studied the Vedas, without having begotten sons, and without having offered sacrifices, sinks downwards. 38. 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 Brahmawa may depart from his house (as an ascetic). 39. 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, II, 16-26; 17, 1-18, 27; Vi. XCVI-XCVII; \^gn. Ill, 56-65. 33. Nar. takes asahga, 'attachment' (Gov., KulL), in the sense of ' possessions.' 38. The description of the rites to be performed on entering the order of ascetics is given in detail in Baudh. II, 17. y v> 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. 41. 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). 42. Let him always wander alone, without any companion, in order to attain (final liberation), fully 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. 44. A potsherd (instead of an alms-bowl), the roots of trees (for a dwelling), coarse worn-out garments, 41. Pavitropa/('ita/^, '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^, ' wholly silent' (Gov., Kull.), in the sense of ' intent on meditation.' Nand. explains samuport%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.' 43. Medh. explains muni//, ' meditating' (Gov., Kull.), by 'wholly silent.' Instead of asa?;ikasuka/z or a^awkasuka/z, ' firm of purpose' (Gov., Kull.), Nar., Nand., and K. prima manu read asawX'ayika>^, '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/'ayika/z. VT, 49- THE ASCETIC. 207 life in solitude and indifference towards everything, are the marks of one who has attained liberation. 45. Let him not desire to die, let him not desire i to live ; let him wait for (his appointed) time, as a | servant (waits) for the payment of his wages. 46. 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. 47. 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. \ 48. 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. 49. 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). 45. The correct reading is nirvejam (Medh., Nar.,var. lect., Nand.) instead of nirde^am (Gov., K.) or nidesam (Kull., Ragh.). The latter reading can, as Nar. remarks, only mean ' command.' 46. 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.). 48. 'The seven gates' are, according to Medh. and Gov., ' Dharma, Artha, and Kama separately, Dharma and Artha, Dharma and Kama, Ariha 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. 50. Neither by (explaining) prodigies and omens, nor by skill in astrology and palmistry, nor by giving advice and by the exposition (of the ^'astras), let him ever seek to obtain alms. 51. Let him not (in order to beg) go near a house filled with hermits, Brahma^^/as, birds, dogs, or other mendicants. 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. 53. 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) A'amasa, at a sacrifice. 54. 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. 55. 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. 50. According to Nar. and Ragh., aiigavidya, ' palmistry' (Medh., Kull., Nand.), means * the science of grammar and the other five Ahgas of the Veda.' Gov. takes nakshatrahgavidya as a determi- native compound, meaning * astrology.' Anujasana, ' giving advice' (Medh., Gov., Kull., Ragh,), means according to Nar. and Nand. ' 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. 55. ' 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.' YI, 63. THE ASCETIC. 209 56. When no smoke ascends from (the kitchen), when the pestle hes motionless, when the embers have been extinguished, when the people have finished their meal, when the remnants in the dishes have been removed, let the ascetic always go to beg. 57. 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. 58. 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 Sa;;2sara) by accepting (food given) in consequence of humble salutations. 59. By eating little, and by standing and sitting in solitude, let him restrain his senses, if they are attracted by sensual objects. 60. By the restraint of his senses, by th^destruc- tion of love and hatred, and by the abstention from injuring the creatures, he becomes fit for immor- tality. 61. Let him reflect on the transmigrations of men, caused by their sinful deeds, on their falling into hell, and on the torments in the world of Yama, 62. 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, 63. On the departure of the individual soul from this body and its new birth in (another) womb, and 57. Matra, 'utensils,' i.e. his staff, water-pot, &c. (Medh., Gov., Kull., Ragh.), means according to Nar. and Nand. ' a portion, e.g. a mouthful' (kavaladi/z, Nar.), or 'a portion, i.e. enough to fill his stomach' (udarapiaraz/avadhir matra). [25] P 2IO LAWS OF MANU. VT, 64. on its wanderings through /ten thousand millions of existences, i'^ 64. On tne 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. 65. 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. 66. 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. 6"]. 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. 68. 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. 69. 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. do- 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. 66. Instead of dushito 'pi, ' though blemished (by a want of the extern il marks of the order),' (Kull., Nand., Ragh.), Medh., Gov., Nar., and K. read bliCishito 'pi, ' though adorned (with garlands and the like).' 69. Regarding the term ' suppression of the breath,' see Vas. ^^Vj 13. and Wilson, Vish«upura«a,V, p. 231 (ed. Hall). VI, 74* THE ASCETIC. 2 I I 70. 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. 71. 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. 72. 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. 73. 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. 74. He who possesses the true insight (into the 71. Vas. XXV, 6; Baudh. IV, i, 24. 72, Regarding the term dhara«a, ' fixed attention,' see Wilson, Vishwupurawa, V, p. 237 (ed. Hall), and Jacob, Vedantasara, p, 109. Anijvaran gu?;an, ' all qualities that are not lordly/ Medh. ex- plains the qualities by 'goodness, passion, and darkness,' and the epithet 'not lordly' by 'depending upon another,' and adds that ' 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 anai^varan, 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 li 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. 75. 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. 78. He who leaves this body, (be it by necessity) as a tree (that is torn from) the river-bank, or (freely) like a bird (that) quits a tree, is freed from the misery (of this world, dreadful like) a shark. 79. 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. 80. When by the disposition (of his heart) he 75. ' By the rites prescribed in the Veda,' i. e. the daily rites (]\Iedh., 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. 79. ' Making over (the merit of his own) good actions' means according to Gov. and Medh. '(the merit of anybody's) good actions.' 80. ' In this world,' i.e. he becomes a Givanmukta, one liberated during this life (Nar.). VI, 84. THE ASCETIC. 21 3 becomes Indifferent to all objects, he obtains eternal happiness both in this world and after death. 81. He who has in this manner gradually given up all attachments and Is freed from all the pairs (of opposltes), reposes in Brahman alone. 82. 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. 83. 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). 84. That is the refuge of the ignorant, and even 81. ' The pairs of opposites,' i.e. hunger and satiety and so forth (Gov.), or honour and dishonour (Kull.). 82. 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.' IMedh. 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 abhi.fabditam by ' what can be expressed by words.' 83. 'Which refer to the sacrifice,' i.e. 'the Brahmawas' (INIedh., Gov., Nand.), or ' the Brahmaveda' (Kull., Nar.), or * the Karm.a- kaw^a,' e.g. ishe tva ur^e tva (Va^. Sawh. I, i), 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 Goldstiicker, Sansk. Diet., s. v. adhyatma. 214 LAWS OF MANU. VI, 85. that (the refuge) of those who know (the meaning of the Veda); that is (the protection) of those who seek (bhss in) heaven and of those who seek endless (beatitude). 85. 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. S6. 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, 87. The student, the householder, the hermit, and the ascetic, these (constitute) four separate orders, which all spring from (the order of) householders. 88. 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. 89. And in accordance with the precepts of the Veda and of the Smrzti, the housekeeper is declared 86. 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 Brahma«as 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, II, 9-34 ; Vi. LIX, 27-29. According to the commentators, the following discussion is intro- duced in order to show, (i) that there are four orders only, and that the Vedasawmyasika 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 hve in his house under the protection of his son. VI, 95- THE ASCETIC. 215 to be superior to all of them ; for he supports the other three. 90. As all rivers, both great and small, find a resting-place in the ocean, even so men of all orders find protection with householders. 91. By twice-born men belonging to (any of) these four orders, the tenfold law must be ever carefully obeyed. 92. 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. 93. Those Brahma;2as who thoroughly study the tenfold law, and after studying obey it, enter the highest state. 94. 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. 95. 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. 92. Dhrdi/z, ' 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. 'humihty;' according to Gov. and Nar. 'patience under sufferings;' according to KuU. and Ragh. ' the subjugation of the internal organ.' BhU, 'wisdom/ means according to Medh. and Gov. 'freedom from doubts and errors;' according to Kull. and Ragh. 'knowledge of the true meaning of the ^astras.' Nar. and Nand. read hu/i, ' modesty or shame.' 94. Vas. X, 26. g^. ' Having studied the Veda,' i. e. ' the Upanishads' (Kull.). 2l6 LAWS OF MANU. VI, 96. 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. 97. 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. 1. 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. 2. A Kshatriya, who has received according to the rule the sacrament prescribed by the Veda, must duly protect this whole (world). 3. 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), 4. Taking (for that purpose) eternal particles of Indra, of the Wind, of Yama, of the Sun, of Fire, of Varu//!a, of the Moon, and of the Lord of wealth (Kubera). ' .... --I— — , ■■.^■1 .-.—.I II. .1.. . I,. ■ , ,1 ., ,1 ■■■■I. II M.^^ Gov., Nar., Nand., Ragh., and K. read abhyasyan, ' studying the Veda,' and the same reading is mentioned by Medh. as a var. lect, 96. ' His own object,' i. e. ' final liberation.' 97. According to Medh. the word 'Brahma«a' is not intended to exclude other Aryans; but according to Gov., Kull., and Nar. it is meant to prescribe that asceticism is permissible for Brahmawas 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. 217 5. Because a king has been formed of particles of those lords of the gods, he therefore surpasses all created beings in lustre ; 6. And, like the sun, he burns eyes and hearts ; nor can anybody on earth even gaze on him. 7. Through his (supernatural) power he is Fire and Wind, he Sun and Moon, he the Lord of justice (Yama), he Kubera, he Varu;^a, he great Indra. 8. 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. 9. 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. 10. 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. 11. 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). 12. 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). 5. The commentators explain te^as, 'lustre,' by 'prowess or valour' (virya). The next verse, however, shows that at least a play on the word is intended. 10. According to the commentators, the verse is meant as a warning to those who are too confident of possessing a king's favour. II.' 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, 13. 13. 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. 14. 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. 15. Through fear of him all created beings, both the immovable and the movable, allow themselves to be enjoyed and swerve not from their duties. 16. 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. 13. 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. 14. Yagn. I, 353. 15. Bhogaya kalpante, 'allow themselves to be enjoyed' (Medh., Gov., Nar., Nand., Ragh.), means according to Kull. ' are able to enjoy their own.' Gov, says, /^/zedanadibhayena vr/lcshadisthavarawy api phalapushpadidvare«opabhogartha7« 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. 16. Gaut. XII, 51; Vas. XIX, 9; Vi. Ill, 91; Yagn. I, 367. VTI, 24. THE KING. 219 17. 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. 18. Punishment alone governs all created beings, punishment alone protects them, punishment watches over them while they sleep ; the wise declare punish- ment (to be identical with) the law. 19. If (punishment) is properly inflicted after (due) consideration, it makes all people happy; but inflicted without consideration, it destroys everything. 20. 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 ; 21. 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 would (usurp the place of) the higher ones. 22. 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- ments (which it owes). 23. 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. 24. All castes (var/^a) would be corrupted (by intermixture), all barriers would be broken through, 17. 'That is the male,' i.e. ' compared with him all others are (weak) women' (KulL). 19. Yagn. I, 355- 23. The commentators quote in explanation of this verse a pas- sage from the Ya^ur-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, 25. and all men would rage (against each other) in con- sequence of mistakes with respect to punishment. 25. 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 w^ell. 26. 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. 27. 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). 28. 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. 29. Next it will afflict his castles, his territories, the whole world toQ^ether with the movable and immovable (creation), likewise the sages and the gods, who (on the failure of offerings) ascend to the sky. 30. (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. 25. Vi. Ill, ^6. 26. Gaut. XI, 2. 27. Vishama/2, ' partial' (Nar.), means according to Gov., Kull., and Ragh. ' wrathful.' 28 ' By men with unimproved minds,' i. e. ' who have not learnt the Aastras' (Gov., KulL). 30-31. Gaut. XI, 4; Y^gn. I, 308-309, 354. VTI, 38. THE KING. '221 31. 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. 32. Let him act with justice in his own domain, with rieour chastise his enemies, behave without duplicity towards his friends, and be lenient towards Brahma;zas. 2,S' 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. 34. 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. 35. The king has been created (to be) the protector of the castes (var;za) and orders, who, all according to their rank, discharge their several duties. 36. 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. 37. Let the king, after rising early in the morn- ing, worship Brahma;2as who are well versed in the threefold sacred science and learned (in polity), and follow their advice. 38. 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. 31. Pure, i. e. ' with respect to the acquisition of wealth,' or ' not covetous' (Medh., Gov., KulL, Nar., Ragh.). Satyasaw^dha,' faithful to his promise' (Gov., Kull., Ragh.), means according to Medh. ' who cares for truth alone.' 32. Vi. Ill, 96; Y^gn. I, 333. 33- Vi. Ill, 97- 37-38. Vi. Ill, 76-77. 2 22 * LAWS OF MANU. VII, 39. 39. Let him, though he may already be modest, constantly learn modesty from them; for a king who is modest never perishes. 40. Through a want of modesty many kings have perished, together with their belongings ; through modesty even hermits in the forest have gained kingdoms. 41. Through a want of humility Vena perished, likewise king Nahusha, Sudas, the son of Pi^avana, Sumukha, and Nemi. 42. But by humility Pmhu and Manu gained sove- reignty, Kubera the position of the Lord of wealth, and the son of Gadhi the rank of a Brahma/^a. 43. 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. 44. 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. 45. Let him carefully shun the ten vices, springing 41. I read with Medh., Gov., Nar., Ragh., and K., Suda/; pai^a- vanai' ^aiva, instead of Sudaso yavanai- X'aiva (Kull.). Nand. has Vai^avana, a mere clerical mistake. As Medh. remarks, the legends regarding the worthies mentioned here occur in the Mahabharata. 42. The son of Gadhi, i.e. Vijvamitra ; see Muir, Original Sanskrit Texts, I, p. 83 seqq. 43. Gaut. XI, 3; Yagii. I, 310. Nar. takes anvikshikiw Ht- mavidyam to mean ' and the science of dialectics, i. e. the Nyaya, Sawzkhya, 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. 223 from love of pleasure, and the eight, proceeding from wrath, which (all) end in misery. 46. 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. 47. 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. 48. Tale-bearing, violence, treachery, envy, slan- dering, (unjust) seizure of property, reviling, and assault are the eightfold set (of vices) produced by wrath. 49. 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. , 50. Drinking, dice, 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. 51. 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. 52. A self-controlled (king) should know that in this set of seven, which prevails everywhere, each 49. ' 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.). 52, 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. VIT, 53. earlier-named vice is more abominable (than those named later). 53. (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. 54. 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. 55. 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. 56. 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). 54. Vi. Ill, 71 ; Yagn. I, 311. Labdhalakshan, 'skilled in the use of weapons' (Kull., Nar.), means according to Medh., Gav., Nand., and Ragh. 'who 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).' 55. The correct reading is kimu, 'how much harder' (Medh., Gov., sec. manu, Nar., Nand., Ragh., K.), instead of the kbn tu, 'but,' of the editions. 56. Ya^?i. I, 31 1. Sthana means according to Gov., Kull., Nar., Ragh. ' the army, the treasury, the town, and the kingdom ;' accord- ing to Medh. either that or ' the loss of his kingdom ;' according to Nand. ' halting' (asana). YII, 63. THE KING. 225 57. 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. 58. 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. 59. 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. 60. He must also appoint other officials, (men) of integrity, (who are) wise, firm, well able to collect money, and well tried. 61. As many persons as the due performance of his business requires, so many skilful and clever (men), free from sloth, let him appoint. 62. 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. 6'^. 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. 58. Ydign. L 311. 60. Nar. mentions kulodgatan, ' of noble families/ as a var. lect. for avasthitan, ' firm/ 62. 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 ' 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. 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. 65. 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. 66. For the ambassador alone makes (kings') allies and separates allies ; the ambassador transacts that business by which (kings) are disunited or not. 67. 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. 68. 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. 64. AnuraktaA, 'loyal' (Medh., Gov., Ragh.), means according to KuU. ' who is beloved among the people.' 66. Instead of bhidyante 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.' 67. Nigur///ehgita>^esh/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.' 68. 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; 69. Let him settle in a country which is open and has a dry cHmate, 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. 70. 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. 71. 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. 72. 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. 'JT). 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. 74. One bowman, placed on a rampart, is a match in battle for one hundred (foes), one hundred for ten 69. Vi. Ill, 4-5; Yign. 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.' 70. Vi. Ill, 6. Q 2 2 28 LAWS OF MANU. VII, 75. thousand ; hence it is prescribed (in the ^Sastras that a king shall possess) a fortress. 75. 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, 76. 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. 77. Inhabiting that, let him wed a consort of equal caste (var/^a), who possesses auspicious marks (on her body), and is born in a great family, who is charming and possesses beauty and excellent qualities. 78. Let him appoint a domestic priest (purohita) and choose officiating priests (mvi^) ; they shall perform his domestic rites and the (sacrifices) for which three fires are required. 79. A king shall offer various (^'rauta) sacrifices at which liberal fees (are distributed), and in order 75. Yantrai/^, ' with engines,' i.e. 'with catapults and so forth' (kshepyadibhi/;, Nar.), or 'made of iron and so forth' (Ragh.). 76. Ap. II, 25, 2-3. Sarvartukam, 'habitable in every season' (Nar., Nand.), means according to Medh., Gov., Kull., and Ragh. ' supplied with the produce of every season.' 78. Gaut. XI, 12-18; Vas. XIX, 3-6; Baudh. I, 18, 7-8; Vi. Ill, 70; Yagn. I, 312-313. Medh., Gov., Ragh., and K. read, as the sense requires, n\v\ga./i, ' officiating priests,' while Kull. alone gives the singular. 79. Ap. II, 26, i; Vi. Ill, 81, 84 ; Yagii. 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.). ¥11,85- THE KING. 229 to acquire merit, he shall give to Brahma;^as enjoy- ments and wealth. 80. 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. 81. For the various (branches of business) let him appoint intelligent supervisors ; they shall inspect all (the acts) of those men who transact his business, S2. Let him honour those Brahma^^as 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. 83. Neither thieves nor foes can take it, nor can it be lost ; hence an imperishable store must be deposited by kings with Brahma;^as. 84. The offering made through the mouth of a Brahma;^a, which is neither spilt, nor falls (on the ground), nor ever perishes, is far more excellent than Agnihotras. 85. 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- 80. Y^gn. 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.' 83. Yagn. I, 314. 84. Vas. XXX, 7 ; Yagii. I, 315. Na vyathate, ' nor falls (on the ground),' (Gov., Nar.), means according to Kull. ' nor is dried up.' Medh. reads y^yavate, ' 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 Kr/sh«apa«(/ita in his comm. on Vas. XXX, 7, in the sense of * nor causes pain.' 85. Gaut. V, 20 ; Vi. XCIII, 1-4. Samam phalam, ' the ordinary 230 LAWS OF MANU. YII, 86. read Brahma;^a, a hundred-thousandfold (reward) ; (a gift) to one who knows the Veda and the Angas (Vedaparaga, a reward) without end. 86. 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. 87. 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. 88. Not to turn back in battle, to protect the people, to honour the Brahma;^as, is the best means for a king to secure happiness. ) 89. Those kings who, seeking to slay each other in battle, fight with the utmost exertion and do not turn back, go to heaven. -i 90. When he fights with his foes in battle, let him not strike with weapons concealed (in wood), nor wuth (such as are) barbed, poisoned, or the points of which are blazinof with fire. 91. Let him not strike one who (in flight) has reward,' i.e. 'just as much as the Veda promises for the object given' (Gov., Kull, Ragh.). Medh. takes samam in the sense of ' middling,' and Nar. explains it by ' a reward equal to the kindness shown.' Instead of pradhite, ' to a well-read Brahma;/a,' Medh., Gov., Nar., and K. read aHrye, ' to the teacher,' and Nand. j'rotriye, 'to a ^S'rotriya.' 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 ; Yagii. I, 322-323. 90. Baudh. I, 18, 10. Ku/ai-^, 'concealed (in wood),' (IMedh., 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. 91. Sthalarulam, ' wise.' 142-144. Ap. II, 10, 6 ; Gaut. X, 7-8 ; Vas. XIX, i ; Baudh. I, 18, I ; Vi. Ill, i; Yagn. I, 334-335- VII, 152. THE KING. 239 having, with a collected mind, offered oblations in the fire, and having worshipped Brahmawas, he shall enter the hall of audience which must possess the marks (considered) auspicious (for a dwelling). 146. 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. 147. 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. 148. 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. 149. 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. 150. (Such) despicable (persons), likewise animals, \ . and particularly women betray secret council ; for I that reason he must be careful with respect to | \ them. 151. 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, 152. On (reconciling) the attainment of these 147-148. Yagii. I, 343. 147. Ni/zsalake, 'solitary' (Nar., Kull., Ragh.), means according to Medh., Gov., and Nand. ' free from grass and so forth,' 149. 'Animals,' i.e. 'parrots, starlings, and other talking birds' (Kull., Gov., Ragh., Nand.), ' for such creatures divulge secret plans' (Medh.). 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), 153. 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. 154. 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). 155. 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). 154. ' 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 Nitirastra 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 pa?l/('avarga by ' the collection of the five (requisites for an undertaking).' Regarding ' the circle,' see the following verses. 155-159- Vi. III. 38; Yagn. I, 344. 155. ' 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, 18, which passage the commentators quote. * The foe' may be of three Vn, i6i. THE KING. 24 1 156. These (four) constituents (prakmi, form), briefly (speaking), the foundation of the circle (of neighbours) ; besides, eight others are enumerated (in the Institutes of PoHty) and (thus) the (total) is declared to be twelve. 157. 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). 158. 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. 159. 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). 160. Let him constantly think of the six measures of royal policy (gwrn, viz.) alliance, war, marching, halting, dividing the army, and seeking protection. 161. 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). 156. ' The eight other constituents' are according to Kamandaki VIII, 16-17, (a) in front beyond the foe's territory, i. a friend, 2. the foe's friend, 3. the friend's friend, 4. the foe's friend's friend; (b) in the rear, i. he who attacks in the rear (parshwigraha), 3. 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; Yagn. 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). 162. But the kinof 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. 163. 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). 164. 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 w^aged to avenge) an injury done to a friend. 165. 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. 163. 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 g2.kkhz.\2ik samanaphalabha- gitaya na /^a 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. 164. 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«apak?7te (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. 243 166. 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. 167. 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. 168. 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. 170. But when he thinks all his subjects to be 166. Piirvakn'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.' 167. 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 Kamandaki, Nitisara XI, 24, where a different meaning, 'duplicity,' is attributed to the term dvai- dhibhava. Nand.'s whole explanation consists of this quotation. 170. I read with all the commentators and K., prahn'sh/a instead of prakmh/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. 171. 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. 172. 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. 173. 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. 175. 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. 176. When, even in that (condition), he sees (that) evil is caused by (such) protection, let him without hesitation have recourse to war. 177. By all (the four) expedients a politic prince must arrange (matters so) that neither friends, nor neutrals, nor foes are superior to himself. 178. Let him fully consider the future and the immediate results of all undertakings, and the good and bad sides of all past (actions). 179. 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. 1 76, I read with Gov. and K. sa yuddham instead of suyuddham (Medh., Kull., Ragh., Nand.), ' let him fight bravely.' VII, 185. THE KING. 245 180. 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. 181. 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. 182. 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. 183. 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. 184. 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 ; 185. 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. 182. Vi. Ill, 40; Ya.gn. I, 347. 'Fine,' i.e. 'when fodder and grain are abundant and the roads dry' (Gov., Kull., Ragh.). Marga.yirsha, i. e. November-December ; Phalguna, i. e. February- March ; ^aitra, i. e. March-April. 184. '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' (Nan). 185. '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. 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. 187. Let him march on his road, arraying (his troops) Hke 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 Garurt'a (i. e. in a rhomboid with far-extended wings). 188. 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. 189. 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 (?). 187. The details regarding the various ways of arranging the troops are found in the Kamandaki, Nitisara XIX. 188. 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/aniveJanaw^ kuryat). The lotus-array is stated to be ' equally extended on all sides and perfectly circular, the centre being occupied by the king.' 189. 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. 247 190. 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. 191. 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. 192. 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. 193. (Men born in) Kurukshetra, Matsyas, Van- /^alas, and those born in ^'urasena, let him cause to fight in the van of the battle, as well as (others who are) tall and light. 194. 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. 195. 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. 190. Nar. explains gulman, 'troops of soldiers/ by gulmade- jasthan, '(soldiers) standing in thickets' (?). 192. 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.' 193. Kurukshetra, i.e. the neighbourhood of Delhi; Matsyas, i. e. the inhabitants of Baira/a or Vaira/a, north of Jepur (Bhoga- pure, Medh.) ; Paw,('alas, i. e, the inhabitants of Kanyakub^a (Ka- no^^) ; -Surasenas, i. e. the inhabitants of the country near Mathura (Ahi/ii^atra, Gov,). 248 LAWS OF MANU. VII, 196. 196. Likewise let him destroy the tanks, ramparts, and ditches, and let him assail the (foe unawares) and alarm him at night. 197. 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. 198. 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.) 199. For when two (princes) fight, victory and defeat in the battle are, as experience teaches, uncertain ; let him therefore avoid an engagement. 200. (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. 201. When he has gained victory, let him duly worship the gods and honour righteous Brahmawas, let him grant exemptions, and let him cause promises of safety to be proclaimed. 201-205. Vi. Ill, 47-49; Y%il. I, 342, 348-35I- 201. '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 ^rotriyas and others' (n-otriyadigatavajyadaneshu mayaitad anu^matam ity evam) ; ac- cording to Kull. 'gifts to gods and Brahmawas;' according to Nar. 'Agraharas or villages presented to Brahmawas;' according to Rach. ' dfts 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 Brahmawas or temples. In our passage a general temporary remission of the taxes is probably intended. VII, 207. THE KING. 249 202. But having fully ascertained the wishes of all the (conquered), let him place there a relative of the (vanquished ruler on the throne), and let him impose his conditions. 203. 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. 204. 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. 205. All undertakings (in) this (world) depend both on the orderingr 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. 206. 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). 207. 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 205. Yagn. 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). 206. 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. 207. 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. 208. 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. 209. A weak friend (even) is greatly commended, who is righteous (and) grateful, whose people are contented, who is attached and persevering in his undertakings. 2 1 o. The wise declare him (to be) a most dangerous foe, who is wise, of noble race, brave, clever, liberal, grateful, and firm. 211. Behaviour worthy of an Aryan, knowledge of men, bravery, a compassionate disposition, and great liberality are the virtues of a neutral (who may be courted). 212. 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 parshwigraha, ' 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 parshwigraha. 208. Y%«. I, 351. 211. 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, sukshmadar^'itvam, Medh.'s explanation is not deci- pherable. VII, 2 1 8. THE KING. 251 213. For times of need let him preserve his wealth ; at the expense of his wealth let him preserve his wife ;/lA him at all events preserve himself even by (giving up) his wife and his wealth^// 214. 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.) 215. 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. 216. Havinof 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. 217. 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. 218. Let him mix all his food with medicines/^ (that are) antidotes against poison, and let him;/ always be careful to wear gems which destrov'/ poison. 215. 'The person who employs the expedients,' i.e. 'himself (Gov., Kull., Nar., Ragh.); 'his minister or the like' (Mand.). Ajritya, * let him ponder on' (manasa balabaladidvara nij^^itya, Nar., Ragh.), means according to Medh., Gov., Kull. 'let him depend on.' 217-220. Vi. Ill, 85,87-88; Y2ign. I, 326. 218. INIedh., Gov., Nar., and Nand. read ne^ayet, and Ragh. so- dhayet, ' let him purify,' instead of yo^ayet (Kull., K.), ' let him mix.' NSr. explains niyata/^ (Medh., Nar., Ragh.) or prayata>^, 'careful' (yatnavan, Gov., Kull, Ragh.), by ' being pure.' 252 LAWS OF MANU. VII, 219. 219. Well-tried females whose toilet and orna- ments have been examined, shall attentively serve him with fans, water, and perfumes. 220. In like manner let him be careful about his carriages, bed, seat, bath, toilet, and all his ornaments. 221. 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. 222. Adorned (with his robes of state), let him again inspect his fighting men, all his chariots and beasts of burden, the weapons and accoutrements. 223. 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. 224. But going to another secret apartment and dismissing those people, he may enter the harem, surrounded by female (servants), in order to dine again. 225. 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 fatig-ue. 226. 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. 223. Yagn. 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.). 225. Ya^«. I, 330. ' Something,' i. e. * not too much.' VIII, 6. CIVIL AND CEREMONIAL LAW. 253 Chapter VIII. 1. 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. 2. There, either seated or standing, raising his right arm, without ostentation in his dress and ornaments, let him examine the business of suitors, 3. 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. 4. 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, 5. (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, 6. (10) Disputes regarding boundaries, (11) assault and (12) defamation, (13) theft, (14) robbery and vio- lence, (15) adultery, VIII. I. Vi. Ill, 72; Yagn. I, 359; II, i; Gaut. XIII, 26; Vas. XVI, 2. 2. 'Standing,' 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. 3. 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, Nar.). 4. ' Non-payment of debts' (r/wasya adanam, Nar., Nand.) may also be translated 'recovery of debts' (nVzasya adanam). 254 LAWS OF MANU. VIIT, 7. 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. 8. Depending on the eternal law, let him decide the suits of men who mostly contend on the titles just mentioned. 9. But if the king does not personally investigate the suits, then let him appoint a learned Brahma;/a to try them. 10. 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. 11. 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. 12. 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). 13. Either the court must not be entered, or the truth must be spoken ; a man who either says nothing or speaks falsely, becomes sinful. 7. Vyavaharasthitau, ' which give rise to lawsuits' (Gov.), means according to Nar. ' in deciding lawsuits.* 8. 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. 9. Vi. Ill, 73 ; Y&gn. II, 3 ; Gaut. XIII, 26 ; Vas. XVI, 2. 10. INIedh. says 'by (at least) three assessors.' 13. '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 14. Where justice is destroyed by injustice, or truth by falsehood, while the judges look on, there they shall also be destroyed. 15. 'Justice, being violated, destroys; justice, being preserved, preserves : therefore justice must not be violated, lest violated justice destroy us.' 16. For divine justice (is said to be) a bull (vr/sha) ; that (man) who violates it (kurute 'lam) the gods consider to be (a man despicable like) a K^udra (vr/shala) ; let him, therefore, beware of vio- lating justice. 17. The only friend who follows men even after death is justice ; for everything else is lost at the same time when the body (perishes). 18. 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. 19. 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). 20. A Brahma;2a who subsists only by the name of his caste (^ati), or one who merely calls himself a Brahma;2a (though his origin be uncertain), may, at the king's pleasure, interpret the law to him, but never a 6'udra. 15. This admonition must be addressed by the assessors to a judge who acts against the law (Gov., Kull., Ragh.), Nand. reads vzh, ' you,' instead of na/z, ' us.' 18. Gaut. XIII, 11; 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. 20. 'One who subsists only by the name of his caste,' i.e. 'a man of Brahma^za descent, who neither studies nor performs any other 256 LAWS OF MANU. 7111,21. 2 1. The kingdom of that monarch, who looks on while a ^'udra settles the law, will sink (low), like a cow in a morass. 22. 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. 23. 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. 24. 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 (var;/a). act required by the sacred law' (Kull., Ragh.), or ' one who has not been initiated' (Nar.). Brahma«abruva/^, '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 Brahmawa, 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 6'udra is emphatically forbidden, Kshatriyas and Vai^yas may be employed in cases of necessity. 22. -SudrabhuyishMam, 'where 6"udras are very numerous' (Gov., Kull., Ragh.), means according to Medh. ' where 6'udras mostly decide the law - cases,' according to Nand. ' where 6'udras are mostly employed in high offices.' Nar. adds that each of the blemishes enumerated is sufficient to cause destruction, 24. 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 25. 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. 26. 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. 27. The king shall protect the inherited (and other) property of a minor, until he has returned (from his teacher's house) or until he has passed his minority. 28. 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. Yagn. II, 15. 25. 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.' (Nar,). 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. .ATesh/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. 27. '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.). 28. '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 [23] S 258 LAWS OF MANU. VIII, 29. 29. A righteous king must punish like thieves those relatives who appropriate the property of such females during their lifetime. 30. 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. 31. 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. 32. 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). 33. 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; Yagn. 11, 33. 30. '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- mawical property (see Gaut. loc. cit.). 33. 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 I VTII, 39- CIVIL AND CRIMINAL LAW. 259 34. 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. 35. 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. 36. 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). ^"j. When a learned Brahma/^a has found treasure, deposited in former (times), he may take even the^ whole (of it) ; for he is master of everything. 38. When the king finds treasure of old concealed in the ground, let him give one half to Brahma?ms and place the (other) half in his treasury. 39. 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; Vas. Ill, 13-14; Vi. Ill, 56-64; Yagn. II, 34-35- 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.). 36. 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.). 37. Medh., Gov., Nar. take, as Kull. points out, most improperly purvopanihitam, ' deposited in former times,' to mean ' deposited by his ancestors.' The parallel passages of Vishwu and others are perfectly clear on the point. 39. I take the last clause, which might also be translated * (and) S 2 26o LAWS OF MANU. VIII, 40. (his giving) protection, (and) because he is the lord of the soil. 40. Property stolen by thieves must be restored by the king to (men of) all castes (var;«a) ; a king who uses such (property) for himself incurs the guilt of a thief. 41. (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. 42. 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. 43. 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 (bhilmi) ; 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).' 40. Ap. II, 26, 8 ; Gaut. X, 46-47 ; Vi. Ill, 66-67 ; Ya^~^. II, 36. I.e. 'if he recovers it' (Medh., Gov., Kull., Nar., Ragh., Nand.). Medh. reads /^aurihr2'tam, and mentions another reading, /^aurahntam, which Ragh. has, and thinks that it may mean that the king must make good stolen property which is not recovered. 41. Ap. II, 15, I ; Gaut. XI, 20; Vas. XIX, 7; Baudh. I, 2, 1-8; Vi. Ill, 3 ; Yagn. I, 360. Gati, ' castes,' i. e. ' Brahmawas and so forth' (Kull., Nar., Ragh., Nand.). (zanapada, ' the laws of districts, e. g. of the Kuru, Ka^i or Kai'mira countries ' (Medh.), or ' of certain districts' (deya. 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.' .S'rem ,' 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., R^gh.). 43. Gaut. XIII, 27. '(Some) other (man),' i.e. 'the plaintiff' I Till, 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), 44. 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). 45. 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. 46. 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.' 44. Thus KuU. and Ragh. But Medh. and Gov. take the verse a little differently, ' As the hunter tracks the steps of (a wounded) deer,' &c. 45. ' The truth,' i. e. ' removing all fraud' (Kull., Ragh.), or ' what portion (of this suit) is based on truth' (Nan, Nand.). Artham, ' 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.). Riipam, ' 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.). 46. 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. VTII, 47. opposed to the (customs of) countries, families, and castes (^ati). 47. 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). 48. 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. 49. 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, 50. A creditor who himself recovers his property from his debtor, must not be blamed by the king for retaking what is his own. 51. 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 ^'ruti and Smr/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.' 49. Vyavaharewa, *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.' Br/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^ana, or Dharwa, and to the Traga of the bards. 50. Vi. VI, 19 ; Y&gn. II, 40. 51. '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. 263 to the creditor and a small fine according to his circumstances. 52. 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. 53. (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 ; 54. 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 ; 55. 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) ; 56. 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. 57. Him also who says ' I have witnesses,' and, 52. Instead of dejyam, '(a witness) who was present (when the loan was made,' K., Ragh., KulL), Medh., Gov., Nar., and Nand. read dei-am, ' (must point out) the place.' 53-56. Yagn. II, 16. 53. Medh., Gov., Nar., and Nand. read apade^am, ' a wrong or impossible place,' instead of adej-yam, 'a witness not present.' Kull. reads according to the editions, ' ade^yam,' but his explanation agrees with the other reading. 54. Prawihitam, ' duly stated (by himself),' (Kull., Nand.), i. e. ' in the plaint' (Gov.), means according to Ragh. and Nar. 'duly ascertained.* 56. ' 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. 58. 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- nio^hts, he has lost his cause. 59. 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. 60. (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. 61. 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). 62. Householders, men with male issue, and indi- genous (inhabitants of the country, be they) Ksha- triyas, Vaii-yas, or ^Sudras, are competent, when called by a suitor, to give evidence, not any persons whatever (their condition may be) except in cases of urgency. 58. 'If a plaintiff does not speak,' i.e. 'after bringing a suit' (Kull,). Corporal punishment is for heavy cases (Kull.). 59. YagTi. II, 59. 60. Thus Gov,, Kull., Ragh., but the last words may also mean ' in the presence of the king and of the Brahma«as.' 61-72. Ap. II, 29, 7; Gaut. XIII, 1-4; Vas. XVI, 28-30; Baudh. I, 19, 13; Vi.VIII, 7-9; Yagn. II, 68-72. 62. 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. VITI, 66. CIVIL AND CRIMINAL LAW; DEBTS. 265 63. Trustworthy men of all the (four) castes (var;^a) 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). 64. 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). 65. The king cannot be made a witness, nor mechanics and actors, nor a ^Srotriya, nor a student of the Veda, nor (an ascetic) who has given up (all) connexion (with the world), 66. Nor one wholly dependent, nor one of bad fame, nor a Dasyu, nor one who follows forbidden 64. ' 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 tlie Hke' (Medh.), or 'servants '(Kull., Nar.). Dr/sh/adosha, ' men formerly convicted (of perjury),' (Medh,, Gov., Kull., Nar., Ragh., Nand.), may according to INIedh. 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. Abhij-astas, ' those accused of such crimes.' 65. Kujilava, ' actors' (Nar.), or ' dancers, musicians, and singers' (Medh.), or ' actors and so forth' (Gov., Kull), or ' singers' (Nand.). A A-otriya, 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.' 66. ' 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, 67. 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 68. Women should give evidence for women, and for twice-born men twice-born men (of the) same (kind), virtuous ^'tadras for ^'udras, and men of the lowest castes for the lowest. 69. 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. 70. 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.). 68. 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.). • 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.). 69. 'Of (a crime causing) loss of life,' i.e. ' of robberies, murders, and the like' (I\Iedh., Gov., Kull.). 70. 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. 71. 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. 72. In all cases of violence, of theft and adultery, of defamation and assault, he must not examine the (competence of) witnesses (too strictly). 73. 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. 74. 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. 75. A witness who deposes in an assembly of honourable men (Arya) anything else but what he has seen or heard, falls after death headlong into hell and loses heaven. 73. Vi. VIII, 39; Yagn. II, 78, 80. 'The best of the twice- born,' i. e. ' Brahmawas' (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. 74. 'Nor wealth,' i.e. ' he will not be fined.' 75. '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.). 268 LAWS OF MANU. ¥111,76. 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. "]*]. One man who is free from covetousness may be (accepted as) witness ; but not even many pure women, because the understanding of females is apt to waver, nor even many other men, who are tainted with sin. ']^. 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. 79. 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 : 80. * 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). 81. *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). 76. '(Originally) not appointed (to be a witness),' i.e. 'not entered as a witness in the document' (Medh.), ' but accidentally present at the transaction' (KuU., Nan, Nand.). 78. '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.' 79. Gaut. XIII, 5. 8o-ioi, Ap. II, 29, 9-10; Gaut. XIII, 14-22 ; Vas. XVI, 32-34; Baudh. I, 19, 9-12 ; Vi. VIII, 19-37 ; Yag'?!. II, 73-75- VIII, 88. CIVIL AND CRIMINAL LAW; PROCEDURE. 269 82. 'He who gives false evidence is firmly bound by Varu;2a's fetters, helpless during one hundred existences ; let (men therefore) give true evidence. S^. 'By truthfulness a witness is purified, through truthfulness his merit grows ; truth must, therefore, be spoken by witnesses of all castes (var;m). 84. ' 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. 85. * The wicked, indeed, say in their hearts, " No- body sees us;" but the gods distinctly see them and the male within their own breasts. 86. ' 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.' 87. 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;/as. 88. Let him examine a Brahma/^a (beginning with) ' Speak,' a Kshatriya (beginning with) ' Speak the truth,' a Vai^ya (admonishing him) by (mention- ing) his kine, grain, and gold, a ^'udra (threatening 82. 'Varu«a's fetters,' i.e. 'terrible snake-bonds or dropsy' (Medh., KuU.). 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-veda VII, 89, i, and the story of ^una/isepha, Ait. Brahm.VII, 15. The fetters of Varuwa are mentioned as the punishment of Uars, Atharva-veda IV, 16, 6. 86. '(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. 88. '(Admonishing him) by (mentioning) his kine, grain, or gold,' i. e. ' threatening him with the guilt of all offences committed against 2 70 LAWS OF MANU. VITI, 89. him) with (the guilt of) every crime that causes loss of caste ; 89. (Saying), ' Whatever places (of torment) are assigned (by the sages) to the slayer of a Brahma;2a, 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. 90. '(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. 91. '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. 92. '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. 93. * Naked and shorn, tormented with hunger and thirst, and deprived of sight, shall the man who gives false evidence, go with a potsherd to beg food at the door of his enemy. 94. ' Headlong, in utter darkness shall the sinful man tumble into hell, who being interrogated in a judicial inquiry answers one question falsely. 95. ' 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. 96. ' 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.' (Nan), or ' by making him touch a cow, &c.' (Nand.). VIII, loi. CIVIL AND CRIMINAL LAW; PROCEDURE. 2'Jl ^. ^ — _ ___ ^ in this world than him, of whom his conscious Soul has no distrust, when he gives evidence. 97. ' Learn now, O friend, from an enumeration in due order, how many relatives he destroys who gives false evidence in several particular cases. 98. 'He kills five by false testimony regarding (small) catde, 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. 99. ' 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. 100. '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. loi. 'Marking well all the evils (which are pro- 97. 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.' 98. ' Men,' i. e. ' slaves.' 99. 'Everything,' i.e. 'everything animated' (Gov., Kull), or 'even more than a thousand' (Nar., Ragh.). 100. ' 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. 10 1. A^l^asa, 'openly,' means according to Gov. and Kull. 'truly,' according to Nar. ' quickly.' 272 LAWS OF MANU. VIII, 102. duced) by perjury, declare thou openly everything as (thou hast) heard or seen (it).' 102. Brahma;^as who tend cattle, who trade, who are mechanics, actors (or singers), menial servants or usurers, the (judge) shall treat like ^'udras. N 103. In (some) cases a man who, though knowing I \ ! I (the facts to be) different, gives such (false evidence) ^ , , jfrom a pious motive, does not lose heaven ; such (evidence) they call the speech of the gods. 104. Whenever the death of a ^'udra, of a Vaii"ya, 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. 105. 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. 106. 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 Varu?2a, * Untie, O Varu/^a, the uppermost fetter,' or the three verses addressed to the Waters. 107. 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- 102. Vas. Ill, I. 103-104. Gaut. XIII, 24-25 ; Vas. XVI, 36 ; Vi. VIII, 15 ; Ya^w. II, 83. 103. Nand. omits this verse. 105-106. Baudh. I, 19, 16 ; Vi. VIII, 16 ; Ya^7l II, 83. 106. The Kushmaw^fa texts are found Taitt. Ar. X, 3-5 ; the verse addressed to Varu«a, Rig-vedal, 24, 15; and the three verses addressed to the Waters, Rig-veda X, 9, 1-3. 107. Ya^Ti. II, 76. VIII, 112. 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). 108. 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. 109. 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. 111. 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. 112. 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. 108. Yagn. II, 113. 109. Gaut. XIII, 12-13; ^i- I^' 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. 1 1 2. Gaut. XXIII, 29 ; Vas. XVI, 35. ' Fuel,' i. e. ' for a burnt- [25] T // 2 74 LAWS OF MANU. VIII, 113. 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 Vai^ya by his kine, grain, and gold, and a ^'lidra by (impre- cating on his own head the guilt) of all grievous offences (pataka). 114. 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. 115. 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. 116. 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., KuU., Nar.). In the last cases the sacredness of the purpose excuses the crime. 113. The Kshatriya and Vaixya must touch the things men- tioned, and say, 'May they become useless to me!' (Medh., Gov., Kull.) 114. This verse refers, as the commentators assert, to the two ordeals described by Vi. XI-XII, and Ya^il. 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. 116. Maitreya, the step-brother of Vatsa, accused the latter of being the offspring of a 6'udra woman. In order to prove the falseness of this allegation, Vatsa passed through a fire (Medh., Gov., Kull., Nar., Ragh.). I read spaja/i instead of spma/;. 117. Vi. VIII, 40. 'Fines imposed must be remitted' (Gov., Kull., Nar.). Vm, 124. CIVIL AND CRIMINAL LAW; PROCEDURE. 275 118. Evidence (given) from covetousness, distrac- tion, terror, friendship, lust, wrath, ignorance, and childishness is declared (to be) invalid. 119. I will propound in (due) order the particular punishments for him who gives false evidence from any one of these motives. 120. (He who commits perjury) through covetous- ness shall be fined one thousand (pa?^as), (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). 121. (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;zas). 122. 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. 123. But a just king shall fine and banish (men of) the three (lower) castes (van^a) who have given false evidence, but a Brahma^^a he shall (only) banish. 124. Manu, the son of the Self-existent (Svayam- bhu), has named ten places on which punishment 1 19-123. Yagii. II, 81. 120. Regarding the three amercements, see below, verse 138. 123. 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. 124. 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/^a) ; but a Brahma/^a shall depart unhurt (from the country). 125. (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. 126. 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. 127. Unjust punishment destroys reputation among men, and fame (after death), and causes even in the next w^orld the loss of heaven ; let him, therefore, beware of (inflicting) it. 128. 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. 129. 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). 131. Those technical names of (certain quantities of) copper, silver, and gold, which are generally used 126. Gaut. XII, 51 ; Ya^fi. I, 367. Anubandham, 'the motive,' includes according to Gov. and KuU. 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. Yzgii. I, 356; Vi. XIX, 43. 129-130. Yagn. I, 366. 131-138. Vi. IV, 1-14; Y%». I, 361-365. VTTT, 139. CIVIL AND CRIMINAL LAW; PROCEDURE. 277 on earth for the purpose of business transactions among men, I will fully declare. 132. 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;m (a floating particle of dust). 133. Know (that) eight trasare;«us (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. 134. Six grains of white mustard are one middle- sized barley-corn, and three barley-corns one kri- sh;^ala (raktika, or gu;7^a-berry) ; five kresh/^alas are one masha (bean), and sixteen of those one suvar/^a. 135. Four suvar;/as are one pala, and ten palas one dhara^a; two krzshualas (of silver), weighed to- gether, must be considered one mashaka of silver. 136. Sixteen of those make a silver dhara;^a, or pura/^a; but know (that) a karsha of copper is a karshapa;m, or pa;/a. 137. Know (that) ten dhara;2as of silver make one ^atamana ; four suvar;/as must be considered (equal) in weight to a nishka. 138. Two hundred and fifty pa;/as 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. 139. A debt being admitted as due, (the defendant) 134. The kr?sh«ala or raktika (ratti) is still used by jewellers and goldsmiths. It corresponds to 0.122 grammes, or 1.875 grains. 136. A karsha = 16 mashas = 8o knsh/zalas. 139. Vi.VI, 20-21; Yagfi. II, 42. According to Nar. 'some' only have this verse. 278 LAWS OF MANU. VIII, 140. shall pay five in the hundred (as a fine), if it be denied (and proved) twice as much ; that is the teachinor of Manu. 140. 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. 141. 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. / 142. Just two in the hundred, three, four, and five (and not more), he may take as monthly interest accordinsf to the order of the castes (var/^a). 143. 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. 140. Gaut. XII, 29; Yagn. II, 37. The rule occurs in our Vasish//za Dharmajastra 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 ofYa^'ji. 141-142. Vas. II, 48; Vi. VI, 2 ; Y%il. II, 37. This rule refers, according to the same commentators, to unsecured loans. A Brahmawa is to pay two per cent per month, a Kshatriya three, a Vai.yya 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. 143. Gaut.XII,32; Vi. VI, 5. 'A beneficial pledge,' i.e. 'land, cattle, slaves, &c.' According to Medh., Gov., and Nan, the last clause refers to pledges which are not used. But Kull. objects that this is contrary to the common practice of the 5'ish/as, and Ragh. refers to Ya^«. II, 58, where it is clearly stated that beneficial pledges only are never lost, M'hile those which are merely kept are lost when the original debt is doubled by unpaid interest. VIII, 149- CIVIL AND CRIMINAL LAW; DEBTS. 279 144. 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. 145. 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). 146. 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). 147. (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. 148. 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. 149. 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 ^S^rotriya are not lost in consequence of (adverse) enjoyment. 144. Vi. VI, 5 ; Yign. II, 59. According to Medh. clothes, &c., are meant ; according to KuU. and Ragh. clothes, ornaments, &c. ; according to Nar. beds and so forth. Nar. thinks that the expression ' the value ' refers to the profit made by the use of the pledge. 1 45. Vi. VI, 7-8 ; Ya^w. 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 ; Ya^il. II, 24. 149. Vas. XVI, 18 ; Gaut. XII, 38-39 ; Yign. II, 25. ' Women,' 28o LAWS OF MANU. VIIT, 150. 1 50. 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. 151. 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). 152. 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. 153. 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.). 150. 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. 151. Gaut. XII, 31, 36; Vi. VI, 11-15; Yzgii. 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. 152. According to Gov. and Nar. this verse entides the money- lender to take five per cent from Aryans, not from ^S'lidras only. 153. 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 Yin, 156. CIVIL AND CRIMINAL LAW ; DEBTS. 28 1 154. 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. 155. 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. 156. 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). Adr/sh/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^itam, ' which has not accumulated,' i. e. ' which is taken for one, two, or three days.' Nar. agrees with the latter view. Kalavr/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, 34-355 notes ; and Colebrooke I, Digest 35-45* 154. Karawa, '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 INIedh. seems to agree, karawa may also refer to a verbal agreement before witnesses. 155. ' Pay,' i. e. promise to pay in the new agreement. 156. Thus Medh., Gov., Kull., and Ragh. But Nar. and Nand. 282 LAWS OF MANU. VIII, 157. 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). 158. 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. 159. 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. 160. 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. 161. On what account then is it that after the death of a surety other than for payment, whose explain ^akravrz'ddhi, ' a contract to carry goods by a wheeled car- riage,' by ' compound interest;' and Medh. on verse 157 mentions this opinion too. 157. 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 Yao-w. II, 38). The others, of course, understand by 'the rate' (vr/ddhi) the carrier's or shipowner's wages. 158-160. Gaut. XII, 42; Vi. VI, 41; Ya^?1. II, 47, 53-54- 159. '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 hke' (Ragh.), or ' a pour-boire and the like' (Gov.). 161. 'Whose affairs are fully known,' i. e. ' the cause for which VITI, i66. CIVIL AND CRIMINAL LAW; DEBTS. 283 affairs are fully known, the creditor may (in some cases) afterwards demand the debt (of the heirs)? 162. 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. 163. 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. 164. 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). 165. A fraudulent mortgage or sale, a fraudulent gift or acceptance, and (any transaction) where he detects fraud, the (judge) shall declare null and void. 166. 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' (Nan, Ragh.). 162. Ala;?iclhana/^, ' 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.). 163. Yagn. II, 32. 164. 'The sale of wife and children, giving away one's whole property, though one may have issue' (Medh.). 166. Vi. VI, 39 ; Yagn. 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. YIII, 167. 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. 168. 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, Manu has declared void. 169. 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. 170. No king, however indigent, shall take any- thing that ought not to be taken, nor shall he. it must be repaid by the members of the family, though they may have separated afterwards. 167. Adhyadhina/^, ' a person wholly dependent,' i. e. ' a servant (Nar.), or ' a slave' (KuU.), or ' the youngest (brother) or one in a similar position' (Ragh.). Gov. reads va instead of api, and for vi/^alayet (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.' 168. Vi. VII, 6 ; Ya^^fi. II, 89. 169. Kulam, 'the judges' (Medh., Gov., KuU.), 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 Brahma«as, &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. 170. Vas. XIX, 14-15. VIIT, 177. CIVIL AND CRIMINAL LAW; DEBTS. 285 however wealthy, decline taking that which he ought to take, be it ever so small. 171. 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. 172. 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. 173. Let the prince, therefore, like Yama, not heeding his own likings and dislikings, behave exactly like Yama, suppressing his anger and con- trolling himself. 174. But that evil-minded king who in his folly decides causes unjustly, his enemies soon subjugate. 175. 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. 176. (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). 177. 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 171. '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. 176. Vi. VI, 19. See above, verses 49-5°- 177. The last clause refers to Brahma«as (Medh., KuU., Ragh.). 286 LAWS OF MANU. VHI, 178. a (debtor) of a higher caste shall pay it gradually (when he earns something). 178. 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. 179. 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). 180. 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. 181. He who restores not his deposit to the depositor at his request, may be tried by the judge in the depositor's absence. 182. 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). 183. If the (defendant) restores it in the manner and shape in which it was bailed, there is nothing 178. Pratyaya, '(other) evidence,' i.e. 'by inference and divine proof (Medh.), or 'by inference, oaths, and so forth' (Gov.), or ' by oaths' (Nar., Nand.). 180. Y^gn. 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. 181. 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. VITI, 189. CIVIL AND CRIMINAL LAW; DEPOSITS. 287 (of that description) in his hands, for which others accuse him. 184. 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. 185. 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. 186. 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 depositor's relatives. 187. 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. 188. 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. 189. (A deposit) which has been stolen by thieves 185. Pratyanantare, 'to a near relative,' i. e. 'to his son, brother, or wife' (Medh.). 187. According to Nar., this verse refers to cases when one beheves 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 anvlM/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. 189. ¥%«. II, 66. 288 LAWS OF MANU. VIII, 190. or washed away by water or burned by fire, (die bailee) shall not make it good, unless he took part of it (for himself). 190. 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. 191. He who does not return a deposit and he w^ho 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). 192. 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). 193. 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. 190. ' 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. 191. Vi.V, 169-17 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 Brahma/ms in particularly bad cases and for a repetition of the offence (Medh., Gov., Kull., Nar., Ragh.). 192. Medh., Gov., and Kull. refer this rule to first offences. Nar. takes avijeshewa, ' 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.' 193. 'By false pretences,' i. e. 'by frightening others with the VIII, 198. deposits; sale without ownership. 289 194. 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. 195. But if anything is delivered or received privately, it must be privately returned ; as the bailment (was, so should be) the re-delivery. 196. Thus let the king decide (causes) concern- ing a deposit and a friendly loan (for use) without showing (undue) rigour to the depositary. 197. If anybody sells the property of another man, without beine 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). 198. 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.). 194. 1. e. the witnesses must be examined regarding it, and their evidence is conclusive. 196. 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. 198. '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).' [25] u 290 LAWS OF MANU. VIII, 199. 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. 200. 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. 201. He who obtains a chattel in the market before a number (of witnesses), acquires that chattel with a clear legal title by purchase. 202. 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). 203. 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. 199. 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). 200. Nand. places this verse after 202. 201-202. Vi.V, 164-166; Yagn. II, 16S-170. 202. Thus Medh., Kull., Nar., and Ragh. (KulL, however, taking jodhita, 'exculpated,' in the sense of nij'/^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 guiUless 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 miilam (mialyam, Nand.) by 'the original (seller).' According to Kull. the buyer receives half the value from the original owner. 203. Yagn. II, 245. ' Concealed,' i.e. 'in a cloth' (Medh., Nar.), or 'in the earth' (Nand.), or 'covered with paint' (Gov., Kull., Ragh.). "VTII, 209. CONCERNING PARTNERS. 29 1 204. 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. 205. 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. 206. 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. 207. 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). 208. 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 ? 209. 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 Udgatr/ the cart, (used) when (the Soma) is purchased. 204. 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. 207. Yagii. 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. 208. Medh. mentions that specific fees are prescribed at the R%a- s^a and similar sacrifices; see Ajv.5"rauta-sutra IX, 3, 14-15; 4,7-20. 209. According to Medh. and Kull. all the three first-mentioned gifts are given according to the precepts of some -Sakhas at the Agnyadhana, the kindling of the fires. But Gov. says that the U 2 292 LAWS OF MA^U. VIII, 210. 210. 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. 211. By the application of these principles the allotment of shares must be made among those men who here (below) perform their work conjointly. 212. 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). 213. 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 suvan^a as an expiation for his theft. 214. Thus the lawful subtraction of a gift has Brahman priest receives a swift horse at the Agnyadhana, and Nar. adds that the Hot;-/ receives a horse at the Gyotish/oma. 210. The four classes of priests, regarding whose functions see Max Miiller, History Anc. Sansk. Lit., p. 468 seqq., are : i. Hotn, Adhvaryu, Brahman, Udgatn; 2. Maitravaruwa, Pratiprasthatr/, Brahma.naM/ia.msm, Prastotr/; 3. A/('^//avaka, Nesh/r/, Agnidhra, Pratihartrz"; 4. Pot;-/, Subrahma;;ya, Gravash/ut, Net;-/. 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. ^Srauta-sutra IX, 4, 3-5. The rule, given in this verse, applies to all ordinary cases. 211. Ya^?l. II, 259, 265. I.e. each is to be paid according to the amount of work which he performs. 212. 'For a pious purpose,' i.e. 'for a sacrifice or a wedding' (Medh.). 213. Sa;;zsadhayet,' 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.). VIII, 220. NON-rAYMENT OF WAGES. 293 been fully explained ; I will next propound (die law for) the non-payment of wages. 215. 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 kr2sh;^alas and no wages shall be paid to him. 216. 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. 217. 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. 218. 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. 219. 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, 220. And having imprisoned such a breaker of an agreement, he shall compel him to pay six 215. Ap. II, 28, 2-3; Vi. V, 153-154; Y%«. II, 193. 'Eight knsh?/alas,' i. e. 'of gold, silver or copper, according to the case' (Medh., Gov.), or 'of gold' (Kull.). 216. I read with Medh., Gov., Nar., Ragh., and K. sudirghasya for sa dirghasya (Kull, Nand.). 219. Vi. V, 168; Y^gn. II, 192. By 'corporations inhabiting a village or district' are meant according to Medh., village com- munities and corporations of merchants, mendicants or monks, ^aturvedis 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. 220. According to others mentioned by Medh, the translation 294 LAWS OF MANU. VIII, 221. nishkas, (each of) four suvan/as, and one i'atamana of silver. 221. A righteous king shall apply this law of fines in villages and castes (^ati) to those who break an agreement. 222. If anybody in this (world), after buying or selling anything, repent (of his bargain), he may return or take (back) that chattel within ten days. 223. 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). 224. 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). 225. 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. 226. 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. 222. Y%w. 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 Yagii. loc. cit.). 224-225. Yagn,l,66. 224. Regarding the blemishes, see above, verse 205. 226. K. omits this verse. YIII, 2^2. RESCISSION OF SALE AND PURCHASE. 295 227. 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). 228. 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. 229. 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. 230. 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). 231. 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). 232. 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). 227 Nand. omits this verse and the next. After the seventh step has been made the marriage cannot be rescinded (Medh., Gov., Kull, N^r.). ^ ^ , 228. I.e. he maybe allowed to rescind a contract for wages and the like within ten days, but not later (Gov., KulL). 2 51. Nand. omits this verse. 232 Vi. V, 137-138; Yigii. 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. 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. 234. 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. 235. 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. 236. 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 responsibilit}^ 237. On all sides of a village a space, one hun- dred dhanus or three ^amya-throws (in breadth), shall be reserved (for pasture), and thrice (that space) round a town. 238. If the cattle do damage to unfenced crops on that (common), the king shall in that case not punish the herdsmen. 239. (The owner of the field) shall make there a hedge over which a camel cannot look, and stop 234. I read with Medh. and Gov. ahkam /-a, 'their particular marks,' instead of ahgani, ' their (other) limbs' (Ragh., Nand., K., and the editions). To judge from the commentary, KuU. must have had the same reading as Medh. and Gov. 235. Vi.V, 137. 237. Yagn. 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. 240. (If cattle do mischief) in an enclosed field near a highway or near a village, the herdsman shall be fined one hundred (pa;/as); (but cattle), unattended by a herdsman, (the watchman in the field) shall drive away. 241. (For damage) in other fields (each head of) cattle shall (pay a fine of) one (pa/^a) 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. 242. 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. 243. 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. 241. '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.). 242. 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. 243. Ap. II, 28, I. 'The husbandman's (own) fault,' i.e. 'if he 298 Laws of manu. viti, 244. 244. To these rules a righteous king shall keep in (all cases of) transgressions by masters, their cattle, and herdsmen. 245. If a dispute has arisen between two villages concerning a boundary, the king shall settle the limits in the month of 6^yaish//^a, when the land- marks are most distinctly visible. 246. Let him mark the boundaries (by) trees, (e.g.) Nyagrodhas, Ai^vatthas, Kbnsukas, cotton - trees, ^Salas, Palmyra palms, and trees with milky juice, 247. By clustering shrubs, bamboos of different kinds, 6amis, creepers and raised mounds, reeds, thickets of Kub^aka ; thus the boundary will not be forootten. 248. Tanks, wells, cisterns, and fountains should be built where boundaries meet, as well as temples, 249. And as he will see that through men's igno- rance of the boundaries trespasses constantly occur in the world, let him cause to be made other hidden marks for boundaries, 250. 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.). 245. Gyaish//;a, i. e. May-June, ' when the grass has been dried up by the heat' (Medh., Kull., Ragh.). 246. Yagii. II, 151. Nyagrodha, Ficus Indica; A^vattha, Ficus Religiosa; K'wisuka., ButeaFrondosa; ^'ala, ShoreaRobusta. 'Trees with milky juice,' i.e. 'Arka (Calatropis Gigantea), Udumbara (Ficus Glomerata), &c.' 247. ^'ami, 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. YIII, 257. BOUNDARY DISPUTES. 299 251. 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). 252. 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. 253. If there be a doubt even on inspection of the marks, the settlement of a dispute regarding boundaries shall depend on witnesses. 254. 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. 255. As they, being questioned, unanimously decide, even so he shall record the boundary (in writing), together with their names. 256. 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. 257. If they determine (the boundary) in the 251. According to Kull.,\vho relies on a passage of B^-haspati, these objects are to be placed in jars. 254. 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). 255 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. °256-26o. Ya^M. 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/^as). 258. 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. 259. 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, 260. (Viz.) hunters, fowlers, herdsmen, fishermen, root-diggers, snake-catchers, gleaners, and other foresters. 261. 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. 262. The decision concerning the boundary-marks of fields, wells, tanks, of gardens and houses depends upon (the evidence of) the neighbours. 263. Should the neighbours give false evidence, 258. 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.' 259. Maulanam, 'original inhabitants,' i.e. 'whose ancestors have lived there since the settlement of the village' (Medh., Gov., Kull., Rdgh.). 260. 'Other foresters,' i. e. 'those who collect flowers, fruit, and fuel' (Medh., Gov., Kull.), or '^abaras and the rest' (Nar.). 262. Vas. XVI, 13-15 ; Yagn. II, 154. 263. Y%n. I, 153. VIII, 270. BOUNDARY DISPUTES ; DEFAMATION. 301 when men dispute about a boundary-mark, the king shall make each of them pay the middlemost amercement as a fine. 264. He who by intimidation possesses himself of a house, a tank, a garden, or a field, shall be fined five hundred (pa;2as) ; (if he trespassed) through ignorance, the fine (shall be) two hundred (pa?^as). 265. 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. 266. Thus the law for deciding boundary (dis- putes) has been fully declared, I will next propound the (manner of) deciding (cases of) defamation. 267. A Kshatriya, having defamed a Brahma/^a, shall be fined one hundred (pa;ms) ; a Vaii-ya one hundred and fifty or two hundred; a ^'udra shall suffer corporal punishment. 268. A Brahmawa shall be fined fifty (panas) for defaming a Kshatriya ; in (the case of) a Vai^ya the fine shall be twenty-five (pa;?as) ; in (the case of) a JS'udra twelve. 269. For offences of twice-born men against those of equal caste (var;/a, the fine shall be) also twelve (pa;^as) ; for speeches which ought not to be uttered, that (and every fine shall be) double. 270. A once-born man (a 6^tidra), who insults a 265. Yagn.ll, 153. 267-277. Ap. II, 27, 14; Gaut.XII, I, 8-14; Vas. IX, 9; Vi. Vj 23-39; Ya^il. II, 204-211. 269. 'Speeches that ought not to be uttered,' i. e. 'insinuations against the honour of another's female relatives, especially mothers and sisters' (^ledh., Gov., Kull, Ragh.), with which the Hindus, like other Orientals, are very ready. 270. The last clause refers, according to the commentators, to the LAWS OF MANU. VIII, 271. twice-born man with gross invective, shall have his tongue cut out ; for he is of low origin. 271. 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. 272. If he arrogantly teaches Brahma;/as their duty, the king shall cause hot oil to be poured into his mouth and into his ears. 273. 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). 274. 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/m. 275. 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;2as). 276. (For mutual abuse) by a Brahma;2a and a origin of the 6'udra 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. 271. I.e. if he says 're Ya^?iadatta,' or 'thou scum of the Brahmawas.' 273. '(Of a caste-fellow),' (Kull., Ragh.), Gov. too states that the rule cannot refer to 6'udras, because the punishment is too light. Medh. explains karma by ' occupation,' and jariram by ' bodily (de- ficiencies),' while the others refer karma ^ariram to a denial of the initiation. 275. 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.). VTII, 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. 277. A Vaii-ya and a ^udra must be punished exactly in the same manner according to their re- spective castes, but the tongue (of the ^'udra) shall not be cut out ; that is the decision. 278. Thus the rules for punishments (applicable to cases) of defamation have been truly declared ;. I will next propound the decision (of cases) of assault. 279. 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. ' 280. 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. 281. A low-caste man who tries to place himself on the same seat with a man of a high caste, shall be branded on his hip and be banished, or (the king) shall cause his buttock to be gashed. 282. If out of arrogance he spits (on a superior), the king shall cause bodi his lips to be cut off; if he urines (on him), the penis ; if he breaks wind (against him), the anus. 277. I.e. if a .Sudra defames a Vaij-ya his tongue is not cut out, but he pays the middlemost amercement. 279-280. Vi. V, 19; Yagn. II, 215. 280. Praharet, ' kicks,' i. e. ' Hfts his foot in order to kick' (Medh., Nar., Nand.). 281. Ap. II, 27, 15; Gaut. XII, 7 ; Vi. V, 20. According to Medh., Gov., Kull., the rule refers to a Brahma«a and a ^udra ; according to Ragh., to the latter and an Aryan ; according to Nar., to a Kshatriya, Vai.yya, or 6'udra ©.flfending against a Brahmawa. 282. Vi. V, 21-22. 304 LAWS OF MANU. VIII, 283. 283. If he lays hold of the hair (of a superior), let the (king) unhesitatingly cut off his hands, like- wise (if he takes him) by the feet, the beard, the neck, or the scrotum. 284. He who breaks the skin (of an equal) or fetches blood (from him) shall be fined one hundred (pa;^as), he who cuts a muscle six nishkas, he who breaks a bone shall be banished. 285. According to the usefulness of the several (kinds of) trees a fine must be inflicted for injuring them ; that is the settled rule. 286. 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). 287. 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). 284. Vi. V, 66-70 ; Y^gn. II, 218. '(Of an equal),' (Medh., Kull., Nand.) According to Ragh., the rule refers to 6'udras assaulting .Sudras. According to Nar., the last offender's property shall be confiscated. 285. Vi. V, 55-59 ; Y^gn. 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 Yagn. loc. cit.). 286-287. Vi.V, 75-76; Yagii.ll, 2ig, 222. 287. Instead of vrawa, 'a wound' (Kull., Nar.), Medh., Gov., Ragh., Nand., and K. read pra«a. 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. 305 288. 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). 289. 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. 290. 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. 291. 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, 292. 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). 293. 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?/as). 294. 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 (pa7/as). 295. But if he is stopped on his way by cattle or 288. ' The goods,' i.e. ' such objects as are not mentioned spe- cially' (Medh., Gov., Kull., Ragh.). 291-295. Yagii. II, 298-299. 291. '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.). 295. There are two readings, aviHrita/?, ' without doubt' (lit. ' not [25] ^ 306 LAWS OF MANU. VITI, 296. by (another) carriage, and he causes the death of any Hving being, a fine shall without doubt be imposed. 296. 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. 297. 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;/as). 298. For donkeys, sheep, and goats the fine shall be five mashas ; but the punishment for killing a dog or a pig shall be one masha. 299. 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, 300. 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. 301. 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. 302. Let the king exert himself to the utmost to considered'), and viHrita^, '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., Nan, and Nand. have, and explains it with them by ' is considered (to be just).' 296. * The same as that of a thief,' i. e. ' he must pay the highest amercement, or 1000 pawas' (INIedh., Gov., Nar., Kull., Ragh., Nand.). 297-298. Vi.V, 50-54. 299-300. Ap. I, 8, 31 ; Gaut. II, 43-44- 300. ' 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. 303. 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. 304. 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). 305. 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). 306. 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. 307. 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; YXgn. I, 335-336, 358; see also below, IX, 252 seqq. 307. ' 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. ^ahghadana (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. 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. 309. 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). 310. Let him carefully restrain the wicked by three methods, — by imprisonment, by putting them in fetters, and by various (kinds of) corporal punishments. 311. For by punishing the wicked and by favouring the virtuous, kings are constantly sancti- fied, just as twice-born men by sacrifices. 312. A king who desires his own welfare must always forgive litigants, infants, aged and sick men, who inveigh against him. 313. 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. Pntibhoga would however denote all ' benevolences,' which usually are called pritidana and are levied on particular occasions. 308. Medh. and Nar. read arakshitaram attaram, ' (a king) who affords no protection, (yet) devours (his subjects and) takes, &c.' 309. Nand. reads at the end of the verse asatyaw ^a nrz'pa?;? 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 ""lopakam), ' rapacious,' means according to Nar., Nand., and Ragh. ' who takes the goods of Brahmawas or injures them.' 310. 'The wicked,' i.e. 'thieves, because the topic (is theft),' (Medh.). 311. ' Twice-born men,' i. e. ' Brahmawas' (Medh., Nar.). VIII, 3T9- THEFT. 309 forgives them not, will for that (reason) sink into hell. 314. A thief shall, running, approach the king, with flying hair, confessing that theft (and saying), 'Thus have I done, punish me;' 315. (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. 316. 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 317. The killer of a learned Brahma;^a throws his guilt on him who eats his food, an adulterous wife on her (negligent) husband, a (sinning) pupil or sacrificer on (their negligent) teacher (or priest), a thief on the king (who pardons him). 318. But men who have committed crimes and have been punished by the king, go to heaven, being pure like those who performed meritorious deeds. 319. He who steals the rope or the water-pot from a well, or damao^es 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, 1-2 ; Yagn. Ill, 257. 314. Medh, and Nand. read instead of dhavata, ' rrnning,' 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 Brahma«a; see also below, XI, 199-201. 317. 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. 319. ' Damages,' i.e. ' takes away the wood belonging to it' (Nar.). 3IO LAWS OF MANIJ. VITI, 320. biited, shall pay one masha as a fine and restore the (article abstracted or damaged) in its (proper place). 320. 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. 32 T. 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. 322. 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. 323. For stealing men of noble familyand especially women and the most precious gems, (the offender) deserves corporal (or capital) punishment. 324. 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.). 320. Vi. V, 12. 'Akumbha is equal to 20 or 22 prasthas of 32 palas each' (Medh.), or 'to 20 drowas 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.). 321. 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. 322. 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. 324. 'The purpose for which the object was destined,' i.e.' whether VIII, 330. THEFT. 31 I 325. For (stealing) cows belonging to Brahma;zas, for piercing (the nostrils of) a barren cow, and for stealing (other) cattle (belonging to Brahma/^as, the offender) shall forthwith lose half his feet. 326. (For stealing) thread, cotton, drugs causing fermentation, cowdung, molasses, sour milk, sweet milk, butter-milk, water, or grass, 327. Vessels made of bamboo or other cane, salt of various kinds, earthen (vessels), earth and ashes, 328. Fish, birds, oil, clarified butter, meat, honey, and other things that come from beasts, 329. 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). 330. For flowers, green corn, shrubs, creepers, trees, and other unhusked (grain) the fine (shall be) five kr/shwalas. weapons were stolen during a combat, or medicines from a very sick man' (Medh., Gov., Ragh.). , , . . , uu 325 Instead of the reading of the editions, ' Mfirikaya^ k^ bhe- dane,' Medh, N^r., Rdgh., Nand, and K. have ' sthurikaya. X'a bhedane,' which is no doubt the correct version, the vulgata bemg caused by a mislecture of the old form of the letter 'tha.' Kull. and Ra^h. explain the phrase in the manner given above, and Gov., who reads ' nasa[si]kaya. k^ 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 usnig for one's purpose) the ox (of another man).' Nar. finally asserts that sthurika means ' a load placed on an ox,' and mterprets the words by ' for cutting open a sack carried by an ox and abstractmg its contents.' 326-331. Vi.V, 83-86. 328. 'Other things that come from beasts,' i. e. ' skms, horns, goro/^ana, &c.' (Gov., Nar., Kull, Ragh.). 329. ' Other things of a similar kind,' i. e. ' red arsenic, red lead, &c.' (Gov., Kull.), or ' other eatables' (Nand.). 330. Gaut.XII, 18. Gov. reads alpeshu, 'for a Utile unhusked 312 LAWS OF MANU. VIII, 33T. 331. For husked grain, vegetables, roots, and fruit the fine (shall be) one hundred (pa^zas) if there is no connexion (between the owner and the thief), fifty (pa;2as) if such a connexion exists. 332. 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. 333. 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). 334. 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 krzsh«alas,' i. e. ' of gold' (Medh.), ' of gold or silver' (Gov., Kull., Ragh.). 331. 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 Nar. agree with the first explanation, Kull, and Ragh. with the second; but see above, verse 198. 332. Yagii. II, 230. Medh. and Nar. place this verse after the next. 333. ' 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. 334. Pratyadejaya, ' in order to prevent (a repetition of the offence),' (Gov., Kull., Ragh.. Nand.), means according to Medh. and Nar. ' in order to deter (others).' YIII,34r. THEFT. 31 -? 335. 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. 336. Where another common man would be fined one karshapa/za, the king shall be fined one thou- sand ; that is the settled rule. 337. In (a case of) theft the guilt of a ^'udra shall be eightfold, that of a Vai^-ya sixteenfold, that of a Kshatriya two-and-thirtyfold, 338. That of a Brshmana. sixty-fourfold, or quite a hundredfold, or (even) twice four-and-sixtyfold ; (each of them) knowing the nature of the offence. 339. (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. 340. A Brahma;za, 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. 341. 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. 335. Yagn. I, 357. 336. 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- mawas (Medh., Gov., KulL), in accordance with IX, 245. 337-338. Gaut. XII, 15-17. 337. 'The guilt' means of course that the offender has to pay a fine in proportion. 339. Ap. I, 28, 3; Gaut. XII, 28; Yagii. II, i66. According to Medh,, Gov., Kull., Nar., and Ragh., the condition is that the things taken were unenclosed. 341. Gaut. XII, 49-50; see also below, IX, 239, 241. 314 LAWS OF MANU. YIII, 342. 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. 343. A king who punishes thieves according to these rules, will gain fame in this world and after death unsurpassable bliss. 344. 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. 345. 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. 346. But that king who pardons the perpetrator of violence quickly perishes and incurs hatred. 347. Neither for friendship's sake, nor for the sake of great lucre, must a king let go perpetrators of violence, who cause terror to all creatures. 348. Twice-born men may take up arms when (they are) hindered (in the fulfilment of) their duties, when destruction (threatens) the twice-born castes (var;za) in (evil) times, 342. ' Takes a slave, &c.,' i. e. ' makes them do his work' (Nar.). The other commentators think of actual theft. 344. 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. I, 18-23 ; Vi. V, 189-192. 348. 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 (sawkara). VTTI,35.'5. ADULTERY. 315 349. 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. 350. 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- mana deeply versed in the Vedas. 351. By killing an assassin the slayer incurs no guilt, whether (he does it) publicly or secretly ; in that case fury recoils upon fury. 352. Men who commit adultery with the wives of others, the king shall cause to be marked by punish- ments which cause terror, and afterwards banish. 353. For by (adultery) is caused a mixtucfi^xtLtbe.^ 1 1^ %„^ castes (var;^a) among men ; thence (follows) sin, ^^ which cuts up even the roots and causes the destruc- tion of everything. 354. A man formerly accused of (such) offences, who secretly converses with another man's wife, shall pay the first (or lowest) amercement. 355. 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. 350. According to Kull. the condition is that one must be unable to save oneself by flight, according to Nar. one must not wound such a man ' excessively.' 351. 'Secretly,' i.e. 'by incantations or spells' (Gov., Nar., Nand.). 353. 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 off'ered, no rain will fall (see above, III, 76), and everything will perish (Medh., Gov., Kull, Ragh.). 354-358. Ap. II, 26, 18-19; Y^gn. II, 284. 3 1 6 LAWS OF MANU. VIII, 356. 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 (sa;?^graha;2a). 357. 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 (sa?;/graha;/!a). 358. 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;;/- graha;2a). 359. A man who is not a Brahma;^a ought to suffer death for adultery (sa;;2graha72a) ; for the wives of all the four castes even must always be carefully guarded. 360. Mendicants, bards, men who have performed the initiatory ceremony of a Vedic sacrifice, and arti- sans are not prohibited from speaking to married women. 356. '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. 358. Nand. says, ' If one touches a woman in a lonely place.' Gov. also mentions this explanation. 359. According to Gov., KuU., Ragh. this rule refers to adultery committed by a 6'udra with a Brahmam (Ragh.) or to the violation of a Brahmam by a 5udra (Gov., KulL). Medh., too, thinks that a ^udra alone is to suffer capital punishment for adultery with an Aryan woman, Nand., finally, says that Kshatriyas, Vaijyas, and 6'(idras are meant, who offend with a female of a higher caste. Possibly the correct explanation of prawantara daw^am, ' 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. 317 361. 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 suvan^a. 362. 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. 363. 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. 564. 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). 365, 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. 361. Ya.gn. II, 285. 362. Baudh. II, 4, 3. I translate kixznz 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. 363. ' 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. Yzgn. II, 288. 365. '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. 3 1 8 LAWS OF MANU. VIII, 366. 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. 367. 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;/as). 368. 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;^as) in order to deter him from a repetition (of the offence). 369. A damsel who pollutes (another) damsel must be fined two hundred (pa/^as), pay the double of her (nuptial) fee, and receive ten (lashes with a) rod. 370. 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. 371. 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 366. 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.). 370. According to Wedh. 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. VIII, 377- ADULTERY. 319 her to be devoured by dogs in a place frequented by many. 372. Let him cause the male offender to be burnt on a red-hot iron bed ; they shall put logs under it, (until) the sinner is burned (to death). ^i^"]^. 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 KdLud^W. 374. A ^'udra who has intercourse with a woman \ of a twice-born caste (var;«a), guarded or unguarded, t . (shall be punished in the following manner) : if she ^ , was unguarded, he loses the part (offending) and all his property ; if she was guarded, everything (even his life). 375. (For intercourse with a guarded Brahma;/i) a Vaii-ya shall forfeit all his property after imprison- , ment for a year ; a Kshatriya shall be fined one • thousand (pa;2as) and be shaved with the urine (of an ass). 376. If a Vai^ya or a Kshatriya has connexion with an unguarded Brahma/^i, let him fine the Vaijya five hundred (pa/^as) and the Kshatriya one thousand. 377. But even these two, if they offend with a 373. 'A Vratya,' i.e. ' the wife of an Aryan who has not been ini- tiated' (Gov., Kull., Ragh.) ; see above, II, 39 ; or ' one hot 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 pawas (Gov., Kull., Ragh.). 374. Ap. II, 26, 20; 27, 9; Gaut. XII, 2-3; Vas. XXI, 5, 5; Baudh. II, 3, 52; Y%7l. II, 286, 294. 'Guarded,' i.e. 'by her husband or relatives' (Medh., Kull., Ragh.). 377. Ap. II, 26, 20; Vas. XXI, 2-3; Yign. II, 286. 'Like a 6'udra,' see verse 374. 320 LAWS OF MANU. VIII, 378. Brahma;^! (not only) guarded (but the wife of an eminent man), shall be punished like a 6'udra or be burnt in a fire of dry grass. 378. A Brahma;/a who carnally knows a guarded Brahma;^! 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. 379. Tonsure (of the head) is ordained for a Brahma;^a (instead of) capital punishment ; but (men of) other castes shall suffer capital punishment. 380. 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. 381. No greater crime is known on earth than slaying a Brahma;^a ; a king, therefore, must not even conceive in his mind the thought of killing a Brahmawa. 382. If a Vai^ya approaches a guarded female of the Kshatriya caste, or a Kshatriya a (guarded) Vai^ya woman, they both deserve the same punish- ment as in the case of an unguarded Brahma;/a female. 383. A Brahma;2a shall be compelled to pay a fine of one thousand (pa;^as) if he has intercourse with guarded (females of) those two (castes) ; for (offending with) a (guarded) KS'udra female a fine of one thousand (pa/zas shall be inflicted) on a Ksha- triya or a Vai^ya. 384. For (intercourse with) an unguarded Ksha- triya a fine of five hundred (pa;^as shall fall) on a 382. According to the commentators the rule of verse 376 applies. VIII, 390. MISCELLANEOUS RULES. 32 1 Vaij-ya ; but (for the same offence) a Kshatriya shall be shaved with the urine (of a donkey) or (pay) the same fine. 385. A Brahma;/a who approaches unguarded females (of the) Kshatriya or Vai^ya (castes), or a ^'udra female, shall be fined five hundred (pa^^as) ; but (for intercourse with) a female (of the) lowest (castes), one thousand, 386. 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 6akra (Indra). 387. The suppression of those five in his domi- nions secures to a king paramount sovereignty among his peers and fame in the world. 388. 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). 389. 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). 390. If twice-born men dispute among each other 385. 'A female of the lowest castes,' i.e. 'a K'^yid^W (Gov., Kull., Ragh.), or ' belonging to the castes of washermen, leather-workers, actors, basket-makers, fishermen, Medas, or Bhillas ' (Nar.). 386. Vi. V, 196. 388. 'An officiating priest,' i. e. * one who has sacrificed for his family since many generations' (Gov., Nar.). 389. Vi. V, 163; Ya^fi. II, 237. ' Shall not be cast off,' i. e. ' shall not be refused maintenance or the due respect' (Medh., Gov., Kull.). 390. 'Of the orders,' i.e. 'of the four orders' (Nar., Ragh.), or 'of the householders' (Gov., Kull.). Medh. and Nand. take a^rama. [25] Y 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. 391. Having shown them due honour, he should, with (the assistance of) Brahma;2as, first soothe them by gentle (speech) and afterwards teach them their duty. 392. 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;2as are entertained, is liable to a fine of one masha. 393. A .S'rotriya who does not entertain a virtuous ^Srotriya 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). 394. 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 ^'rotriyas, 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.' 392. Vi. V, 94; Yign. II, 263. 'A festival,' i. e. ' a wedding and so forth' (Medh.), or 'at which a dinner is given' (Nand.). Anuvej-ya, '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 prativej-ya. ' Twenty,' i.e. ' twenty or more other Brahmawas' (Gov.). 'A masha,' i. e. ' of silver' (Gov., Kull., Ragh.), or ' of gold' (Medh., Nar.). 393. '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.' A 394. Ap. II, 26, 10-15; ^as. 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. 323 395. Let the king always treat kindly a ^'rotriya, 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). 396. A washerman shall wash (the clothes of his employers) gently on a smooth board of K^almali- wood ; he shall not return the clothes (of one person) for those (of another), nor allow anybody (but the owner) to wear them. 397. 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;^as). 398. 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. 399. 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. 396. Yagn. II, 238. ^almali, or cotton-tree wood, is naturally soft (Medh.). 397. Yagii. II, 179. Instead of 'twelve (pa«as),' (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^aphalam and ekaphaladhikam, and says that the weaver is to pay to the king the profit of each eleventh piece of work which he performs. 398. Yagii. II, 261. Instead of ' of that (amount),' (Medh., Nar.), Gov., Kull., and Ragh. say ' of the profit on that.' 399. Yagn.ll, 261. Medh. gives as instances of monopolies, elephants ; in Ka^mir, 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. 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. 401. 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. 402. Once in five nights, or at the close of each fortnight, let the king publicly settle the prices for the (merchants). 403. All weights and measures must be duly marked, and once in six months let him re-examine them. 404. At a ferry an (empty) cart shall be made to pay one pa.ua., a man's (load) half a pa;m, an animal and a woman one quarter of a (pa/^a), an unloaded man one-half of a quarter. 405. 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. 400. Yagri. II, 262. 'At an improper time,' i.e. 'at night and so forth' (Medh., Gov., Nar., Kull., Ragh.). 402. Yagii. 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. 403. Vas. XIX, 13. 405. ' Empty vessels,' i. e. such as serve for the transport of merchandise, jars, leather-bags, baskets, &c. Apa.nU'/i3.da./i, ' men without luggage,' may also be translated ' men widiout attendants.' Kull. and Ragh. say, 'poor men.' VIII, 412. MISCELLANEOUS RULES. 325 406. 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). 407. But a woman who has been pregnant two months or more, an ascetic, a hermit in the forest, and Brahma;/as who are students of the Veda, shall not be made to pay toll at a ferry. 408. 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. 409. 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). 410. (The king) should order a Vaii^ya to trade, to lend money, to cultivate the land, or to tend cattle, and a ^'iidra to serve the twice-born castes. 411. (Some wealthy) Brahma;^a shall compassion- ately support both a Kshatriya and a Vai^-ya, if they are distressed for a livelihood, employing them on work (which is suitable for) their (castes). 412. 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). 407. Vi. V, 132. According to Medh., heterodox monks must pay, because the word Brahmawa (taken above with students) refers to all the persons mentioned. 408. 'Whatever,' i.e. 'merchandise' (Medh., Nar.), or 'luggage' (Gov., KuII., Ragh.). 411. I.e. he shall employ a poor Kshatriya as watchman, and a Vaijya as herdsman (Medh.). If he employs them in this way, he is not punishable (Gov., KulL). 326 LAWS OF MANU. YIII, 413. 413. But a 5'iidra, whether bought or unbought, he may compel to do servile work ; for he w^as created by the Self-existent (Svayambhu) to be the slave of a Brahma/^a. 414. A ^'udra, though emancipated by his master, is not released from servitude; since that is innate in him, who can set him free from it ? 415. 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. 416. 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.). 414. 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 ^udra must still serve Brahmawas or other Aryans in order to gain spiritual merit. 415. Medh. rejects the notion that a captive Kshatriya can be made a slave, and thinks that a captured ^iadra must be meant ; but see Yagn. II, 183, where it is laid down that Kshatriyas may become the slaves of Brahmawas and Vaijyas of Brahma7/as and Kshatriyas. Nar. explains dhva^ah/vtayi, ' 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.) 416. 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/t/^/^awti parakarmakara- wadina) 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. 327 417. A Brahma?/a may confidently seize the goods of (his) 6'^ syat, ' he, i.e. the bridegroom, will be a thief.' 93. Medh. says that this verse, according to • some,' does not belong to Manu (ke/(nd ahuk amanavo 'ya.m jloka>^). 344 LAWS OF MANU. IX, 94. 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. 94. 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. 95. 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. 96. 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 wdth the wife. 97. 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. 94. 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.). 95. ' From the gods,' i. e. ' from those mentioned in the Mantras recited at the wedding, e. g. from Bhaga, Aryaman, Savitn, &c.' (Kull., Ragh.), or ' from Agni' (Nar.), or ' from Soma, the Gan- dharva, and Agni' (Medh., Nand.). Medh. reads vindetani/^-X'/zaya, ' shall wed without a wish on his part,' but mentions the other reading, vindate neM/^aya, too. According to Medh., Kull., and Ragh., a faithful wife must be supported, even if she does not love her husband. 97. ' His brother,' i. e. ' his full brother, who is even (as) the deceased himself (Nar.). Regarding the nuptial fee, and the IX, I04. DUTIES OF HUSBAND AND WIFE. 345 98. Even a ^'iidra 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). 99. 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 ; 100. 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. lO'i. ' Let mutual fidelity continue until death,' this may be considered as the summary of the highest law for husband and wife. 102. Let man and woman, united in marriage, constantly exert themselves, that (they may not be) disunited (and) may not violate their mutual fidelity. 103. 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. 104. 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 vm, 204. 99. Nand. places this verse after the next. 104. Gaut. XXVIII, i; Baudh. II, 3, 8; Y^gii. 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) 34^ LAWS OF MANU. IX, 105. 105. (Or) the eldest alone may take the whole paternal estate, the others shall live under him just as (they lived) under their father. 106. 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. 107. 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. 108. 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). 109. 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.). 105. 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.). 106. Regarding the debt, see Vas. XI, 48. 107. This verse alludes to the Vedic text quoted, Vas. XVII, i ; Vi.XV, 45. 108. 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, 114. 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. 111. Either let them thus Hve together, or apart, if (each) desires (to gain) spiritual merit; for (by their living) separate (their) merit increases, hence separation is meritorious, 112. 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. 113. 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. 114. 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. 'like a maternal or paternal uncle' (Medh., KulL, Ragh.); see also below, verse 213. 111. 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., KuU.). 112. Gaut. XXVIII, 5-7; Baudh. II, 3, 9; Vi. XVIII, 37; Yagn. 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. 113. 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.). 114. Gaut. XXVIII, 11-13; Baudh. II, 3, 6. '(Even a single chattel) which is particularly good,' i.e. 'a dress or an orna- ment' (INIedh.), or ' something impartible like an idol ' (Nand.). 1 48 LAWS OF MANU. IX, 115. 115. 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. 116. 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. 1 1 7. 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. 118. 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^ijnam, instead of da-fatam. 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. 115. 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. 116. Gaut. XXVIII, 8. 117. 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. 118. Vi. XVIII, 35; Y%ft. II, 124. According to all the com- IX, 120. INHERITANCE. 349 119. 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. 120. 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 Brahma;m 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/z svabhyas tu kanyabha/z, ' 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. 119. 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.). 120. 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. 12 1. 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). 122. 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, 123. (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 Uke sons and with sons; see also below, verse 186. 121. 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).' INIedh. has a similar explanation, '(To say) that the substitute (i.e. the Kshetra^g^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 Kshetra^a) in accord- ance (with the law declared above).' 122. 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. 123. Gaut. XXVIII, 14. IX, 126. INHERITANCE. 35 1 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. 124. 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. 125. 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. 126. And with respect to the Subrahma;2ya (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. 124. 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' (Nan). 125. 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. 126. The Subrahmawya texts contain an invitation, addressed to Indra, to partake of the Soma ; see Aitareya-brahma^u VI, 3. Nand. reads yamayoj /^aikagarbhe 'pi. 352 LAWS OF MANU. IX, 127. 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.' 128. According to this rule Daksha, himself, lord of created beings, formerly made (all his female offspring) appointed daughters in order to multiply his race. 129. He gave ten to Dharma, thirteen to Ka^- yapa, twenty-seven to King Soma, honouring (them) with an affectionate heart. 1 30. 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 ? 131. 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. 127. Gaut. XXVIII, 18; Vas. XVII, 17; Baudh. II, 3, 15; Vi. XV, 5. 128. The story of Daksha's fifty, sixty, or twenty-four daughters occurs in the Mahabharata and the Purawas. The twenty-seven given to King Soma, the moon, are the lunar mansions or Nakshatras. 130. 'A son is even (as) oneself;' see the verse quoted, Baudh. II, 3, 14. The commentators state that the word duhita, ' 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 (?). 131. 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. ^53 132. 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. 133. 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). 1 34. 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. 132. Medh. mentions a var. lect., 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. 133- Ya^«. II, 128. Loke dharmata/^, 'neither with respect to worldly affairs nor to sacred duties '(KuU.), means according toRagh. and Nand. 'with respect to sacred duties, according to the law.' 135. '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. 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. 137. 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. 138. 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. 139. 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. 136. Kull. explains akrz'ta va krz'ta 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,' 137. Vas. XVII, 5; Vi. XV, 46; Yagii. I, 78. 'The worlds,' i. e. ' the ten, called viroka (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). 138. Vi. XV, 44. 139. Vi. XV, 47. According to Medh. and Kull., dauhitra-^, ' the TX, 142. INHERITANCE. 355 140. 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. 141. 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. 142. 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, 'Hke a son;' Gov. purva^an, '(and) the ancestors.' 140. Baudh. n, 3, 16. Medh. mentions a var. lect, pitus tasya, ' the second to his father,' which he, however, justly considers to be bad. 141. Vas. XV, 9-10; Baudh. Parijish/a i6. 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, Hke 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/z, ' shall take the inheritance, (provided) the (adoptive father) has no son.' 142. 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 Dvyamushyaya^za.' A a 2 356 LAWS OF MANU. IX, 143. 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. 144. 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. 145. 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. 146. 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). 147. If a woman (duly) appointed bears a son to her brother-in-law or to another (Saprnda), that (son, if he is) begotten through desire, they declare (to be) incapable of inheriting and to be produced in vain. 148. 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 144. 'The rule (given above),' i.e. that given above, verse 60. Nand. omits this verse. 145. 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 120) 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. 146. '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). 149. 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;^a (son), and one most excellent share. 151. Let the son of the Brahmam (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 ^'udra may take one share. 152. Or let him who knows the law make ten shares of the whole estate, and justly distribute them accordingr 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^o^JI. II, 125. 150. 'The ornaments,' i. e. ' the ring which the father used to wear, and the Uke' (Medh., Kull.). ' The house,' i. e. ' the principal mansion' (Medh., Kull., Ragh.). Ekama^ /^a pradhanata/z, ' 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 utkr/sh/ad ity artha/z), 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. 151. Medh. and Kull. remark that the rule holds good also if there are more sons than one in each class. 152. 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 Brahmam possesses good qualities, the second when he is destitute of them. 358 LAWS OF MANU. IX, 153. 153. The Brahma;2a (son) shall take four shares, the son of the Kshatriya (wife) three, the son of the Vai^ya shall have two parts, the son of the KSudra may take one share. 154. Whether (a Brahma;/a) 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 ^'udra (wife) no more than a tenth (part of his estate), 155. The son of a Brahma/^a, a Kshatriya, and a Vai^ya by a ^'udra (wife) receives no share of the inheritance ; whatever his father may give to him, that shall be his property. 156. 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. 157. For a ^'{idra 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. 153. Medh. points out that according to other Smn'tis the Brah- ma«a son alone receives land, given to his father, and that the iSudra son receives no share in land, if there is other property. 154. Hence on failure of other sons the other heirs, the Sapindas (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. 155. The son of a ^udra 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 Sixdrsi wife cannot claim any fixed portion of the inheritance from his father who divides his estate. 156. Medh., Gov., and K. read va, 'or,' instead of ye (^ata^), but this gives no good sense, as Medh. remarks. IX, i62. INHERITANCE. 359 158. 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, 159. 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. 160. 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 ^'udra female, (are) the six (who are) not heirs, (but) kinsmen. 161. 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. 162. If the two heirs of one man be a legitimate 158-159. Gaut. XXVIII, 31-33; Vas. XVII, 25, 38; Baudh. II, 3, 31-32. 158. Le. 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 adayadabandhava/^ 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. 161. 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. 162. According to Medh. and Gov. (quoted by Kull. and Ragh.), '7,60 LAWS OF MANU. IX, 163. J son of his body and a son begotten on his wife, each (of the two sons), to the exckision of the other, shall take the estate of his (natural) father. 163. 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. 164. But when the legitimate son of the body divides the paternal estate, he shall give one-sixth or one-fifth part of his father's 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., KuU., 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_o-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 tlie share of his father.' 163-165. Vi. XV, 28-30; Yzgii. II, 132. 163. 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' (INIedh., Kull.) ; but not, if they have other means of subsistence (Nand.). 164. This rule refers to the case where a Kshetra^a was begotten before the legitimate son, and received no property from his natural father (Rngh.); see also Kull/s notes on verses 162-163. According IX, i68. INHERITANCE. 36 1 165. 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). 166. 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. 167. 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). 168. 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.). 165. Vas. XVII, 39. Gotrarikthawwabhagina/^, '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 awjabhagina/i, ' they share,' is to mean ' they obtain (such) a share (as will suffice for their maintenance).' 166. Ap. II, 18, 1 ; Vas. XVII, 13 ; Baudh. II, 3, 14 ; Vi. XV, 2 ; Y2ign. 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 KuU.'s opinion as that of ' others.' 167. Vas. XVII, 14 ; Baudh. II, 3, 18 ; Vi. XV, 3 ; Ya^fi. I, 69, II, 127-128. 168. Vas. XVII, 29; Baudh. II, 3, 20; Vi. XV, 18-19; Yign. ?62 LAWS OF MANU. IX, 169. 3 with (a libation of) water, in times of distress (to a man) as his son, must be considered as an adopted son (Datrima). 169. But he is considered a son made (Kmrima) 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 (GCidhotpanna), and shall belong to him of whose wife he was born. 171. 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 mala pita ka., ' 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.). 169. Baudh. II, 3, 21; Ya^fi. 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/C'aksha«a/^, and refer the adjective to the adopter, who is thereby warned not to take an outcast or the like. 170. 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. 171. Vas. XVII, 37; Baudh. II, 3, 23; Vi. XV, 24-25; Yagii. ■m IX, 176. INHERITANCE. 36 -> 1 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). 173. 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 (Saho^//a). 174. 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 (Kritaka). 175. 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). 1 76. 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.). 172. Vas. XVII, 22-23 ; Baudh. II, 3, 24 ; Vi. XV, lo-ii ; Yagn. II, 129. 'Provided the lover was of equal or higher caste ' (Nar.). 173. Vas. XVII, 26-27; Baudh. II, 3, 25 ; Vi. XV, 15-16; Yagn. II, 131. Medh.'s commentary on verses 173-178 is missing in the I. O. copies. 174. Vas. XVII, 30-32 ; Baudh. II, 3, 26; Vi. XV, 20-21 ; Yagii. 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.' 175. Vas. XVII, 18; Baudh. II, 3, 27; Vi. XV, 7-9; Yagn. II, 130. 176. Vas. XVII, 74. 'Hence a re-married woman, who is not a 364 LAWS OF MANU. IX, 177. 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- ya;;2datta). 178. The son whom a Brahma;/a begets through lust on a ^'ildra female is, (though) alive (parayan), a corpse (i-ava), and hence called a Para^'ava (a living corpse). 179. A son who is (begotten) by a 6'udra 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. 180. 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. 181. 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 Yao-fi. II, 130, expresses the contrary view, and thinks that the word va, ' or,' at the end of the first half-verse, permits the insertion of or not a virgm. 177. Vas. XVII, 33-35; Baudh. II, 3, 28; Vi.XV, 22-23; Y%«,. II, 131. 178. Vas. XVII, 38; Baudh. II, 3, 30; Vi. XV, 27. 'On a ^udra-female ' i. e. 'one married to him' (KulL). The designation ' a corpse ' indicates that his father derives imperfect benefits from his off'erings (Kull., Nar., Ragh.), or that he is blameable (Ragh.). The term Brahmawa includes Kshatriyas by implication (Nar.). 179. Yagri. 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 Ya^?l. (Medh.). 180. 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.' 181. 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). 182. If among brothers, sprung from one (father), one have a son, Manu has declared them all to have male offspring through that son. 183. 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. 184. 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. 185. 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 (Medli.), or an appointed daughter (Kull.). 182. 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. II, 135). 183. Vas. XVII, 11; Vi. XV, 41. Hence no adoption or other substitution (Kull, Ragh.), or no appointment (Nar.), shall be made in such a case. 184. '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 Vaijya 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.), 185. 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, i86. 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). 187. Always to that (relative within three de- grees) who is nearest to the (deceased) Sapi;^rt^a 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 hy Yagn. 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. 186. ' 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.' 187. 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-^ sapiwr/at can mean any- thing else than ' nearest to the Sapiwrt'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«r/a-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 Sapi«^/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 sapiwfl'at for sapiwf/amadhyat, ' among the Sapiw^as.' The correctness of the above explanation is also attested by the closely allied parallel passage of Baudhayana I, 11, 9-13, the first Siitra 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 (7imutavahana 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 Sapiw^as 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 Sapinda. who is the nearest among the Sapi«^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: i. 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 Kshetra^a and the other ten subsidiary sons, each on failure of the earlier named, with the proviso that the son of a vSudra 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 Sapi/i^/a, (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; 13. the pupil. According to Kull. the translation should be, 'To the nearest among the Sapi«^ iti and explains it by 'since (the division) has not been made by the father.' 206. Ya.gn. 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., Nan), 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. 375 207. 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. 208. 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). 209. 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 Yagn. 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. 207. 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. 208. Ya.gn. 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' (^rama^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 witliout 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 abihty {pmvam sarveshu yathasa- marthyam ihamaneshu bhratnshu labdhasya samavibhaga ukti ity avirodho 'nusa;«dheya//). 209. Yagoi. II, 119 ; Vi. XVIII, 43. The translation of paitrz- kam, lit. ' paternal,' by ' ancestral,' is based on Nar.'s gloss svapitr;- 376 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). 210. 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. 211. 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). 212. 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 pitr/pitamahadisambandhi. The latter refers also to the parallel passage of Ya^ft. Anavaptam, ' lost,' means literally ' not obtained (by his father).' The translation of svayamar^itam by 'for it is self-acquired' agrees with Nand.'s remark, svayamar^itatvad ity artha/z. 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^»l. 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. 210. Vi. XVIII, 41. 211. '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 Br/haspati, Colebrooke V, Digest CCCCVII, 2). ' What is to be done with the share is shown in the next verse' (Medh., Nar., Ragh., Nand.). •212. Vi. XVII, 17; Gaut. XXVIII, 21; Ya^-f*. II, 138. The IX, 214. INHERITANCE. 377 213. 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. 214. 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: i. 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 apratla^) — married sisters (pravr/tta//, MSS. for pradatta/2) 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 Br/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. 213. ' 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 (vagda«c/adhig- daw^abhyam) or by a fine as the case may require' (Medh.). 2 1 4. Ap. II, 1 4, 1 5 ; Gaut. XXVIII, 40 ; Baudh. II, 3, 38. ' Who 3/8 LAWS OF MANU. IX, 215. 215. If undivided brethren, (living widi dieir father,) together make an exertion (for gain), the father shall on no account give to them unequal shares (on a division of the estate). 216. 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, 217. 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 Uke' (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' (kanishZ/^ebhyas tavad adattva, Nar.). 215. Yagii. 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- thanaw sambhuyavawi^yadina vittar^anam, Nar.). 216. Gaut. XXVIII, 29 ; Vi. XVII, 3 ; Ya^^f^. II, 122. 217. Vi. XVII, 7; Yag7i. 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 2x8. 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. 219. 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. 218. Yagfi. 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. 219. Gaut. XXVIII, 46-47 ; Vi. XVIII, 44. Instead of pattram, ' 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.' Stviya/i, ' 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 Y\gn3.nesva.v3, (Colebrooke, Mit. I, 4, 23), and adopted by Haradatta and Nandapaw^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 Vi^ilane^'vara 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 Smn'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 : i. '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. -jSo laws of MANU. IX, 220. o 220. 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. 221. Gambling and betting let the king exclude from his realm ; those two vices cause the destruc- tion of the kingdoms of princes. 222. Gambling and betting amount to open theft; the king shall always exert himself in suppressing both (of them). 223. 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). 224. Let the king corporally punish all those (persons) who either gamble and bet or afford (an and Ragh., which latter reads, however, yogakshemapra/^aram); 3. ' means of gaui, i. e. a grant and the like, received from a king and the like, and gained by oneself, and means of protection' (prakare /('a 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.). PraHra, '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 ; Gaut. XXV, 18 ; Baudh. II, 2, 16 ; Ysign. II, 199-203. In the I. O. MSS. Medh.'s commentary on verses 221-227 is missing. 224. Yign. II, 304. ' The distinctive marks of twice-born men,' IX, 228. GAMBLING AND BETTING. 38 1 opportunity for it), likewise ^'udras who assume the distinctive marks of twice-born (men). 225. Gamblers, dancers and singers, cruel men, 1 ._y^ men belonging to an heretical sect, those following 1 [ forbidden occupations, and sellers of spirituous liquor, v let him instantly banish from his town. 226. If such (persons who are) secret thieves, dwell in the realm of a king, they constantly harass his good subjects by their forbidden practices. 227. 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. 228. 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.). 225. 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' (keluilan), and K. /('oran, 'thieves.' Sauw^ikan, ' distillers or sellers of spirituous liquor' (Kull., Nar.), may also mean ' drunkards,' as Nand. explains it, 226. Instead of ' who are secret thieves' (Kull.), Nar. says, 'and secret thieves.' Badhante, 'harass' (Kull.), means according to Nar., Ragh., and Nand. ' corrupt.' 227, Nar, explains purakalpe, 'in a former Kalpa,' by 'in the ancient stories,' and Ragh, and Nand. point to the adventures of king Nala and YudhishMira, which, no doubt, are alluded to in the text. 228, 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. 229. But a Kshatriya, a Vaii-ya, and a 6'udra who are unable to pay a fine, shall discharge the debt by labour ; a Brahma/^a shall pay it by instalments. 230. 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. 231. 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. 232. 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. ^33' Whenever any (legal transaction) has been completed or (a punishment) been inflicted according to the law, he shall sanction it and not annul it. 229. Yagii, II, 43. Compare the rule given at VIII, 177. 230. .S'ipha, ' 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.' 231. 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 Vaii'eshikas hold, its nature. Ac- cording to Medh., 'others' read ye 'niyuktas tu, and referred the verse to non-oflicial persons meddling with administrative or judicial business. 232. Y3.gn. II, 240; Vi. V, 9, II. 233. 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 anujish/a. He adduces a verse of Katyayana, according to which the former means ' a cause or IX, 237- MISCELLANEOUS PUNISHMENTS. 38 ') 234. Whatever matter his ministers or the judge may settle improperly, that the king himself shall (re-)settle and fine (them) one thousand (pa7^as). * 235. The slayer of a Brahma;^a, (a twice-born 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). 236. On those four even, if they do not perform a penance, let him inflict corporal punishment and fines in accordance with the law. 237. For violating a Guru's bed, (the mark of) a female part shall be (impressed on the forehead with a hot iron); for drinking (the spirituous liquor 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.' 234. Yign. 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 pa«as being the lowest punishment. 235-242. Baudh. I, 18, 18; Vi. V, 3-7. 235. Instead of '(a twice-born man) who drinks the spirituous liquor, &c.' (Kull, Nar.), INIedh. and Ragh. say, ' a Brahmawa who, &c. ;' but see below, XI, 94. 236. Medh. remarks that 'others' refer this rule, on account of the word api, ' even, hkewise,' 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. 237. ' 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. 384 LAWS OF MANU. IX, 238. 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. 239. 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, 240. 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 hig^hest amercement. 241. For (such) offences the middlemost amerce- ment shall be inflicted on a Brahma;za, or he may be banished from the realm, keeping his money and his chattels. 242. 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. 238. Medh. reads asawyqo-ya^^ ' excluded from all intercourse,' instead of asa7«ya^ya>^, ' excluded from all sacrifices.' 240. ' 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. 241. 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. 242. The translation follows Nar. and Nand., who think that persons, performing no penance, shall be deprived of their whole IX, 247- MISCELLANEOUS PUNISHMENTS. 385 243. 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). 244. 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 Brahmaf^a. 245. Varu;?a is the lord of punishment, for he holds the sceptre even over kings ;/^a Brahma;/a who has learnt the whole Veda is the lord of the whole world. ^■ 246. In that (country), where the king avoids taking the property of (mortal) sinners, men are born in (due) time (and are) long-lived, 247. 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 pawas 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 6'ijdra who offends unintentionally, shall be branded and be deprived of his whole property, else he shall be put to death. 244. Ya^w. II, 307. 245. Varuwa is the supreme ruler (adhira^a) of kings; see Taittiriya-brahmawa III, i, 2, 7. Regarding the position of a learned Brahmawa, see above, I, 98-101. 246. 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 ;86 LAWS OF MANU. IX, 248. 248. But the king shall inflict on a base-born (^'udra), who intentionally gives pain to Brahmawas, various (kinds of) corporal punishment which cause terror. 249. 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). 250. Thus the (manner of) deciding suits (falling) under the eighteen titles, between two litigant parties, has been declared at length. 251. 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. 252. 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. 253. By protecting those who live as (becomes) Aryans and by removing the thorns, kings, solely intent on guarding their subjects, reach heaven. 254. The realm of that king who takes his share 248. See above, VIII, 279-284. Though all the commentators take avara^aw in the sense of ' a base-born 5udra,' 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.' 249. See above, VIII, 19, 310-311, 317. 250. ' This verse is the conclusion of the section on the eighteen titles of the law' (IMedh.), 'and now follows a supplement on the duties of a king' (Nar.). 252. 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. 255. But if his kingdom be secure, protected by the strength of his arm, it will constantly flourish like a (well)-watered tree. 256. 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. 257. Among them, the open rogues (are those) who subsist by (cheating in the sale of) various marketable commodities, but the concealed rogues are burglars, robbers in forests, and so forth. 258. Those who take bribes, cheats and rogues, gamblers, those who live by teaching (the per- formance of) auspicious ceremonies, sanctimonious hypocrites, and fortune-tellers, 258. Aupadhika/2/ 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 ' 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.' Va«/Jaka/z, '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' (rasaw? vidya7« [rasavidyaya] tamradi ra^atadirupe«a dar^ayitva suvar«adikaw gr/hwanti, Ragh., Kull), or 'men who take money on false pre- tences ' (Nar.). Mahgaladcravrzlta/^, ' 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 ' (mahgalastutipa//;o vmta;« /^arita7« yesham), and Medh. proposes a similar alternative expla- nation. Medh. reads bhadraprekshawikai/z saha, and explains the compound by ' eulogists ' (pra.ya/;2sikapurushalaksha«a//). Nar. explains ikshawika/;, ' fortune-tellers,' by ' actors and jugglers.' C C 2 388 LAWS OF MANU. IX, 259. 259. Officials of high rank and physicians who act improperly, men living by showing their pro- ficiency in arts, and clever harlots, 260. 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). 261. 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. 259. 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.' iSilpopa/^arayukta/^, ' 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 i'ilpopakarayukta//, 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- yakkari?ia//, ' who act improperly,' must be taken with all the four classes of persons enumerated. 260. 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^aniyat, ' let him know (to be),' in the sense of ' let him discover (through spies).' 261. 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 IV, 268. DUTIES OF A KING. 389 262. 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. 263. For the wickedness of evil-minded thieves, who secretly prowl over this earth, cannot be 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, 265. Old gardens, forests, the shops of artisans, empty dwellings, natural and artificial groves, 266. 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. 267. 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. 268. Under the pretext of (offering them) various dainties, of introducing them to Brahma;^as, 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 anekasa?;/sthanai//, ' 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. 267. 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. 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 connexions. 270. 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. 271. 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. 272. 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). 273. 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. 269. Mulapra«ihita/^, ' 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. 271. Bha«fi^avakajada^, '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.' 272. The commentators take samantan, 'his vassals,' in its etymological sense of 'neighbours.' But it has here no doubt the usual technical meaning. 273. According to the commentators officiating priests and other Brahma«as are meant, who subsist by obtaining alms on the strength of their piety. IX, 278. DUTIES OF A KING. 39 1 2 74. Those who do not give assistance according to their abihty 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. 275. On those who rob the king's 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. 276. 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. 277. 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. 278. Those who give (to thieves) fire, food, arms, or shelter, and receivers of stolen goods, the ruler shall punish like thieves. 274. Vi.V, 74. Instead of hitabhahge, ' when an embankment is destroyed ' (Kull., editions), Ragh. reads hi^abhange, and Gov. as well as Nand. i^abhange with the same explanation. Nar. has ta^, ' As men are bound by Varuwa with Varu?/a's fetters.' The expression ' the fetters of Varuwa ' is a common designation of dropsy. 310. Nar. adds, 'As the fire at an ordeal injures wicked men, even so he should destroy wicked neighbours.' 312. '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. 313. 'Let him not provoke Brahma/zas to anger,' i. e. 'by taking iheir 398 LAWS OF MANU. IX, 314. when angered, could Instantly destroy him together with his army and his vehicles. 314. 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 ? 316. What man, desirous of life, would injure them to whose support the (three) w^orlds and the gods ever owe their existence, and whose wealth is the Veda ? 317. A Brahma;2a, 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. 318. 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.). ' They could destroy him,' i. e. ' by magic rites and curses' (Kull.). 314. This verse refers to certain stories, told, as Medh. and Nar. point out, in the section of the Mahabharata, called Moksha- dharma/^ XII, 344, 55, 57-58, 60-61. There it is said that Bh/vgu 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. 315. This verse also contains allusions to the INIahabharata. Vijvamitra 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 Mawa'avya cursing Yama (Mahabharata I, 108, 16), and causing him to be born as a ^Sudra. 316. See above, I, 93-95. IX, 323. DUTIES OF A KING. 399 319. Thus, though Brahma;ms employ them- selves in all (sorts of) mean occupations, they must be honoured in every way ; for (each of) them is a very great deity. 320. When the Kshatriyas become in any way overbearine towards the Brahma;;as, the Brahma;/as themselves shall duly restrain them ; for the Ksha- triyas sprang from the Brahma;/as. 321. 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. 322. Kshatriyas prosper not without Brahma;/as, Brahma;^as prosper not without Kshatriyas ; Brah- ma^/as and Kshatriyas, being closely united, prosper in this (world) and in the next. 323. 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. 321. 'Fire sprang from water, thus speak the Paurawikas' (Nand.); '(that origin is) visible in the case of lightning and in that of the (submarine) Vaa'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 Paurawik story, according to which the Brahmawas produced with the Ksha- triya females a new Kshatriya race after the destruction of the second var«a by Para^urama. 322. Gaut. XI, 14 ; Vas. XIX, 4. 323. 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. Vikramahka>^arita IV, 44-68, 400 LAWS OF MANU. IX, 324. 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. 325. 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 Vaii"yas and ^'udras. 326. After a Vaii"ya 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. 327. For when the Lord of creatures (Pra^apati) created cattle, he made them over to the Vaii-ya ; to the Brahma;za, and to the king he entrusted all created beings. 328. A Vaij"ya must never (conceive this) wish, ' I will not keep cattle ;' and if a Vaii"ya is willing (to keep them), they must never be kept by (men of) other (castes). 329. (A Vai^ya) must know the respective value of gems, of pearls, of coral, of metals, of (cloth) made of thread, of perfumes, and of condiments. 330. 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. 331. 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. 332. He must be acquainted with the (proper) 326. Regarding the 'business wheieby a Vaijya may subsist,' see below, X, 77-78. X, I. TIMES OF DISTRESS, MIXED CASTES. 4OI wages of servants, with the various languages of men, with the manner of keeping goods, and (the rules of) purchase and sale. 333. 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. 334. But to serve Brahma;2as (who are) learned in the Vedas, householders, and famous (for virtue) is the highest duty of a .S'udra, which leads to beatitude. 335. (A 6^udra who is) pure, the servant of his betters, gentle in his speech, and free from pride, and always seeks a refuge with Brahma;2as, attains (in his next life) a higher caste. 336. The excellent law for the conduct of the (four) castes (var;^a), (when they are) not in distress, has been thus promulgated ; now hear in order their (several duties) in times of distress. Chapter X. I. Let the three twice-born castes (var;^a), dis- charging their (prescribed) duties, study (the Veda) ; but among them the Brahma;^a (alone) shall teach it, not the other two ; that is an established rule. 333. ' If a rich Vai^ya is not liberal, he shall be punished by the king' (Medh.). 334-336. See below, X, 1 21-129. 335. I read with Medh., Gov., and Nan, brahma^^apai-rayo nityam. X. T. 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/z, 'discharging their prescribed duties,' means 'if they follow their prescribed [25] D d 402 LAWS OF MANU. X, 2. 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). 3. 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 (varna). 4. The Brahma;^a, the Kshatriya, and the Vai^-ya castes (varna.) are the twice-born ones, but the fourth, the vSudra, has one birth only ; there is no fifth (caste). 5. In all castes (var;^a) 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 Brahma^a may learn the Veda from a non-Brahma?zical teacher, and that hence this rule is not absolute. 2. 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 6'udra. 3. See above, I, 93. ' On account of his pre-eminence,' i. e, ' through his qualities ' (Medh.), or ' by race ' (Gov., Kull., Nar,, Ragh.). Niyamasya /(-a 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. * 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.' 4. Ap. I, I, 3 ; Vas. II, 1-2 ; Baudh. I, 16, i ; Ya.gn. I, 10. 5. Ap. II, 13, I ; Vi. XVI, i; Yagn. I, 90. ' In the direct order,' i. e. ' by a Brahma«a on a Brahma«i, by a Kshatriya on a Kshatriya, and so forth ' (Medh., Gov., Kull,), means according to Nar., that X, 8. MIXED CASTES. 403 considered as belonging to the same caste (as their fathers). 6. 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. 7. 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. 8. From a Brahma;m with the daughter of a Vai^ya is born (a son) called an Ambash//^a, with the daughter of a ^'udra a Nishada, who is also called a Para^ava. in each case the bridegroom must be older than the wife. He adds, ' Hence it has been declared that the son of a woman who is older than (her husband) is not a Brahma«a, 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 Sahofl'/zas, Kaninas, and so forth, and all offspring of ilHcit unions are outcasts. Medh. and Gov. even take the trouble to discuss the Vedic story of G^abala Satyakama (A'/^andogya Up. IV, 4), whose mother did not know by whom he was begotten, and who, nevertheless, was admitted to be a Brahmawa. 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- 6. ' Blamed,' i. e. ' excluded from the fathers' caste ' (Nar.). With the expression ' similar,' compare Baudh.'s term ' savar«a.' Nand. places verse 1 4 immediately after this, and adds that if the latter is placed lower down, that is owing to a mistake of the copyists. 7. 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. 8. Medh. does not give this verse. D d 2 404 LAWS OF MANU. X, 9. 9. From a Kshatriya and the daughter of a ^udra springs a being, called Ugra, resembling both a Kshatriya and a K^udra, ferocious in his manners, and delighting in cruelty. 10. Children of a Brahma/za by (women of) the three (lower) castes, of a Kshatriya by (wives of) the two (lower) castes, and of a Vaii-ya by (a wife of) the one caste (below him) are all six called base-born (apasada). 11. From a Kshatriya by the daughter of a Brah- ma.na. is born (a son called) according to his caste (^i^ati) a Suta ; from a Vai^-ya by females of the royal and the Brahma/^a (castes) spring a Magadha and a Vaideha. A 12. From a ^'udra are born an Ayogava, a Kshattrz, and a A'a;^^ala, the lowest of men, by Vai^ya, Kshatriya, and Brahmawa females, (sons who owe their origin to) a confusion of the castes. 13. 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 Kshatt/'z and a Vaidehaka, though they were born in the inverse order of the castes (from mothers one degree higher than the fathers). 14. 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 12. Nar. and K. read Ayogava. Medh. and Nand. read Aaw^fala, instead of Kandzla, (Gov., Kull.). 13. 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. 14. The meaning is that they are reckoned as belonging to the X, 20. MIXED CASTES. 405 Anantaras (belonging to the next lower caste), on account of the blemish (inherent) in their mothers. 15. A Brahma;^a begets on the daughter of an Uo-ra an Avreta, on the daughter of an Ambash///a an Abhira, but on a female of the Ayogava (caste) a Dhigva;/a. 16. From a Sudra. spring in the inverse order (by females of the higher castes) three base-born (sons, apasada), an Ayogava, a Kshattr/, and a Kaudala, the lowest of men ; 1 7. From a Vaijr^^a 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). 18. The son of a Nishada by a 6'udra female becomes a Pukkasa by caste (^ati), but the son of a ^Lidra by a Nishada female is declared to be a Kukku^aka. 19. Moreover, the son of a Kshattr/ by an Ugra female is called a ^'vapaka ; but one begotten by a Vaidehaka on an Ambash///a female is named a Ve;/a. 20. 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 4 1 . 15. 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. 18. Nand. reads Pulkasa instead of Pukkasa. 19. Gov., Nand., and K. read Vena instead of Vewa. Ragh. adds that the modern name is Baru(/a, the name of caste of basket-makers. 20. Gov. and Nand. read at the end of the first line sutan for 406 LAWS OF MANU. X, 21. sacred duties, are excluded from the Savitri, one must designate by the appellation Vratyas. 21. But from a Vratya (of the) Brahma;^a (caste) spring the wicked Bhrz£-£-akan^aka, the Avantya, the Va/adhana, the Pushpadha, and the ^Salkha. 22. From a Vratya (of the) Kshatriya (caste), the G/iaWa, the Malla, the LI/{'/^/^ivI,the Na/a, the Kara/^a, 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/2, ' Those sons whom men neglecting their sacred duties, &c.' But he rejects it. 21. I read with Medh., Gov., Nar., and K., Bhr/^^aka7z/aka instead of Bhur^aka«/aka (editions), or Bhutyaka«/aka (Nand.); see also Gaut. IV, 20, where the form Bh;7^yaka;//a occurs. Regarding the Avantya (Apa?i/i'a, Nand.), see also Baudh. I, 2, 13. Instead of Va/adhana Nand. has Va^ jaikhakastatha, in the commentary pushyavasaijakha ; K. pushpa . . . kharas tatha; Nand. Pushpa^ibaka eva ka. It would seem that according to Medh. and Nand. only four tribes, sprung from a Vratya Brahma«a, are enumerated. But the form of the last name remains doubtful. The commentators think all the races named are descended from a Vratya Brahma«a and a female of his own caste. Gov. remarks that according to U.yanas' Niti.yastra the Bh;vWraka«/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. 22. I read with Medh. and Gov. LiWiivi instead of Ni-(-^'/«vi (editions). K. has Li/'/mvi {Ma. being marked as corrupt), and Nand. Li/JX-ikhi. As ' a ' and ' i ' in thesi are constantly exchanged, Li/C'/C'/iivi may be considered as a vicarious form for Li/^X7zavi, and it may be assumed that the Manusaz?/hita considered the famous Kshatriya race of Magadha and Nepal as unorthodox. Gov. says that, according to Ujanas, the Na/as and Karawas are spies, and X, 27. MIXED CASTES. 407 23. From a Vratya (of the) Vaii-ya (caste) are born a Sudhanvan, an A/{'arya, a Karusha, a Vi^an- man, a Maitra, and a Satvata. 24. 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. 25. I will (now) fully enumerate those (sons) of mixed origin, who are born of Anulomas and of Pratilomas, and (thus) are mutually connected. 26. The Suta, the Vaidehaka, the A!a;2^ala, that lowest of mortals, the Magadha, he of the Kshattr? caste (^ati), and the Ayogava, 27. These six (Pratilomas) beget similar races (var/^a) on women of their own (caste), they (also) produce (the like) with females of their mother's caste (<^ati), and with females (of) higher ones. the Khasas and Dravic/as are water-carriers and distributors of waters at drinking fountains. 23. K. reads Parusha, and Nand. Karu_§-a, instead of Karusha (Medh., Gov., Kull.). Instead of Vi^anman Nand. has Ni^ahgha. Gov. remarks that, according to Ui-anas, A^^aryas and Satvatas subsist by worshipping the gods, or serving as temple-priests (a/^aryasatvatai/i devapii^cranam). 25. 'Anulomas,' see above, verse 8. 27. Thus Nar. and Nand., with whom Kull. agrees, except that he adds ' on higher and (on lower) castes.' Medh. reads in the second line matri'gitya/i 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 matn^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 mat/v^atau svayonyaw tu sadmaw ^anayanti vai, and 408 LAWS OF MANU. X, 28. 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). 29. 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). 30. Just as a ^'udra 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. 28. 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 INIurdhavasikta, who begets a Murdhavasikta on a Murdhavasikta female and on an Avantya female (Nar.), and with Pratilomas, e. g. with a Kshattr/who begets a Kshatt;-/ both on a female of his own caste and on a A''a«^/ali (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;/a, sons) more (worthy of being) excluded (than he himself), 31. But men excluded (by the Aryans, vahya), who approach females of higher rank, beget races (var/^a) still more worthy to be . excluded, low men (hina) still lower races, even fifteen (in number). 31. 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 Ragh. 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 xSudra, i. e. Ayogavas, Kshattr/s, and A'aw^/alas ; and the Hinas, the Pratiloma offspring of Kshatriyas and Vaijyas, i. e. Siatas, INIagadhas, 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 Brahma??a, Kshatriya, Vaijya, 6'udra, and Ayogava women ; Kshattr/s like- wise five, with Brahma?za, Kshatriya, Vai^ya, SMva., 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, A'a^^alas, Kshattr/s, 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 Ka.nda]a., 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 g + 443+2 + i 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 -5'ijdra, 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 KuU.'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 varwa is used here in a figurative sense, because it has been declared above, verse 4, that there are only four real varwas. 4IO LAWS OF MANU. X, 32. A 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). 2,2,. A Vaideha produces (with the same) a sweet- voiced Maitreyaka, who, ringing a bell at the appearance of dawn, continually praises (great) men. 34. A Nishada begets (on the same) a Margava (or) Dai"a, who subsists by working as a boatman, (and) whom the inhabitants of Aryavarta call a Kaivarta. 35. Those three base-born ones are severally A begot on Ayogava women, who wear the clothes of the dead, are wicked, and eat reprehensible food. 32. 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.^arao'ilam, ' 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 prasadhanopaMra, 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, ' 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.' 34. 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. 35. I follow Medh., Gov., Nar., Nand., and K., who read mn'ia.- vastrabhr/tsvanaryasu, 'who wear the clothes of the dead, are wicked,' instead of mr/tavastrabhn'tsu narishu, ' women who wear the clothes of the dead '(editions). Kull. also seems to have had the X, 40. MIXED CASTES. 41I 36. From a Nishada springs (by a woman of the Vaideha caste) a Kara vara, 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. 3 7. From a A'a;2^ala by a Vaideha woman is born a Pa^^rt'usopaka, who deals in cane; from a Nishada (by the same) an Ahi;/^ika. 38. But from a Ka.7ida.\a. by a Pukkasa woman is born the sinful Sopaka, who lives by the occupations of his sire, and is ever despised by good men. 39. A Nishada woman bears to a A"a//^ala a son (called) Antyavasayin, employed in burial-grounds, and despised even by those excluded (from the A Aryan community). 40. 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 A. by Aryans.' 36. Thus according to Medh. and Kull, But Gov. and Ragh, understand in the second line with ' from a Vaidehaka,' the words ' 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 of Karavaras, 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. 38. Ragh. and Nand. read Paulkasa instead of Pukkasa. Mula- vyasanavr/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. A 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. 42. 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. 43. But In consequence of the omission of 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 ^'udras ; 44. (Viz.) the Pau/^rt^rakas, the Kodds, the Dra- vl(/as, the Kambofas, the Yavanas, the ^'akas, the Paradas, the Pahlavas, the A'lnas, the Kiratas, and the Daradas. 41. Medh. adds, 'The mention of the Anantaras is intended to include all Anulomas.' 42. '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 Ar3'an fathers. Yuge yuge, 'in successive births' (INIedh., Nar., Nand.), means according to Kull. ' in each of the ages of the world,' Kull. refers to the stories regarding Vijvamitra and i?/shyajr/hga, while Medh. points to the discussion, given below, verse 64 seq. 43. Medh. and Gov. read brahma?;atikrame«a, 'by disrespect towards Brahmawas,' instead of brahmawadarjanena, ' by not con- sulting Brahmawas' (Kull., Nar., Nand., Ragh., K.). 44. Instead of Pau«f/rakas (Kull), Medh., Nar., Nand., and K. read Puwc/rakas, and Gov. Pau;/3y/rakas. My reading A^'o^as is a correction of Ao7«^ra, which is found in some MSS. of Medh. and in K. We have plainly A'ola in Nand,, while some MSS. of Medh. and Gov. read ATawdra or Khndxz., and the editions give A'aua'ra. Sir W. Jones' opinion that -('au^ra stands for kz. Odrz 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. 4T3 45. 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, whether they speak the language of the Mle/('/(7^as (barbarians) or that of the Aryans. 46. Those who have been mentioned as the base- born (offspring, apasada) of Aryans, or as produced in consequence of a violation (of the law, apadhva?;^- sa^a), shall subsist by occupations reprehended by the twice-born. 47. To Sutas (belongs) the management of horses and of chariots ; to AmbashMas, the art of healing ; to Vaidehakas, the service of women ; to Magadhas, trade ; 48. Killing fish to Nishadas; carpenters' work to the Ayogava; to Medas, Andhras, Kimkus, 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. 45. ' Those born from the mouth, &c.,' i. e. the four Var«as ; see above, I, 87. 46. 'Base-born offspring of Aryans;' see above, verses 17 and 41. 47. 'The service of women,' i.e. 'the office of guardians in the harem.' • 48. Instead of J^urikn (editions, Ragh.), Medh., Gov., and Nar. seem to have read A^'u^u. Nand. reads Mawni for Madgu. Nar. says that these two words are synonyms of C/zalla and Malla ; see above, verse 22. But Gov. quotes a verse of Yama, according to which the A^u/^uka is the son of a Vai^ya by a Kshatriya female, and the Madgu the offspring of a Sudrz and a Kshatriya. KuU.'s and Ragh.'s reference to Baudh. is, according to the MSS. of the Baudh. Dharmasulra, erroneous. 414 LAWS OF MANU. X, 49. 49. To Kshattrz's, Ugras, and Pukkasas, catching and killing (animals) living in holes ; to Dhigva;^as, working in leather ; to Venas, playing drums. 50. Near well-known trees and burial-grounds, on mountains and in groves, let these (tribes) dwell, known (by certain marks), and subsisting by their peculiar occupations. 51. But the dwellings of iTa/^^^alas and Svapa^as shall be outside the village, they must be made Apapatras, and their wealth (shall be) dogs and donkeys. 52. Their dress (shall be) the garments of the dead, (they shall eat) their food from broken dishes, black iron (shall be) their ornaments, and they must always wander from place to place. 53. 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. 54. Their food shall be given to them by others (than an Aryan giver) in a broken dish ; at night they shall not walk about in villages and in towns. 49. Nand. omits this verse. 50. Nand. places verse 50 after verse 52. 51. Medh. and Nar. read avapatra-^ instead of apapatra// (Kull., Ragh., K., and Gov. ?), and Medh. gives three explanations of the term : i. 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. 53. Gov. and Nand. say, 'A righteous man,' instead of 'A man who fulfils a religious duty.' 54. Gov. and Nar. take the beginning of the verse diff"erently, X, 6i. MIXED CASTES. 415 55. By day they may go about for the purpose of their work, disthiguished 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. 56. 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 the ornaments of (such) criminals. 57. A man of impure origin, who belongs not to any caste, (var;m, but whose character is) not known, A who, (though) not an Aryan, has the appearance of an Aryan, one may discover by his acts. A 58. Behaviour unworthy of an Aryan, harshness, cruelty, and habitual neglect of the prescribed duties betray in this world a man of impure origin. 59. A base-born man either resembles in character his father, or his mother, or both ; he can never conceal his real nature. 60. 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. 61. But that kingdom in which such bastards, sullying (the purity of) the castes, are born, perishes 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.' 55. '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. 41 6 LAWS OF MANU. X, 62. 62. Dying, without the expectation of a reward, for the sake of Brahma;^as and of cows, or in the defence of women and children, secures beatitude to A those excluded (from the Aryan community, vahya). 63. Abstention from injuring (creatures), veracity, abstention from unlawfully appropriating (the goods of others), purity, and control of the organs, Manu has declared to be the summary of the law for the four castes. 64. If (a female of the caste), sprung from a Brahma;^a and a ^udra female, bear (children) to one of the highest caste, the inferior (tribe) attains the highest caste within the seventh generation. 62. Vi. XVI, 18. 63. Gaut. VIII, 23; Yagn. I, 122; and above, IV, 246, V, 107. Nand. reads sarvavar«e, ' for all castes,' instead of /('aturvar«ye, ' for the four castes.' A 64. Ap. II, lo-ii; Gaut. IV, 22 ; Yagn. I, 96. According to Medh., Gov., KuU., and Ragh., the meaning is that, if the daughter of a Brahmawa and of a 6'udra female and her descendants all marry Brahma;/as, 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 Brahma;?a and of a 5udra female, marries a most excellent Parajava 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 Brahma;/a. 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), nishadena nishadyam a pafiX-ama^^ater apahanti [^ato 'pahanti] j-udratam I tam upanayet shash//;a^« ya^ayet, ' (Offspring), begotten by a Nishada on a Nishadi, removes within five generations the ^udra-hood ; one may initiate him (the fifth descendant), one may sacrifice for the sixth.' This passage of Baudhayana, the reading of which is supported by a new MS. from IMadras, clearly shows that Baudhayana allowed the male offspring of Brahmawas and 6'iidra females to be raised to the level of Aryans. It is also not impossible X, 67- MIXED CASTES. 417 65. (Thus) a ..9udra attains the rank of a Brah- ma/za, and (in a similar manner) a Brahma/za sinks to the level of a ^udra ; but know that it is the same with the offspring of a Kshatriya or of a Vai^'ya. 66. If (a doubt) should arise, with whom the pre- A 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-Ar3^an, 6"]. 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 Brahmawa and of a .Sudra female begets children with a most excellent (male of the Brahma;/a caste or female of the Parai'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 i're^asa, 'with a most excellent,' stands in the masculine, may be met by Manu's pecuKar use of the masculine instead of the feminine above in verse 32, where ayogave is used for ayogavyam. 65. The manner in which a Brahmawa sinks to the level of a 6'udra is, according to INIedh., Gov., and KulL, the following. If the son of a Brahmawa and of a 6'udra female and his descendants marry ^udra wives, the seventh descendant will be a pure -Sudra. Medh., Gov., and KuU. hold that the offspring of a Brahmawa and of a Kshatriya female obtains the higher or lower rank in the third generation, and the offspring of a Brahma/za and of a Vai.fya female in the fifth. Medh. and Gov. expressly state that 'they,' i.e. the older commentators, give this explanation. 66. 'A non-Aryan female,' i. e. ' a iSudra 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 Brahmawi ' (Medh., Gov., KulL, Ragh., Nar., Nand.). 67. ' 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. 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. 69. 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. 70. 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 : 71. Seed, sown on barren ground, perishes in it; a (fertile) field also, in which no (good) seed (is sown), will remain barren. 72. 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. 'J 2,. 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 Smr/iis 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. 71. 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 7??shyajrmga, see above, IX, 23. 72. ' 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 74. Brahma;^as who are intent on the means (of gahiing 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. 75. Teaching, studying, sacrificing for himself, sacrificing for others, making gifts and receiving them are the six acts (prescribed) for a Brahma;^a. 76. 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. 77. (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. 78. The same are likewise forbidden to a Vai^-ya, that is a settled rule ; for Manu, the lord of creatures (Pra_^apati), has not prescribed them for (men of) those two (castes). 79. To carry arms for striking and for throwing (is prescribed) for Kshatriyas as a means of sub- 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 ; Yagn. I, 118-119 ; see also above, I, 88-90. 74. Brahmayonistha//, ' who are intent on the means of gaining union with Brahman' (Medh., Gov., Kull.), means according to Nar. and Ragh. ' who are of pm^e Brahmawical 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.' 77. Nar. reads brahma?ia^ kshatriyaw prati, 'To a Kshatriya three acts incumbent on a Brahmawa' are forbidden,' instead of brahmawat kshatriyaw^ 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 Val^yas ; but their duties are liberality, the study of the Veda, and the performance of sacrifices. 80. Among the several occupations the most commendable are, teaching the Veda for a Brah- ma;2a, protecting (the people) for a Kshatriya, and trade for a Vai^ya. 81. But a Brahma;2a, 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, 82. 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 Vaij-ya's mode of life, employing himself in agriculture and rearing cattle. 83. But a Brahma;^a, or a Kshatriya, living by a Vai.Tya's mode of subsistence, shall carefully avoid (the pursuit of) agriculture, (which causes) injury to many beings and depends on others. 84. (Some) declare that agriculture is something excellent, (but) that means of subsistence is blamed 80. Vartta, ' trade ' (Nand.), means according to Kull. ' trade and rearing cattle,' and according to Gov. ' trade, rearing caltle, 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. 11, 15 ; LIV, 18-21 ; Ya.gn. Ill, 35-40. 82. Nar. thinks that kr/'shi, ' agriculture,' means here asvaya?;/- kn'ta, 'at which the Brahmawa does not work personally,' while Gov. and Kull. hold the contrary opinion. For according to them the asvaya?«kr?ta kn'shUi has been permitted even for ordinary times, above, IV, 4-5. 83. '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. 84. Medh. points out that this verse is directed against the teaching of Vas. II, 32-36. X,90 OCCUPATIONS OF THE CASTES. 42 1 by the virtuous ;^or) the wooden (implement) with iron point injui^bs the earth and (the beings) Hving in the earth// 85. 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 Vai^yas, making (however) the (following) exceptions. 86. He must avoid (selling) condiments of all sorts, cooked food and sesamum, stones, salt, cattle, and human (beings), Sy. All dyqd cloth, as well as cloth made of hemp, or flax, or wool, even though they be not dyed, fruit, roots, and (medical) herbs ; 88. Water, weapons, poison, meat, Soma, and per- fumes of all kinds, fresh milk, honey, sour milk, clarified butter, oil, wax, sugar, Kui-a-grass ; 89. All beasts of the forest, animals with fangs or tusks, birds, spirituous liquor, indigo, lac, and all one-hoofed beasts. 90. But he who subsists by agriculture, may at pleasure sell unmixed sesamum grains for sacred 86. ]\Iedh. 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 KuU. point out that it is specially named, because the penance is heavier. Nar. explains rasan, 'condiments,' by ' exudations of leaves, wood, and so forth.' 88. Nar. reads ksharam, ' alcaline substances,' instead of kshiram, ' fresh milk,' but mentions the latter reading, and Nand. ksharam for kshaudram. 89. Nar. reads ma^^a, ' marrow,' instead of madyam, ' spirituous liquor.' Medh. says that some read eka^-aphan bahun, ' many one- hoofed beasts,' and permit the sale of a single one. Nand. reads paj'ijn, ' animals.' 90. 6'uddhan, 'unmixed' (Medh., Gov., Kull., Ragh.), means 42 2 LAWS OF MANU. X, 91. purposes, provided he himself has grown them and has not kept them long. 91. 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. 92. 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. 93. But by willingly selling in this world other (forbidden) commodities, a Brahma;^a assumes after seven nights the character of a Vai^-ya. 94. 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. 95. 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.). 91. K. reads kr/mir bhutva sa vishZ/^ayam, 'he will be plunged into ordure ;' and Medh. seems likewise to have read sa, * he,' for jva, ' dog.' 93. Kamata/;, ' willingly,' means according to Medh. and Nand. ' not in times of distress, but in ordinary times.' 94. I read with Medh. and Nand., kr/tanna»/ /ca kr/tannena instead of /iakr/tanncna (Gov., Kull., Nar.), ' for undressed grain,' because all the other Smn'tis have the former rule. K. reads va k;7tannena, and thus shows how the misreading /ci° arose. Nand. reads na tveva lavawaw tilai//, ' but not salt for sesamum grains,' and Medh. mentions the reading as a var. lect. X, loi. OCCUPATIONS OF THE CASTES. 423 96. A man of low caste who through covetous- ness Hves by the occupations of a higher one, the king shall deprive of his property and banish. 97. It is better (to discharge) one's own (ap- pointed) duty incompletely than to perform com- pletely that of another ; for he who lives according to the law of another (caste) is instantly excluded from his own. 98. A Vai^ya who is unable to subsist by his own duties, may even maintain himself by a ^'udra s mode of life, avoiding (however) acts forbidden (to him), and he should give it up, when he is able (to do so). 99. But a ^'udra, 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. 100. (Let him follow) those mechanical occupa- tions and those various practical arts by following which the twice-born are (best) served. 10 1. A Brahma;2a who is distressed through a want of means of subsistence and pines (with hunger), (but) unwilling to adopt a Vaijya's mode of life and resolved to follow his own (prescribed) path, may act in the followino- manner. o 97. Nar. gives as an instance of an ill or incomplete performance of a Brahma«a'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 loi. 98. '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. X, 102. 102. A Brahma;m who has fallen into distress may accept (gifts) from anybody/;' for according to the law it is not possible (to assert) that anything pure can be sullied/5 103. By teaching, by sacrificing for, and by ac- cepting gifts from despicable (men) Brahma;^as (in distress) commit not sin ; for they (are as pure) as fire and water. 104. 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. 105. 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. 106. 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. 107. Bharadva^a, a performer of great austeri- ties, accepted many cows from the carpenter Br/bu, when he was starvinor tog-ether with his sons in a lonely forest. 102. 'Anything pure,' i. e. ' the Ganges and the Uke'(iMedh., Gov., Kull.), or ' fire and the like ' (Nar,, Ragh.). 103. Vas. XXVII, 9. 105. Regarding the story of A^igarta, see Aitareya-brahma«a VII, 13-16. 107. I read with Gov. and Sayawa on Rig-veda VI, 45, 31, Bn"bu instead of VWdhu (Kull., Ragh., K.), and Br/hat (Nar., Nand.). The corrected copies of IMedh. have V/v'dliu, but the oldest reads vr/ddha in the text, and in the commentary drihu, i. e. bWhu, It is not doubtful that Brthu is the correct reading. For in the hymn quoted that personage is described as the carpenter of the Pawis, and his liberality is highly praised. Moreover the 6'ahkhayana X, 113. OCCUPATIONS OF THE CASTES. 425 108. Viwamitra, 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 A'a^z^'ala. 109. 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 ^'udra of the lowest class. 111. 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. 112. A Brahma;/a 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. 113. 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 6'rauta-sutra (see the Petersburg Dictionary, sub voce Br^bu) alludes to the legend mentioned by Manu. 108. Regarding the legend of Vijvamitra, see Mahabh. XII, 141, 28 seqq. 1 10. Nar. says, 'a5udra(or)one of the lowest class, 1. e. a ^a^/d^ala.' 111. Ap. I, 28, 11; Vas. XX, 45 ; Vi. LIV, 28. 'By austerities,' i. e. ' by penances,' see below, XI, 194. 113. Kupyani, ' (utensils made of) common metals,' includes 426 LAWS OF MANU. X, 114. king for them ; if he is not disposed to be Hberal, he must be left. 114. (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). 115. 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. INIedh.'s second interpretation, according to which tyaga/i means dharma- hani/z, ' a loss of spiritual merit,' agrees with Nand.'s view. KuU. 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 6'astras, or a -Sudra king (see note on IV, 33), and that the verse thus rescinds the prohibition given above, IV, 84 seq. 114. Vas. XII, 3. 115. Gaut.X,39-42. Labha,'findingor friendlydonation'(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. (?aya, ' 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 T16. 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). 117. Neither a Brahma/^a, nor a Kshatriya must lend (money at) interest ; but at his pleasure (either of them) may, in times of distress (when he requires money) for sacred purposes, lend to a very sinful^ man at a small interest. 118. 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. 119. His peculiar duty is conquest, and he must not turn back in danger ; having protected the Vaijyas by his weapons, he may cause the legal tax to be collected ; 1 20. (Viz.) from Vaii-yas one-eighth as the tax on triyas, the fifth and sixth for Vai^yas (or the fifth for Vai-fyas, the sixth for -Siidras, Nar,), and the seventh for Brahma«as. 116. ' 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. 117. 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.' 119. I read with Gov. and K. na bhaye instead of nahave (editions). Medh.'s text has the latter reading, but the com- mentary bhaye upasfhite 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 KuU.'s commentary. Nand. gives na bhave, probably a mistake for na bhaye. 120. According to j\Iedh., the first line refers to the profits of 428 LAWS OF MANU. X, i2r. grain, one-twentieth (on the profits on gold and cattle), which amount at least to one Karshapa;^a ; ^'udras, artisans, and mechanics (shall) benefit (the king) by (doing) work (for him). 121. If a ^iidra, (unable to subsist by serving Brahma;/as,) seeks a livelihood, he may serve Ksha- triyas, or he may also seek to maintain himself by attending on a wealthy Vai^ya. 122. But let a (.Sudra) 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 (kr/shi^ivinam, Gov.) shall give from the increments on grain (upa/C'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 Karshapa/za 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, vi;;z.9atkarshapa«avara;« («apara?«, 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 Vai.yyas, that the tax on everything else is to be at least one Karshapa«a in twenty, and that artisans who work for wages shall pay the same rate (viwjatkarshapanam iti < dhanyad anyeshu v'lmszd vi;;/.s'atikarshapa«amulya;« tadr/jalabhe karsha- pa;/a eko ragna grahya ity avara// paksha/; 1 sambhave tv adhikam api grahyam ity artha/z 1 dharmopakarawa/z [karmo"] dharmibhir [karmabhir] vijvam upakurvantas tantuvayadaya/z I sudvah karavo var7/avahya na/ai('itrakaradyaA I jilpinai' ka. rathakaradyas te 'pi karma kr/tva bhrnitve 'pi vi;«jatikarshapa«alabhe karshapawavara?/^ suYk^m dadyur iti jesha//). According to Nar. the translation would be: '(Viz.) one-eighth as the tax (payable) by Vai.yyas on grain, (and on everything else) at least one Karshapa^m out of twenty; »Sudra artisans and mechanics who benefit (men) by their work (shall pay the same rate).' Nar. adds that some read triwjatkarsha- pawavaram, ' at least one Karshapawa out of thirty.' 1 21-129. Gaut. X, 50-65; Yagii. I, 1 20-1 21. X, 128. TliMES OF DISTRESS ; SUDRAS. 429 for the sake of heaven, or with a view to both (this hfe and the next); for he who is called the servant of a Brahma;^a thereby gains all his ends. 123. The service of Brahma;^as alone is declared (to be) an excellent occupation for a ^Sudra ; for whatever else besides this he may perform will bear him no fruit. 124. 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. 125. 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. 126. A ^'udra 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. 1 2 7. (^'udras) who are desirous to gain merit, and know (their) duty, commit no sin, but gain praise, if they imitate the practice of virtuous mery^'Avithout reciting sacred texts. ^ 128. The more a (^udra), 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. 126. '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.). 127. In what particulars the practice of the Aryans may be imi- tated by 6'ildras, may be learnt from the parallel passages quoted above. I 430 LAWS OF MANU. X, 129. 129. No collection of wealth must be made by a KSudra, even though he be able (to do it) ; for a ^'udra who has acquired w^ealth, gives pain to Brahma7^as. J; 130. The duties of the four castes (var;^a) in times of distress have thus been declared, and if they perform them well, they will reach the most blessed state. 131. Thus all the legal rules for the four castes have been proclaimed; I next will promulgate the auspicious rules for penances. Chapter XI. 1. 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, 2. These nine Brahma;^as one should consider as 129. 'Gives pain to Biahmawas,' i.e. 'by becoming proud and not servinj? them' (Gov., KulL, Ragh.). XI. I. 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 Vi.yva^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., Nan). 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, beo;orIncT in order to fulfil the sacred law ; to such poor men gifts must be given in proportion to their learning. 3. 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. 4. But a king shall bestow, as is proper, jewels of all sorts, and presents for the sake of sacrifices on Brahmawas learned in the Vedas. 5. 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. 6. One should give, according to one's ability, wealth to Brahma;^as learned in the Veda and living alone ; (thus) one obtains after death heavenly bliss. 3. Gaut. V, 22 ; Baudh. II, 5, 20. The translation follows Medh., Gov., and Nar. The interpretation adopted by Kull. is, ' To these most excellent Brahma«as 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, vedya/^ tu yakltam 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. 5. Ap. II, 10,3. 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. 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. 8. 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. 9. (If) an opulent man (is) liberal tow^ards 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). 10. 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. 11. 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, 7. Vas. VIII, 10 ; Vi. LIX, 8 ; Yagn. I, 124. ' Drink the Soma- juice,' i. e. ' perform a Soma- sacrifice, in order to obtain the fulfil- ment of some wish ' (I\Tedh., Gov., Kull., Ragh.). 8. '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. 1 1-15. Gaut. XVIII, 24-27. II. 'While a righteous king rules,' i. e. 'because such a king will not punish a man who acts in accordance with the 6'astras' (Medh., Gov., Kull., Nar.). XI, i6. PENANCES ; GIFTS AND SACRIFICES. 433 12. That article (required) for the completion of the sacrifice, may be taken (forcibly) from the house of any Vai-S"ya, 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 ^'udra ; for a ^Sudra has no business with sacrifices. 14. 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) ; 15. (Or) he may take (it byjor.ce-iDj:..-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. 16. 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 12. Nar. and Nand. think that 'the king' is the agent to be understood with the verb ' may be taken.' The latter reHes on the parallel passage of the Mahabharata, where the last Pada of the verse is ya^ftartham parthivo haret. 'The (minor) sacrifices,' i.e. ' the Pakaya^»as and so forth' (KulL), or ' the five great sacrifices' (Nar.). 14. Gov. thinks that this verse refers to a Kshatriya alone, while Medh., KulL, Ragh. refer it to Brahma^zas also. 15. Gov.,Kull., and Ragh. explain adananitya, 'one who always takes,' by ' a Brahmawa who always accepts presents,' while Medh. and Nar. refer the word to men of all castes who constantly amass wealth. 16-23. Gaut. XVni, 28-32 ; Yngn. Ill, 43-44. 16. 'At the seventh meal-time,' i.e. 'on the fourth day of his starving.' ' 434 LAWS OF MANU. XI, r duties, without (however) making a provision for the morrow, 17. 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). 18. (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 Pasyu, or of one who neglects his sacred duties. //19. 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 mlsfortune)^^, 20. 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 A called the property of the Asuras. 21. 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. 22. Having ascertained the number of those de- pendent on such a man, and having fully considered his learning and his conduct, the king shall aflow him, out of his own property, a maintenance whereon he may live according to the law ; 23. And after allotting to him a maintenance, the 18. 'A Dasyu,' see above, X, 45. According to Nar., this verse too refers to the king. 19. ' Both,' i. e. ' him from whom he takes it by saving him from sin (or, from the trouble of protecting his property, Gov.), and the recipient' (Kull, Gov.). Nand. omits verses 19-21. 21-22. See above, VII, i34-i35. 23. 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. 24. A Brahma;^a shall never beg from a Sudra. property for a sacrifice ; for a sacrificer, having begged (it from such a man), after death is born (again) as a A'a/z^ala. 25. A Brahma/^a 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. 26. That sinful man, who, through covetousness, seizes the property of the gods, or the property of Brahma//as, feeds in another world on the leavings of vultures. 27. In case the prescribed animal and Soma- sacrifices cannot be performed, let him always offer at the change of the year a Vai^vanart Ish/i as a penance (for the omission). 28. 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). 29. 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. 24. Vi. LIX, II ; YagTi. I, 127. 25. Ya^ft. I, 127. Medh., Gov., and Nar. say, ' A Brahma^a who .... does not give the whole of it (to Brahma^zas).' 26. Pare loke, 'in another world,' means according to Gov. and Kull., * in his next birth.' 27. Vi. LIX, 10 ; Yagn. I, 126. The Vaijvanari Ish/i is accord- ing to Medh., a rite described in the Grz"hya-sutras. Regarding the prescribed .Srauta sacrifices, see above, IV, 25-26. F f 2 436 LAWS OF MANU. XI, 30. 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. 31. A Brahma7/a 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 w^ho injure him. 32. His own power is greater than the pow^er of the king ; the Brahma^^a, therefore, may punish his foes by his own power alone. 33. Let him use without hesitation the sacred texts, revealed by Atharvan and by Aiigiras ; speech, indeed, is the w^eapon of the Brahma;za, with that he may slay his enemies. 34. A Kshatriya shall pass through misfortunes which have befallen him by the strength of his arms, a Vai^ya and a ^'udra by their wealth, the chief of the twice-born by muttered prayers and burnt-oblations. 35. The Brahma;^a 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. 3 1 . This and the following verses rescind the rules given above, IX, 290. 32. See above, IX, 313-321. 33. 'The sacred texts, revealed by Atharvan and Ahgiras,' i.e. the charms and incantations contained in the Atharva-vcda. Nar. reads abhiX-arayan, 'using magic,' instead of avi/^arayan (Medh., Gov., Kull., K.). Nand. reads, jrutir atharvafigirasM kuryad ity abhi/('aritam. 34. Vas. XXVI, 16. 35. I read with Medh., Gov., Nar., Ragh., Nand., and K., maitro for maitri, and juktam for.yushkam (editions). The commentators differ XI, 37- penances; sacrifices. 437 36. Neither a girl, nor a (married) young woman, nor a man of little learning, nor a fool, nor a man in ereat sufferinor, nor one uninitiated, shall offer an Agnihotra. ^j. 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.' ^asita, '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 Brahma^a.' 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 Brahma^a ; and this view is adopted by Ragh. and Nand., who explain akujalam, ' unpropitious,' by anish/am, ' anything disagreeable.' Nar.'s read- ings seem to have differed. He has kuryat instead of bruyat, 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 .ruktam (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 6'rauta Agnihotra. 438 LAWS OF MANU. XI, 38. 38. A Brahma;^a 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. 39. 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). 40. 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 (^^rauta) sacrifice. 41. A Brahma;m who, being an Agnihotrin, voluntarily neglects the sacred fires, shall perform a lunar penance during one month ; for that (ofi"ence) is equal to the slaughter of a son. 42. Those who, obtaining wealth from ^'udras, (and using that) offer an Agnihotra, are priests officiating for ^udras, (and hence) censured among those who recite the Veda. 38. The translation of pra^apatya, ' sacred to Prao'dpati,' 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 ' to be given to the Brahman priest.' 40. Gov. and Kull. explain, here and above, IV, 94, yd.sa./i, '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.' 41. 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.' 42. See above, XI, 24. XT, 48. penances; gifts and sacrifices. 439 43. 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). 44. A man who omits a prescribed act, or per- forms a blamable act, or cleaves to sensual enjoy- ments, must perform a penance. 45. (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). 46. 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. 47. 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. 48. Some wicked men suffer a change of their 43. Nand. reads the first line differently, papana/7z sa.ta.tzm tesham agnim judrasya ^uhvatam, but the general sense remains the same. 44-46. Gaut. XIX ; Vas. XX, 1-3 ; XXII ; Baudh. Ill, 10 ; Yagn. Ill, 219, 226. 45. Vedic texts which prescribe penances for offences committed intentionally, are quoted Gaut. XIX, 7-10. The commentators adduce also Aitareya-brahmawa VII, 28. 47. 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. / v 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). 49. He who steals the gold (of a Brahma;za) has diseased nails ; a drinker of (the spirituous liquor called) Sura, black teeth ; the slayer of a Brahma//a, consumption ; the violator of a Guru's 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 ; 51. 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. 52. 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). 53. 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. 54. Penances, therefore, must always be per- formed for the sake of purification, because those 51. ' 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.' 52. Gov., Nan, Nand., and K. omit this verse, and Ragh. says that it is found kvapi, in some MSS. 53. I read with Nar., Nand., and K., karmava^eshewa instead of karmavijeshe«a (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. 55. 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). 56. 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;^a. 57. Forgetting the Ve.da, 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. 58. 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/^a). 59. 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. 11, 2, 1-8; 12-13; 15-16; Vi. XXXIV, i; XXXV- XXXVIII, 6; XXXIX-XLII; Yaou. Ill, 227-242. 55. See above, IX, 235. 56. Guroj /C'dlikanirbandha/^, 'falsely accusing one's teacher' (Medh., Gov., KulL), may also mean according to INIedh. 'wrong- fully going to law with the teacher.' Nar. and Nand. explain it by ' persevering in doing what is disagreeable to the teacher.' 57. 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' 59. 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. X 442 LAWS OF MANU. XI, 60. 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. 60. 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, 61. Allowing one's younger brother to marry first, marrying before one's elder brother, giving a daughter to, or sacrificing for, (either brother), ^., 62. Defiling a damsel, usury, breaking a vow, l. selling a tank, a garden, one's wife, or child, 63. 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, 6k. ^iperintending mines (or factories) of any 60. ' 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.' ]\Iedh. and Nar. say, 'forgetting the sacred texts required for the daily private recitation;' and INIedh. 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. 62. 'Breaking a vow,' i.e. 'any vow voluntarily undertaken' (Medh., Nar.), means according to Gov., Kull., and Ragh. ' break- ing the vow of studentship.' 63. '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. 64. INIahayantrapravartana, ' executing great mechanical works,' XI, 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), 65/Cutting down green trees for firewood/tioing acts for one's own advantage only, eating prohi- bited food, 66. Neelectine to kindle the sacred fires, theft, non-payment of (the three) debts, studying bad books, and practising (the arts of) dancing and singing, 67. 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.' Strya^iva, ' 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 Wedh. 'subsisting on (the separate property of) one's wife,' according to Ragh. ' living on (the money obtained by selling one's wife.' Nand. reads hiwsraushadhistry- up%iva//, ' subsisting on (money earned by the sale of) noxious herbs or on (the earnings of) one's wife.' 65. '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 INIahapataka. 66. ' 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. • Bad books,' i. e. ' those of the A'arvakas, Nirgranthas (G^ainas,' Medh.), or ' of heretics in general ' (Nar.). 67. 'Cattle,' i. e. other than cows; see above, verse 60. 444 LAWS OF MANU. XI, 68. course with women who clrhik spirituous Hquor, slaying women, ^'iidras, Vaii"yas, or Kshatriyas, and atheism, (are jJJXjriiiiQiLJDffences, causing loss of caste (Upapataka). 68. Giving pain to a Brahma/za (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 (C"atibhra;;^i'a). 69. 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 (Sa7;2karikara;^a). 70. Accepting presents from blamed men, trading, serving K^udras, and speaking a falsehood, make (the offender) unworthy to receive gifts (Apatra). 71. 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). 72. Learn (now) completely those penances, by means of which all the several offences mentioned (can) be expiated, "J 2). For his purification the slayer of a Brahma;^a shall make a hut in the forest and dwell (in it) 68. * Things which ought not to be smelt at,' e. g. ' gadic, onions, ordure, &c.' (Medh., Gov., KulL, Nar.). 70. ' 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, i; Gaut. XXII, 2-10; Vas. XX, 25-28; Baudh. II, i, 2-6; Vi. XXV, 6; L, 1-6, 15; Ya^fi. Ill, 243-250. 73. 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 ; 74. 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 ; 75. Or he may offer a horse-sacrifice, a Svarfit, a Gosava, an Abhi^it, a Vi^va^it, a Trivrit, or an Agnish/ut ; 76. Or, in order to remove (the guilt of) slaying a Brahma;2a, he may walk one hundred yo^anas, recitine one of the Vedas, eating little, and con- trolling his organs ; yj. Or he may present to a Brahmam, learned in 74. 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- pura«a 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 Brahmawa, those ending in death by an offender who himself, destitute of good qualities, killed a learned 6'rotriya, and the lighter ones by an eminent king who unintentionally caused the death of a worthless Brahma7;a. 75. According to the Bhavishyapura«a, 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 Sv. Sutras XXII, 11,3; regarding the Abhi^it, Asv. Si: Sutras VIII, 5, 13. According to Gov. and Nar., Trivr/t is equivalent to Trivrz'tstoma, and to be taken separately; but accord- ing to IMedh. and Ragh., trivrzla qualifies Agnish/ut. Regarding the Agnish/ut, see A^v. Sr. Siitras IX, 7, 22-25. 76. According to Nar., Kull., and Ragh. (the latter two quoting the Bhavishyapurawa as their authority), this penance suffices to expiate the unintentional slaughter of one who has nothing but the name of a Brahma«a. 77. I read with Medh., Gov., and K., dhanaw hi instead of ,/ 446 LAWS OF MANU. XI, 78. the Vedas, his whole property, as much weahh as suffices for the maintenance (of the recipient), or a house toeether with the furniture ; 78. 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. 79. 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/^as. dhana//^ 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 sufTicient 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 Brahmawa who keeps no sacred fire, unintentionally slew an utterly worthless Brahmawa. 78. According to the Bhavishyapurawa, quoted by Kull. and Ragh., the fust penance is to be performed by an unlearned Brahmawa who intentionally killed an utterly worthless caste- fellow, the second by an exceedingly distinguished ^rotriya who unintentionally caused the death of a man merely a Brahma?/a 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 Brahma«a. If a ^rotriya or one who is performing a 6'rauta sacrifice has been killed, the off"ender 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. 79. ]\Iedh., 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 80. He who unhesitatingly abandons hfe for the sake of Brahma;/as or of cows, Is freed from (the gulh of) the murder of a Brahma;m, and (so Is he) who saves (the hfe of) a cow, or of a Brahma;za. 81. If either he fights at least three times (against robbers In defence of) a Brahma;^a's (property), or reconquers the whole property of a Brahma;^a, or If he loses his life for such a cause, he Is freed (from his guilt). S2. 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 Brahma;/a. 83. Or he who, after confessing his crime In an assembly of the gods of jhejearth (Brahma^zas), and the gods of men (Kshatrlyas), bathes (with the priests) at the close of a horse-sacrifice, Is (also) freed (from guilt). 84. The Brahma;^a Is declared (to be) the root of the sacred law and the Kshatrlya Its top ; hence he who has confessed his sin before an assembly of such men, becomes pure. 85. By his origin alone a Brahma;^a is a deity even for the gods, and (his teaching Is) authoritative for men, because the Veda is the foundation for that. 80. This holds good also before the twelve years' penance is finished (Gov., Kull., Nar.). 83. 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 Bhavishyapurawa specially pre- scribes it for an eminent Brahma^/a 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. 448 LAWS OF MANU. XI, 86. 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. 87. 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. 88. 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;2a) woman who has bathed after temporary uncleanness (Atreyi), he must perform the same penance, 89. 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, 90. This expiation has been prescribed for unin- 88-89. Ap. I, 24,6-9,23; Gaut.XXII,ii-i4; Vas. XX, 34-36 ; Baudh. II, 1,12; Vi. L, 7-10 ; LIL 4 ; Yagn. Ill, 251. 88. INIedh. 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.' 89. ' Giving false evidence,' i. e. ' in a case where the life of the accused is involved' (Medh., Gov., Nar.), or 'where gold, land and the like is at stake' (Kull., Ragh.). 'Abusing the teacher,' see above, verse 56. ' Stealing a deposit,' i. e. ' gold belonging to a Kshatriya or Vaijya, or silver and other property belonging to a Brahmawa' (Kull., Nar., Ragh.), or property belonging to a poor Brahma«a (Medh.). Stri, ' his wife' (Nar., Nand.), means according to Gov., Kull., and Ragh. 'the virtuous wife of a distinguished Brahma«a who keeps sacred fires.' Medh. (on verse 88) seems to agree to a similar explanation. ' His friend,' i. e. ' though he may not be a Brahmaz/a' (Nar.). 90. The verse is identical with Baudh. II, i, 6. The correct XI, 93- PENANCES FOR DRINKING SPIRITS. 449 tentionally killing a Brahma/^a ; but for intentionally slaying a Brahma;^a no atonement is ordained. 91. 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 ; 92. Or he may drink cow's urine, water, milk, clarified butter or (liquid) cowdung boiling-hot, until he dies ; 93. 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 iyaw?, '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, i, 18-22 ; Vi. LI, 1-4 ; Yagri. Ill, 253-254. 91, 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 Brahma;/as who have drunk any of the three kinds of sura mentioned in verse 95. Nand. reads amohat, and explains it by matipurvakam, ' intentionally.' 93. According to Gov., Kull., Nand., and Ragh., this penance is prescribed for drinking unintentionally paish/iki sura ; according [25] G g // 450 LAWS OF MANU. XI, 94. 94. Sura, indeed, is the dirty refuse (mala) of grain, sin also is called dirt (mala) ; hence a Brahma;/a, a Kshatriya, and a Vai^ya shall not drink Sura. 95. Sura one must know to be of three kinds, that distilled from molasses (gau^i), 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. 96. Sura, (all other) intoxicating drinks and de- coctions and flesh are the food of the Yakshas, Rakshasas, and Pi^aX'as ; a Brahma^^a who eats (the remnants of) the offerings consecrated to the gods, must not partake of such (substances). 97. A Brahma;^a, stupefied by drunkenness, might fall on something impure, or (improperly) pronounce Vedic (texts), or commit some other act which ought not to be committed. 98. When the Brahman (the Veda) which dwells in his body is (even) once (only) deluged with spirituous liquor, his Brahmanhood forsakes him / and he becomes a ^'udra. to ' others ' quoted by Medh. and Ragh., for drinking gau^i or madhvi sura; according to Nan, for intentionally drinking water mixed with madhusura. Medh. himself says idam pra/zatyaya aushadhartham, ' this (is intended) as a medicine for death.' 94. This verse shows, as the commentators point out, the dis- tinction between spirituous liquor distilled from ground grain, 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 to ■ Brahma«as; see also Gaut. II, 20. 95. Madhvi, 'distilled from Madhuka (Maua) flowers' (KuU.), means according to Medh. ' distilled from honey,' according to Nar. ' distilled either from grapes or from Madhuka flowers or from honey.' XI, 104. PENANCES FOR DRINKING SPIRITS. 45 1 99. The various expiations for drinking (the spirituous hquors called) Sura have thus been ex- plained ; I will next proclaim the atonement for stealing the gold (of a Brahma;m). 100. A Brahma;^a who has stolen the gold (of a Brahma;m) shall go to the king and, confessing his deed, say, ' Lord, punish me !' loi. 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;^a (may purify himself) by austerities. 102. He who desires to remove by austerities the / guilt of stealing the gold (of a Brahma;2a), 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. 103. 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. 104. He who has violated his Guru's bed, shall, loo-ioi. 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. 102. Ap. I, 25, 10; Y%«. 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 ; 105. 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 Nirmi (the south-west), until he falls down (dead) ; 106. 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 Y^rikkhrSi. (or hard, penance), revealed by Pra^apati, in a lonely forest ; 107. 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. 108. 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, i, 13-15; Vi. XXXIV, 2 ; LIII, i ; Ya^il. Ill, 259-260. 104. 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. 106. 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 K/7X'X'/;ra penance, see below, verse 212. 107. 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. 108. Nar. takes mahapatal.ina//, 'those who committed mortal XI,li6. PENANCES FOR MINOR OFFENCES. 453 109. 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. I IT. 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. 112. Controlling himself and free from anger, he must stand when they stand, follow them when they walk, and seat himself when they lie down. 113. (When a cow is) sick, or is threatened by danger from thieves, tigers, and the like, or falls, or sticks in a morass, he must relieve her by all pos- sible means : 114. In heat, in rain, or in cold, or when the wind blows violently, he must not seek to shelter himself, without (first) sheltering the cows according to his ability. 115. 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). 116. 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, I ; Gaut. XXII, 18 ; Vi. L, 16-24; Ya^re. Ill, 263-264. III. '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 kilHng a cow. 1 1 7. But after he has fully performed the pen- ance, he must give to (Brahma;^as) 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. 118. Twice-born men who have committed (other) minor offences (Upapataka), except a student who has broken his vow (Avakir;nn), may perform, in order to purify themselves, the same penance or also a lunar penance. 119. But a student who has broken his vow shall offer at night on a cross way to Nirmi a one-eyed ass, according to the rule of the Pakaya^;/as. 120. 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, Br/haspati) and to Agni, reciting the Rik verse ' May the Maruts grant me,' &c. 121. Those who know the Veda declare that a voluntary effusion of semen by a twice-born (youth) who fulfils the vow (of studentship constitutes) a breach of that vow. 122. The divine light which the Veda imparts to 117. Y^gn. Ill, 265. 118-124. Ap. I, 26, 8; Gaut. XXV, 1-4; Vas. XXIII, 1-4; Baudh. II, 1, 30-35 ; Vi. XXVIII, 49-5°; Ya^-'l III, 280. 118. According to Nar. and Nand., the lunar penance is to be performed if the offence was committed unintentionally. 119. 'According to the rule of the Pakaya^was,' i.e. 'according to the Pajukalpa, found in Ajvalayana's and other Grzliya Siatras,' Ajv. Or/. Sutras I, 1 1 (Nar.). 120. The verse is found Taittiriya Ara«yaka II, 18, 4. 122. I read with Medh., Gov., and K., maruta/z, instead of maru- taw (Nand., editions). XI, 127. PENANCES FOR MINOR OFFENCES. 455 the Student, enters, if he breaks his vow, the Mariits, Puruhuta (Indra), the teacher (of the gods, Brzhas- pati) and Pavaka (Fire). 123. When this sin has been committed, he shall go begging to seven houses, dressed in the hide of the (sacrificed) ass, proclaiming his deed. 124. 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. 125. For committing with intent any of the deeds which cause loss of caste (6^atibhra;;^^akara), (the offender) shall perform a Sa?/^tapana ¥^rikkhx2. ; (for doing it) unintentionally, (the Krt/:Mra) revealed by Pra^apati. 126. 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;nya) he shall scald himself during three days with (hot) barley- gruel. 1 2 7. One-fourth (of the penance) for the murder of a Brahma/^a is prescribed (as expiation) for (intentionally) killing a Kshatriya, one-eighth for 125. Regarding the offences called Gatibhrawjakara, see above, verse 68. The Sa?«tapana KnVd/ira. is described below, verse 213. 126. 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. 127. The word 'virtuous' is, according to the commentators, to be understood with ' a Kshatriya ' and ' a Vaijya,' and the rule / 456 LAWS OF MANU. XT, 128. killing a Vaii-ya ; know that it is one-sixteenth for killing a virtuous KSudra. 128. But if a Brahma;^a unintentionally kills a Kshatriya, he shall give, in order to purify himself, one thousand cows and a bull ; 129. Or he may perform the penance prescribed for the murderer of a Brahma;2a during three years, controlling himself, wearing his hair in braids, staying far away from the village, and dwelling at the root of a tree. 130. A Brahma;^a who has slain a virtuous Vai^ya, 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 ^udra, a Vaij'ya. 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. 128. I read with Medh., Gov., Kull. (commentary), Nand., K., ^uddhyartham atmana//, instead of su/faritavrata/^ (editions), which latter reading is evidently wrong. 129. 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 skull instead of a flag, which this verse does not expressly mention, need not be kept. Nand. reads dvyabdam, ' two years,' instead of tryabdam. 130. I read with Gov., Kull., Nar., Ragh., Nand., and K. dadyad vaika^atam, instead of dadyiU/l'aikajatam (Medh., editions, and pro- bably mentioned by Nar.). According to Gov. and Kull. the two penances are to be performed optionally, in case a virtuous Vai-fya has been killed unintentionally. Ragh. seems to hold the same opinion. But Medh. says that the first penance is to be performed for the murder of a Vaij-ya who was less distinguished than the one referred to in verse 127. Nar. finally thinks that the verse refers to a Vaijya engaged in the performance of a sacrifice, and that the XI, 134- PExNANCES FOR MINOR OFFENCES. 457 131. He who has slain a KS'udra, shall perform that whole penance during six months, or he may also o-'wc ten white cows and one bull to a Brah- ma?2a 132. 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 ^'udra ; 133. 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. 134. For killing a snake, a Brahma;^a 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. 131. Gov. and Kull. hold that these penances, too, are to be performed in the case of an unintentional homicide. Medh. explains sitcU, '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.' 132. Ap. I, 25, 13 ; Gaut. XXII, 19; Vas. XXI, 24 ; Vi. L, 30-32 ; Yagn. Ill, 270. Gov., Kull, Nand. expressly state that the penance for the murder of a Sndrz is to be performed for intentionally (thus also Nar.) killing any single one of these animals, while INIedh. 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 Kn'/tMra (Nar.). 133. 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. 2^-9 miles. The hymn mentioned is found Rig-veda X, 9. 134. Gaut. XXII, 23, 25; Vi. L, 34-35; Ya-ft. Ill, 273. 'A Brahma7;a,' i.e. 'even a Brahma«a' (Nar.). The recipient of the gift is in every case a Brahma«a. 45 B ■ LAWS OF MANU. XI, 135. 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. 136. If he has killed a Ha?;2sa, a Balaka, a heron, a peacock, a monkey, a falcon, or a Bhasa, he shall give a cov/ to a Brahma?2a. 137. 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 ; 138. 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 kr/sh/^ala. 139. 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. 140. 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 Kr/X'/C7^ra (penance) in order to remove his guilt. 141. But for destroying one thousand (small) 135. Gaut. XXII, 24 ; Vi. L, 36-39; ^k^- ^^^> 271, 273-274- Kumbha, ' a pot,' i. e. ' of 200 palas' (Nar.). A dro«a, i. e. four a^//akas (Medh.), or 128 palas (Nar.). 136. Vi. L, 33; Ya^il III, 272. 137. Vi. L, 25-28; Ya^w. Ill, 271, 274. 138. Vi. L, 29, 40-41; Y^gn. Ill, 272-273. 'A kr/shwala,' i.e.'of gold' (Medh., Gov., KulL, Nar., Nand., Ragh.). 139. Gaut. XXII, 26; Yagu. Ill, 268. 'Respectively,' i.e. according to the order of the castes. Ragh. adds ' unintentionally.' 140. Y%'^?i. Ill, 274 ; Vas. XXI, 26. 141. 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 6^udra. 142. But for killing (small) animals which have bones, he should give some trifle to a Brahma;2a ; if he injures boneless (animals), he becomes pure by suppressing his breath (pra/zayama). 143. For cutting fruit-trees, shrubs, creepers, lianas, or flowering plants, one hundred RikdiS must be muttered. 144. (For destroying) any kind of creature, bred in food, in condiments, in fruit, or in flowers, the expiation is to eat clarified butter. 145. 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. 146. The guilt incurred intentionally or uninten- tionally by injuring (created beings) can be removed by means of these penances ; hear (now, how) all Ya^fi. Ill, 269. '(Small) animals that have bones,' i. e. ' lizards and the like' (Gov., KulL, Nar.). 142. Vi. L, 47; Yag7i. 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 pa«a (Nar.) or 'eight handfuls of grain' (Nand.). 143. Vi. L, 48; Ya^n. Ill, 276. According to Kull. this penance must be performed for an oflfence 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 7?//^as,' ' the Gayatrt and the like' (KulL), or 'the Gayatri one hundred times' (Nar.). 144. VL L, 49; Ya^ri. Ill, 275. Rasa, 'condiments,' Le. 'mo- lasses, butter-milk and the like ' (Medh., Gov., KulL). 145. Vi. L, 50 ; Yign. Ill, 144. 460 LAWS OF MANU. XI, 147. (sins) committed by partaking of forbidden food (or drink, can be expiated). 147. He Avho drinks unintentionally (the spiri- tuous liquor, called) Varuf^i, 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. 148. 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 ^'aiikhapushpi (plant) has been boiled. 147. Ap. I, 25, 10; Gaut. XXIII, 2 ; Vas. XX, 19; Baudh. II, 1, 19 ; Vi. LI, I, 4; Yzgn. Ill, 255. ' Varum,' i. e. ' liquor distilled from molasses or Maua flowers (gau('/^ra for his purification. 166. (To swallow) the five products of the cow (pa;7/'agavya) is the atonement for stealing eatables of various kinds, a vehicle, a bed, a seat, flowers, roots, or fruit. 163. Vi. LII, 5. According to Medh. and Nar. it is meant that others steahng the same articles from caste-fellows must perform 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. 164. Vi. LII, 6, 'Men and women,' i.e. 'slaves' (Medh.). Ragh. mentions a var. lect. ta^ Cgramyai/z) kravyadbhi/^, and gives as an instance ' a wolf.' 201. Regarding the Apafiktyas, elsewhere called Pafiktidushawas, 472 LAWS OF MANU. XI, 202. 202. A Brahma;^a who voluntarily rode in a carriage drawn by camels or by asses, and he who bathed naked, become pure by suppressing his breath (Pra;/ayama). 203. 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. 204. Fasting is the penance for omitting the daily rites prescribed by the Veda and for neglecting the special duties of a Snataka. 205. He who has said ' Hu;;<;' 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. 206. He who has struck (a Brahma^^a) 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. 'defilers of the company,' see above, III, 151 seq. Nar. remarks that this penance is to be performed by those only for ^Yhom no other expiation is specially prescribed. The 6akala-homas are oblations offered with the eight verses Va^asaneyi-sa;;/hita vm, 13. 202. Vi. LIV, 23; Yagii. 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. 203. Vi. LIV, 10. 'Outside the village,' i.e. 'in a river or the like' (Medh., Gov., Kull., Ragh.). 204. 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 (IMedh., Kull., Nar.). 205. Yngn. Ill, 292. ' One's betters ought to be addressed with "You"' (Medh.). 206. Yagn. Ill, 292. See above, IV, 166. Gov. and Nar. say, ' a Brahma?za more venerable than himself.' XI, 212. DESCRIPTION OF PENANCES. 473 207. But he who, intending to hurt a Brahma;m, has threatened (him with a stick and the Hke) shall remain in hell during a hundred years ; he who (actually) struck him, during one thousand years. 208. 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. 209. For threatening a Brahma;za, (the offender) shall perform a Krz'i/'//ra, for striking him an Ati- Vrikkhx2., for shedding his blood a Y^rikkhxdc and an Atik;'//'/7/ra. 210. 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. 211. 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. 212. A twice-born man who performs (the Y^rik- khrdi 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). 209. Vi. LIV, 30 ; Ydign. 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. 210. Vi. LIV, 34; Yign. Ill, 294. 212. Ap.I, 27,7; Gaut. XXVI, 2-5; Vas. XXI, 20; Baudh. II, 474 LAWS or manu. xi, 213. 213. (Subsisting on) the urine of cows, cowdung, milk, sour milk, clarified butter, and a decoction of Kui-a-grass, and fasting during one (day and) night, (that is) called a Sa???tapana Y^rikk/ivB.. 214. A twice-born man who performs an Atik/V>^- kkvdL (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. 215. A Brahma;^a who performs a Taptakr/X'/^/^ra (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. 216. A fast for twelve days by a man who controls himself and commits no mistakes, is called a Paraka Y^rikk/iYdi, which removes all guilt. 217. If one diminishes (one's food daily by) one 2, 38 ; IV, 5, 6-7 ; Vi. XLVI, 10; Yigii. Ill, 320, According to Medh., food which a wife brings unasked is also ' food given un- asked.' 213. Baudh. IV, 5, 13 ; Vi. XLVI, 19; Yign. 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 (]\Iedh., Gov.). The other commentators give the first explanation only. 214. Gaut. XXV, 18-19; ^3.3. XXIV, 1-2; Baudh. II, 2,40; IV, 5, 8 ; Y^gJi. Ill, 320. 'Above,' i.e. in verse 213. 215. Vas. XXI, 18; Baudh. II, 2, 37 ; IV, 5, 10 ; Vi. XLVI, 11; Yagn. Ill, 318. 216. Baudh. IV, 5, 1 5 ; Vi. XLVI, 1 8 ; Yzgn. Ill, 221. ' Com- mits no mistakes,' i. e. ' with respect to the general rules to be followed during the performance of a Kr/H7/ra,' see Vas. XXIV, 5 (Medh., Nar.). 217-226. Gaut. XXVII; Vas. XXIV, 45-47; XXVII, 21; Baudh. Ill, 8; IV, 5, 17-21 ; Vi. XLVII; ¥%». Ill, 324-327. 217. The form of the lunar penance described in this verse is 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^^a). 218. Let him follow throughout the same rule at the (KandraysLnsi, 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). 219. 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). 220. 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. 221. 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. 222. 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. 223. Burnt oblations, accompanied by (the recita- tion of) the Mahavyah7'/tis, must daily be made (by the so-called pipilikamadhya or ant-shaped one, where the fast or lean days lie in the middle. 218. It will be advisable to read with IMedh. and Gov., in the second line, y^aret instead of /^aran. Gov. has /^aran in the first line. Nand. reads the last words quite differently, (niyata^) X-andra- yawam athaparam. 221. ' In any way,' i. e. 'without observing any particular limit as to the number of mouthfuls to be eaten on each day' (Nar.). 476 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. 224. Let him bathe three times each day and thrice each night, dressed in his clothes ; let him on no account talk to women, ^'udras, and outcasts. 225. 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;ms. 226. Let him constantly mutter the Savitri 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. 227. 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. 224. IMedh. remarks that the penitent may however talk to the female members of his household, if an occasion requires it. 225. Vratt syat, 'observe the vows (of a student),' i.e. 'wear the girdle of ]Muf?^a-grass, a staff and so forth' (Gov., Kull. Nar.), means according to Medh. ' let him resolve to abstain from that which is not forbidden by good men.' 226. ' Purificatory texts,' i. e. ' the Aghamarshawa, the Pavamams and so forth ;' see Vi. LVI. ' (Other) vows,' i. e. ' the KrzH'/^ras.' 227. Vas. XXV, 3. Penances are usually imposed by a parishad, an assembly of learned Brahma^^as. In the case of secret sins the penances shall be settled by the learned in a general way, not with reference to a special case. By this interpretation the commentators get over the difficulty which the reading j-odhayet, ' let him purify,' offers. But Nar. reads anavishkn'tapapa^ tu mantrair homaii- kz jodhanai>^, ' but those whose sins are not known, by sacred texts and burnt oblations, (declared to be) means of purification.' XI, 235- PENANCES ; THE POWER OF AUSTERITIES. 477 228. 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. 229. 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. 230. In proportion as his heart loathes his evil deed, even so far is his body freed from that guilt. 231. 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) ' I will do so no more.' 232. 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. 233. 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. 234. 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). 235. All the bliss of gods and men is declared by the sages to whom the Veda was revealed, to have ^<^ 228. Apadi, 'in case no other course is possible,' i.e. 'if the offender is unable to perform penances or to recite Vedic texts.' 230. ' His body,' i. e. ' the soul in his body' (Medh., Gov., Kull., Nand.), or 'the subtle body' (Nar.). 231. Instead of naiva?«, 'so no (more),' Nar. reads naina/z ('I will) not sin (any more),' and K.'s reading nainaw points to the same var. lect. Gov., Nand., and the best MS. of ]\Iedh. 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.' 235. ' To have austerity for its root, austerity for its middle, and 478 LAWS OF MANU. XT, 236. austerity for Its root, austerity for its middle, and austerity for its end. 236. (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 Vai.rya, and service the austerity of a ^'ildra. 237. 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. 238. Medicines, good health, learning, and the various divine stations are attained by austerities alone ; for austerity is the means of gaining them. 239. 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. 240. Both those who have committed mortal sin (Mahapataka) and all other offenders are severally freed from their guilt by means of well-performed austerities. 241. Insects, snakes, moths, bees, birds and beings, bereft of motion, reach heaven by the power of austerities. austerity for its end,' i. e. ' to be produced, to continue, and to end in consequence of austerities performed' (Medh., Kull., Nar.). 238. Medh. explains aushadiiani, ' medicines," by 'elixirs.' Instead of agado (Kull, K., Ragh.) Medh., Gov., Nar., and Nand. read agada/i!, and explain it by ' medicines' (Medh., Nand.), ' remedies or charms against poison' (Gov., Nar.). 241. Instead of ki/aj- ka, 'insects,' Nar. reads jvana^ ka,, 'dogs.' Gov. and Nand. say that the verse refers to the Ki/opakhyana and the Kapotakhyana, told in the Itihasas (Mahabharata XII). XI, 249. penances; austerity; secret sins. 479 242. Whatever sin men commit by thoughts, words, or deeds, that they speedily burn away by penance, if they keep penance as their only riches. 243. The gods accept the offerings of that Brah- ma;/a alone who has purified himself by austerities, and grant to him all he desires. 244. 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. 245. The gods, discerning that the holy origin of this whole (world) is from austerity, have thus pro- claimed the incomparable power of austerity. 246. 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. 247. 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. 248. The penances for sins (made public) have been thus declared according to the law ; learn next the penances for secret (sins). 249. Sixteen suppressions of the breath (Pra;^aya- ma) accompanied by (the recitation of) the Vyahmis 245. I read with all the commentators and K. at the end of the verse, udbhavam, instead of uttamam (editions). 246. Vas. XXVII, 7 ; Yagn. Ill, 311. 247. Vas. XXVII, 1-2. 248. Kull. and Ragh. state that Gov. omits this verse, while ]\Iedh. 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. 249. Vas. XXVI, 4; Vi. LV, 5; Baudh. IV, i, 29. The best V 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. 250. 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) ^Suddhavatis. 251. 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 Hotre-priest' and the S'lva.- sa;;2kalpa. 252. The violator of a Guru's bed is freed (from sin), if he repeatedly recites the Havishpanttya (hymn), (that beginning) ' Neither anxiety nor mis- fortune,' (and that beginning) ' Thus,, verily, thus,' and mutters the hymn addressed to Purusha. 253. He who desires to expiate sins great or explanation of the words ' accompanied by (the recitation of) the Vyahrz'tis and (of) the syllable Om' is Nar.'s, who asserts that they indicate the necessity of reciting the Gayatri with the .Siras text during the performance of each Prawayama; see Vas. XXV, 13. 250. Vas. XXVI, 5. The hymn seen by Kutsa, i. e. Rig-veda I, 97 ; that seen by Vasish///a, i.e. Rig-veda Vll, 80. The Mahitra hymn, i. e. Rig-veda X, 185. The -5'uddhavatis, i. e. Rig-veda VIII, 84, 7-9. Medh., Gov., Nar., and K. read mahendram for mahi- tram, and Nar. adds that some give the latter reading. The hymns are to be recited during a month sixteen times (Gov., Kull., Ragh.), or 108 times a day (Nar.). 251. Vas. XXVI, 6. The hymn is found Rig-veda I, 164 ; the ^ivasa;«kalpa, Va^. S>a.??ih. XXXIV, i. 'Once,' i.e. 'once daily during a month ' (Gov., Kull., Nar.). 252. Vas. XXVI, 7 ; Yagil. Ill, 305, The four hymns are Rig- veda X, 88; X, 126 ; X, 119 ; and X, 90. 253. The two verses are found Rig-veda I, 24, 14, and VII, 89, 5. XI, 258. PENANCES FOR SECRET SINS. 48 I small, must mutter during a year the i?//C'-verse 'May we remove thy anger, O Varu;^a,' &c,, or ' Whatever oftence here, O Varu;/a,' &c. 254. That man who, having accepted presents which ought not to be accepted, or having eaten forbidden food, mutters the Taratsamandtya {Rikdis), becomes pure after three days. 255. 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. 256. 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. 257. 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 Rik, (beginning) ' Adoration.' 258. 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. 254. Gaut. XXIV, 2-3; Baudh, IV, 2, 4-5. The verses are found Rig-veda IX, 58, 1-4. 255. The verses are found Rig-veda VI, 74, 1-4, and IV, 2, 4-6. 256. The verses are found Rig-veda I, 106, 1-7. 257. The ]\Iantras for the ;>Sakala-homas, i. e. Va^. Sa?;;h. VIII, 13. The verse is found Rig-veda VI, 51,8, According to Nar. the Mantras must be muttered 108 times. 258. The Pavamani hymns, i.e. the ninth Ma«^ala of the Rig- veda. [25] I i 482 LAWS OF MANU. XI, 259. 259. Or if, pure (in mind and in body), he thrice repeats the Saw^hita of the Veda in a forest,. sancti- fied by three Paraka (penances), he is freed from all crimes causing loss of caste (pataka). . ^ ^/ 260. 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. 261. As the horse-sacrifice, the king of sacrifices, removes all sin, even so the Aghamarsha;^a hymn effaces all guilt. 262. A Brahma;m who retains in his memory the ^/g-veda is not stained by guilt, though he may have destroyed these three worlds, though he may eat the food of anybody. 263. He who, with a concentrated mind, thrice recites the i?2/'sa7;zhita, or (that of the) Ya^ir-veda, or (that of the) Sama-veda together with the secret(texts, the Upanishads), is completely freed from all sins. 264. 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. 265. The 7?//'as, the Ya^us(-formulas) which differ (from the former), the manifold Saman(-songs), must 259. 'The Sa7«hita,' i. e. the Mantras and Brahma/zas (Kull., Ragh.), the former alone (Nar.). 'Paraka penances,' see above, verse 216. The verse seems to refer to the Anajnatparayawa, fully described by B-iudh. Ill, 9. 260-261. Gaut. XXIV, 10-12; Vas. XXVI, 8; Baudh. Ill, 5; IV, 2, 15 ; Vi. LV, 7 j X'kgn. Ill, 302. The Aghamarshawa is found Rig-veda X, 190. 262. Vas. XXVII, 3. 263. Baudh. IV, 5, 29. 264. I read wi'.h Gov., Nand., and K. pr. manu 'kshipram' instead of ' kshiptam ' (Aledh., K. sec. manu, editions). ■ 265. Medh. and Gov. read adyani, 'chief,' instead of anyani, 'which differ.' Medh. exi)lains it as 'either those found in the XIT, 4. TRANSMIGRATION. 48 3 be known (to form) the triple Veda ; he who knows them, (is called) learned in the Veda. 266. 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. 1. 'O sinless One, the whole sacred law, (appli- cable) to the four castes, has been declared b y thee ; communicate to us (now), according to the truth, the ultimate retribution for (their) deeds.' 2. To the great sages (who addressed him thus) righteous Bh;^/gu, sprung from Manu, answered, ' Hear the decision concerninp- this whole connexion with actions.' 3. 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. 4. Know that the mind is the instigator here Sawhita, not those read in the Brahmaz/a or those recited according to the Sawhitapa/Zza, not those recited according to the Pada or KramapaMas.' Gov. gives the first explanation only. 266, K. omits this verse, and inserts in its stead the following lines: esha vo vadita['bhihita]s sarva^^ prayaj/^ittavi«ir«aya/z 1 nai//jreyasara karmavidhim viprasyaitaw nibodhata n ata/^ param pravakshyami sa/;zsaravidhim uttamam i Nand. gives the first two lines after verse 266, reading, however, ityesha(?)bhihita^. XII. I. 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.' 4. ' Of three kinds,' i. e. ' good, middling, or bad.' ' Has three I i 2 4S4 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. 5. 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. 6. Abusing (others, speaking) untruth, detracting from the merits of all men, and talking idly, shall be the four kinds of (evil) verbal action. 7. Taking what has not been given, injuring (creatures) without the sanction of the law, and holdinof criminal intercourse with another man's wife, are declared to be the three kinds of (wicked) bodily action. 8. (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. 9. In consequence of (many) sinful acts committed with his body, a man becomes (in the next birth) something inanimate, in consequence (of sins) com- locations,' i. e. ' the mind, speech, and the body.' ' Falls under ten heads,' i.e. 'those mentioned in verses 5-7.' The mind, which is here called the instigator, is the internal organ, which has the faculty of sa7«kalpa, ' volition.' 5. ' Thinking in one's heart what is undesirable,' means accord- ing to Medh. cither ' thinking of or wishing anything that may be injurious to others or what is forbidden.' Gov. and Nar. give the first explanation, the other commentators the second. Others mentioned by Medh. exiilained vitathabhinive^am, 'adherence to false doctrines' (i. e. the denial of a future state, of the authority of the Vedas and so f. rth), by 'a constant deep hatred.' In their remarks on this verse and the next two, the commentators point out that the opposites of the acts mentioned are the different kinds of good actions. 5-9. Y%7l. 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. 10. That man is called a (true) trida;/<2'in in whose mind these three, the control over his speech (vag- da;^^/a), the control over his thoughts (manoda/zrt'a), and the control over his body (kayadanda.), are firmly fixed. 11. That man who keeps this threefold control (over himself) with respect to all created beings and wholly subdues desire and wrath, thereby assuredly gains complete success. 12. Him who impels this (corporeal) Self to action, they call the Kshetra^;1a (the knower of the field) ; but him who does the acts, the wise name the Bhutatman (the Self consisting of the elements). 1 3. Another internal Self that is generated with all embodied (Kshetra^/^as) is called Giv3., through which (the Kshetra^;7a) becomes .sensible of all pleasure and pain in (successive) births. 10. Usually an ascetic who wears three staves (dandsC) tied to- gether, is called a hid^ndin. According to our verse this outward sign avails nothing. That man only deserves the name tridandm who keeps a threefold control (da;/(/a) over himself. 11. ' Complete success,' i. e. ' final liberation.' 12. 'This (corporeal) Self,' i.e. 'the body' (Medh., Gov., Kull.), or 'the gross visible body which includes the three sheaths' (Ragh., Nar.). ' The Kshetra^^la (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 XllI, 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 Civa' (Nand.). 13. According to Medh. 'some' understand by the term Giva ' the subtile body (liiiga .yarira) which is overspread by Mahat, the Great One,' because the individual soul, which is usually called 486 LAWS OF MANU. XII, 14. 14. These two, the Great One and the Kshetrai^;^a, who are closely united with the elements, pervade him who resides in the multiform created beings. (?iva, has been mentioned in verse 1 2 under the appellation Kshe- tra^ita. He adds that ' others' explain Gha. by ' the internal organ, which has the form of mind, intelligence, and egoism.' The former view is adopted by Ragk, while Gov., who paraphrases G^iva by mana//, ' the mind,' and Kull. as well as Nar., who render it by ' Mahat,' ' the Great One or intelligence,' lean towards the second. Nand. says, ' givas3.?/ign:i/i means "he who fully knows the Givas," i. e. the omniscient.' Sahara//, ' 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.' 14. The term mahan, 'the Great One,' is referred by INIedh., Gov., Kull., Nar., Ragh. to the (7iva mentioned in the preceding verse, and hence is explained by each in accordance with the view expressed on verse 1 3. Bhutasa;«p;7'ktau, ' closely united with the elements' (Medh., Gov., Kull.), or 'enveloped by the elements' (Ragh.), means according to Nar. 'united with the Bhutatman.' Sthita;;^ law 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 tish/Z/ata//) " 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/z is to be taken as a transitive verb (sarvakarmatva/^/ [sakarmatva?«] 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 created beiYigs, 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 15. 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. I 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.' 15. ' 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 JMedh., and Nand. explain the expression by ' from the root-evolvent or matter (prak;7'ti) which is the body of the Supreme Soul.' Murtaya//, 'forms,' i.e. 'Kshetra^iias'(Gov., Kull, Nar.), or 'souls limited by subtile bodies' (Ragh.), or ' portions which are the causes of the production of forms' (Nand.). 16. Dhruvam, 'strong,' i.e. 'able to withstand the supernatural torments' (Medh., Kull, Ragh.). Gov. and Nand. read dr/^'/mm. 17. 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 dushkr/tino g\\^h, ' the evil-doing souls.' The foririer 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. 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- pordon of their works' (vibhagajas tatkarmavibhaganuriapam). But it seems lo me that these attempts to save the grammatical reputa- tion of the author are useless. 18. The translation follows the reading of Gov. (comm.), Kull.^ Nand., and Ragh., anubhuyasukhodarkan. 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^«a, 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 Kshetrao-fta' (mentioned verse 14), according to Nar. and Nand. (on verse 19) 'the Giva. and the Paramatman or Supreme Soul' JNIedh. adds that under his explanation the verse looks as if it were self-contradictory, be- cause the end to be attained and the attainer are the same, but that the distinction is merely figurative. For the expression ' he approaches' means 'he becomes nothing else but that' [i.e. after 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 prapta/« ta./c ka. viruddhaw sa eva prapya[//] prapakai- kj. I satyam aupaHriko bhedo 'bhipreta/i I abhyeiity ayam arthaZ' I etavanmalra^esho bhavati yad uta kshe- tra^'-fiataya praptadisa?//ghatmakena mahan iti vyapadish/ena pha- leshu tavanmatra/i pari^ishyate I linga^iva.? /;a ksheiragnTi/i 11 Ragh., the only other commentator, who occupies himself with the ulterior meaning of the verse, renders abhyed, ' he approaches,' by anu- gaWiatx, 'he follows,' and adds 'in order to produce a new body' (jarirantararambhaya). He further quotes .Satapadia-brahma/za XIV, 7, 2,5, in order to show that according to the Veda the individual soul, united with the subtile body, makes for itself another body. XTI, 24. TRANSMIGRATION. 489 19. 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. 20. If (the soul) chiefly practises virtue and vice to a small degree, it obtains bliss in heaven, clothed with those very elements. 21. But if it chiefly cleaves to vice and to virtue in a small degree, it sufl'ers, deserted by the elements, the torments inflicted by Yama. 22. The individual soul, having endured those torments of Yama, again enters, free from taint, those very five elements, each in due proportion. 23. 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. 24. Know Goodness (sattva), Activity (ra^as), and Darkness (tamas) to be the three qualities of the 19. '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 ]\Iahan and the Paramatman ; according to Ragh., the INIahan and the Kshetra^^Ha. Pajyata/i, '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 Hne very differently: 'Those two (merit and demerit) watchfully attend him (the Kshetra^ir/'^a) ^vho 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^na. 20. ' With those very elements/ i. e. ' with a gross body consisting of the before-mentioned five elements.' 21.' Deserted by the elements,' i. e. ' after death' (Kull, Nar.). 22. Medh. and K. read abhyeti for apyeti. 24. YRgrt. Ill, 182. 'Of the Self,' i.e. ' of the Mahat ' (Kull., 490 LAWS OF MANU. XII, 25. Self, with w^hich the Great One ahvays completely pervades all existences. 25. When one of these qualities wholly predomi- nates in a body, then it makes the embodied (soul) eminently distinguished for that quality. 26. 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. 27. 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. 28. 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., Nand.), the latter two saying mahattattvasya, ' of the (Sawkhya) principle, called INIahat.' Medh.'s somewhat longer discussion arrives at the same result. 25. '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.' 26. KuU. 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.' 27. 'A (feeling) full of bliss,' i. e. ' without any particular cause for such a sensation' (Gov.). I take tatra, which Gov. and KuU. explain by tasmin and construe with atmani, in the sense of teshu, ' among those three.' Ragh. says tatreti tribhi/^. 28. Medh. has apratipam, which he explains by apratyaksham, ' not perceptible by the senses/ instead of apratigham, ' difficult to conquer.' ^^I. 33- TRANSMIGRATION. ^g I 29. What is coupled with delusion, what has the character of an undiscernlble mass, what cannot be fathomed by reasoning, what cannot be fully known, one must consider (as the quality of) Darkness. 30. I will, moreover, fully describe the results which arise from these three qualities, the excellent ones, the middling ones, and the lowest. 31. 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. 32. Delighting in undertakings, want of firmness, commission of sinful acts, and continual indulgence in sensual pleasures, (are) the marks of the quality of Activity. 33. Covetousness, sleepiness, pusillanimity, cruelty, atheism, leading an evil life, a habit of soliciting favours, and inattentiveness, are the marks of the quality of Darkness. 29. I follow Gov., Kull, Nar., Mgh., and K., who read avyakta- vishayatmakam instead of avyakta?;^ 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.). Avyaktavishayatmakani, 'what has the^ character of an undiscernlble 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' (aprakajo vishaya atma Aa. yatra). 31. 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' (sattvikaw sattva^anya;« guwasya tasyaiva lakshanam /^ihnam). 32. Adhairyam, 'want of firmness,' means according to Nar. ' want of a contented disposition.' 33. Bhinnav/vUita, ' leading an evil life,' i.e. 'omitting to live 492 LAWS OF MANU. XII, 34. 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). 35. 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. 2)6. 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. 37. 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. 38. 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//, ' inattentiveness,' i. e. 'to duty.' 34. Instead of trishu, 'in the three (times,' INIedh., Gov., Kull., Ragh.), Nand. reads n/7shu, ' in men.' Nar., who reads trishu, explains the words traya«a;« guwanam, trishu as follows : ' of the three,' i. c. ' of the study of the Veda and so forth ;' ' of the guwas, i. e. ' of the three classes of virtues ;' 'in the three,' i. c. ' in the three original qualities.' 36. Nand. has ri7c/:/ia.t\ instead of i-^/tati. I read with INIedh., Gov., Kull., Nar., Ragh., and Nand., na X-a j-oMi instead of sa ^a sokaii (editions). K. reads naiva. ' And feels no sorrow on failing,' i. e. ' if on failing to accomplish his undertaking he begins another, but does not desist from it out of sorrow, tliat is the meaning' (Ragh.). 37. Instead of yat sarvewa (Gov., Kull.), JMedh. and K. read ya/i sarvewa, and Nand. sarva/« yene°. ' Which with his whole (heart) he desires to know,' i. e. ' the meaning of the Veda and so forth' (Kull., Ragh.). Xir, 44- TRANSMIGRATION. 493 merit the mark of Goodness ; each later (named quahty is) better than the preceding one. 39. I will briefly declare in due order what trans- migrations in this whole (world a man) obtains through each of these qualities. 40. 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. 41. 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). 42. 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. 43. Elephants, horses, vSudras, and despicable bar- barians, lions, tigers, and boars (are) the middling states, caused by (the quality of) Darkness. 44. A'ara^^as, Supar/^as and hypocrites, Rakshasas 40. Yzgn. Ill, 137-139. 41. 'Of the knowledge (of each man)/ i. e. 'if the acts were committed intentionally or not' (Medh.). 42. 'Immovable (beings),' i. e. 'trees and so forth.' Pa^ava/^, 'cattle,' i. e. ' cows and so forth'(Nar.), or 'dogs and so forth' (Ragh.). Instead of saka/v/^/iapa/z (Gov., KulL, Ragh.), ' and tortoises,' Medh., Nar., and Nand. read sarisr/pa/i, 'creeping things,' i.e. 'scorpions and the like' (Nar.). Instead of mr/gai- X'aiva (Gov., KulL, Ragh.), ' and wild animals (or deer),' Medh. and Nand. have jrigala^' X.'a, ' and jackals.' 43. MleM/iak, 'barbarians,' i.e. ' 5'abaras and so forth' (Nar.). 44. A'ara/za 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. ^ill, 45- and ?is§i/c2is {belong to) the highest (rank of) condi- tions among those produced by Darkness. 45. G/iaWdiS, 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. 46. Kings and Kshatriyas, the domestic priests of kinos, and those who delight in the warfare of dispu- tations (constitute) the middling (rank of the) states caused by Activity. 47. 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. 48. 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. Suparwas are the bird-deities, mentioned above, I, 37. 45. G/nillas, ]\Iallas, 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 /'a kuvr/tlaya//, 'men who subsist by despicable occupations,' instead of purusha// i-astravr/ttaya//, 'men living by the trade of arms' (Kull., editions). 46. With respect to the low estimation in which domestic priests are held, see the verse quoted Pa??>C'atantra II, 6^ (Bombay edition). Nand. reads danayuddhapradhanaj ^a, 'very liberal men, and those delighting in strife.' 47. 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.' 48. Medh. mentions an opinion, held by 'others,' according to XIT, 5T. TRANSMIGRATION. 495 49. 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. 50. 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. 51. 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 van lect. Siddha/;. 49. ' 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//;atri devata) are intended. 50. Brahma, i. e. ' Hira;/yagarbha ' (Gov., Kull., Ragh.). ' The creators of the universe,' i.e. ' Mank'i and the rest;' see above, I, 35 ; 'the law,' i. e. ' either the meaning of the Veda or the incarnate law' (IMedh.); according to the other commentators, the latter only. ' The Great One,' i. e. ' the deity presiding over the principle (of the Sa/;^khya 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 (pararnatman). Nar. explains ' the Undiscernible ' by ' egoism.' Medh., Gov., and K. read avyakta eva ^a instead of avyaktam eva /fa. 51. Medh. and K. read esha dharma/z, 'Thus the law with respect to the threefold action, &c.' Nand. places verse 81 imme- diately after this. 496 LAWS OF MANU. XII, 52. 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. 53. What \vombs this individual soul enters in this world and in consequence of what actions, learn the particulars of that at large and in due order, 54. 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. 55. The slayer of a Brahma;za enters the womb of a dog, a pig, an ass, a camel, a cow, a goat, a sheep, a deer, a bird, a A^az/^^fala, and a Pukkasa. 56. 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. 57. A Brahma/^a who steals (the gold of a Brah- ma/2a shall pass) a thousand times (through the bodies) of spiders, snakes and lizards, of aquatic animals and of destructive Fisakas. 58. The violator of a Guru's 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. 52. Yagri. Ill, 219. 'Fools,' i.e. 'those who do not perform penances' (Gov., Kull.). 55. Yagfi. Ill, 207. Nand. reads Pulkasa, INIedh. and Gov. Pu/l'/^kasa with a GihvamuUya which looks like s/i. 56. Ya.gn. Ill, 207. 57. YiigTi. Ill, 208. 'Aquatic animals,' i.e. 'crocodiles and so forth' (Gov.). Gov. explains luta, ' spider,' by ' scorpion.' K. omits this verse. 58. Yagri. Ill, 208. The commentators explain ' carnivorous XII, 63. TRANSMIGRATION. 497 59. 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. 60. 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;^a become Brahmarakshasas. 61. A man who out of greed has stolen gems, j pearls or coral, or any of the many other kinds of / precious things, is born among the goldsmiths. 62. 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 ; 63. 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 6'abaras ; ' according to Kull., ' animals such as tigers.' 59. 'Creatures consuming their own kind,' i.e. 'fish and the like.' Nand. places verse 60 before verse 59. 60. Yfi^jl. Ill, 212. 'A Brahmarakshasa,' lit. 'a Brahma«ical Rakshasa,' is an evil spirit. K. omits this verse. 61. Yai,'7l III, 213. According to another explanation, which Medh. considers the only admissible one, and which the other commentators mention as an alternative, hemakartr?', ' a goldsmith,' is the name of a bird. 62. Ya^w. Ill, 214, 215; Vi. XLIV, 15-20. Rasam, 'condi- ments,' i. e. the juice of sugar-cane, &c. (Kull.), means according to Nar. ' quicksilver.' 63. Ya^fi. Ill, 211, 215; Vi. XLIV, 21-25. I 'ead with Medh., Gov., and Nand., vasam, ' fat,' instead of vapam (Kull., editions) ; [25] K k 498 LAWS OF MANU. XIT, 64. kind called) Tailapaka, for stealing salt a cricket, for stealing sour milk a bird (of the kind called) Balaka. 64. 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 ; 65. 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. 66. For stealing fire he becomes a heron, for stealing household-utensils a mason-wasp, for steal- ing dyed clothes a francolin-partridge ; 67. 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. 68. 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. A'irivaka, ' a cricket,' may also mean ' a cicada.' Nand. reads A'akravaka, ' a Brahmam duck.' 64. Yagrl. Ill, 215; Vi. XLIV, 25-30. Regarding Vagguda, 'the flying-fox,' see note on Gaut. XVII, 34. Ragh. confirms the explanation given there, as he says that it is a bird flying at night. Medh. and Nand. seem to have had a different reading at the end of the verse. The MSS. of the former have kraufiX'o godha mawsasliu valgutiy^ (?), and that of the latter godha gavyaw dado jallam (?). 65. Y%«. Ill, 213 ; Vi. XLIV, 31-34. 66. Yagn. Ill, 214-215; Vi. XLIV, 35-37. 67. Y.^i). Ill, 214; Vi. XLIV, 38-43. 68. \%}1. Ill, 217; Vi. XLIV, 44. XIT, 72. TRANSMIGRATION. 499 69. 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). 70. 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. 71. 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, 72. A Vai^ya who has fallen off from his duty becomes a Maitraksha^yotika Preta, who feeds on pus ; and a ^'udra, a A^aila^aka (Preta, who feeds on moths). 69. Vi. XLIV, 45. 'In like manner,' i. e, 'intentionally' (Gov., KulL). 70. I follow Medh., Gov., Nar., Nand., Ragh., and K., who read dasyushu instead of ^atrushu, ' of their enemies ' (editions). Gov. explains dasyushu by jatrushu, 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 Pi^a/^as among the Dasyus.' His reading looks like a correction made on account of the next verses. 71. 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. 72. Maitraksha^yotika is, according to Medh., Kull., and Ragh., 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.' ^ailajaka, ' a (Preta) who feeds on moths ' (Gov.), means according to Kull., 'who feeds on body-lice.' ^ela^-aka is the reading of Gov., Nar., and Nand. K k 2 500 LAWS OF MANU. XII, 73. 73. In proportion as sensual men indulge in sensual pleasures, in that same proportion their taste for them grows. 74. By repeating their sinful acts those men of small understanding suffer pain here (below) in various births ; 75. (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 ; 76. 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 ; "]•]. And births in the wombs (of) despicable (beings) which cause constant misery, and afflictions from cold and heat and terrors of various kinds, 78. The (pain of) repeatedly lying in various wombs and agonizing births, imprisonment in fetters hard to bear, and the misery of being enslaved by others, 79. 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, 80. Old age against which there is no remedy, the 73. I follow Medh. and Gov., who explain kiualata, literally ' cleverness' (Kull., Ragh.), by ekarasibhava//. 75-76. See above, IV, 88-89 ; Y^gn. Ill, 206, 221-225. 76. Medh. reads karambhavalukas tapta//, and explains karam- bha// by karmada// (kardama/^ ?), 'heated mud and sand (?)'. The translation follows Kull.'s and Ragh.'s notes. Medh., Gov., Ragh., Nand., and K. read sudu//sahan, ' very hard to bear,' which has been given above, instead of daiu?/an, 'terrible' (Kull., editions). XII, 86. SUPREME BLISS. 5OI pangs of diseases, afflictions of many various kinds, and (finally) unconquerable death. 81. But with whatever disposition of mind (a man) performs any act, he reaps its result in a (future) body endowed with the same quality. 82. All the results, proceeding from actions, have been thus pointed out ; learn (next) those acts which secure supreme bliss to a Brahma;/a. S^. Studying the Veda, (practising) austerities, (the 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. 84. (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, 85. (The answer is that) the knowledge of the Soul is stated to be the most excellent among all of them ; for that is the first of all sciences, because immortality is gained through that. 86. Among those six (kinds of) actions (enumer- 81. E.g. if while a man performs an act his disposition is sattvika, or ' chiefly penetrated by the quahty of Goodness,' he will reap its reward in a body produced chiefly by that quality, e. g. that of a god. 83. Y^gn. III, 190. 84. Medh. omits this verse. 85. Yagn. I, 199. ' The knowledge of the Soul,' i. e. not that of the Kshetra^-fia, 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.' 86. Medh. takes the genitive sha«/zam, 'among those six,' in the 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. 87. 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. 88. 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 xS'rauta rites, such as the Gyo- tish/oma,' or 'those called further on, in verses 88-89, nivr/tta,' 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 INIedh.'s second explanation, and says, ' acts, taught in the Veda,' i. e. ' sacrifices and so forth, performed without the intention 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 second explanation seems to be the best, on account of verses 89 and 90, where ' knowledge,' i. e. ' the knowledge of the Supreme Soul' (see verse 85) and the performance of the nivr/ttam karma are said to effect final hberation. The explanation of the genitives shawwam etesham by ' among those six' may perhaps be defended, if 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. 87. Kull. alters his explanation of vaidika;;/ karma slightly, and interprets it by 'the worship of the Supreme Soul' (paramatmopa- sana), and quotes Br/hadara?/yaka-upanishad IV, 4, 22 in support of his view. The other commentators find no difficulty in showing that both ' the ^rauta sacrifices' and 'the nivr/ttakhyaw karma' include all the six points mentioned above, verse 83. I read in the first line with K. hi instead of tu (INIedh., Gov., Kull., Nand.). 88. Kull. again changes his explanation of the expression ' acts XIT, 91. SUPREME BLISS. 50^ cause a continuation (of mundane existence, pra- vr/tta), and such as ensure supreme bliss and cause a cessation (of mundane existence, nivrma). 89. Acts which secure (the fulfilment of) wishes in this world or in the next are called pravr/tta (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 nivr/tta (such as cause the cessation of mundane existence). 90. He who sedulously performs acts leading to future births (pravr/tta) becomes equal to the gods ; but he who is intent on the performance of those causing the cessation (of existence, nivr/tta) indeed,, passes beyond (the reach of) the five elements. 91. He who sacrifices to the Self (alone), equally recoenisinor the Self in all created beings and all created beings in the Self, becomes (independent like) an autocrat and self-luminous. tauo-ht in the Veda,' and takes it to mean ' sacrifices like the Gyo- lisli/oma and the worship of images.' 89. Medh, explains ^manapiarvam, ' preceded by (the acquisition of true) knowledge,' to mean ' whereof knowledge is the chief (part,' ^wanam adyara mukhyaw yasya). 90. KuU. remarks that the expression ' becomes equal to the gods' gives only an instance of the rewards attainable by kamyani karmawi. ' Passes beyond (the reach of) the five elements,' i. e. ' casts off the subtile body' (Nar.), or 'obtains final liberation' (Medh., Gov., Kull.). 91. li'a-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 k^. devata mati [ihaiva devata iti.?], Medh., similarly Gov. and Nar,), means according to KulL, Ragh., and Nand., ' he who performs the 6^yotish/oma and the like (sacrifices) in the manner of the Brahmarpawa,' i. e. in such 504 LAWS OF MANU. XII, 92. 92. After giving up even the above-mentioned sacrificial rites, a Brahma;^a should exert himself in (acquiring) the knowledge of the Soul, in extinguish- ing his passions, and in studying the Veda. 93. For that secures the attainment of the object of existence, especially in the case of a Brahma;/a, because by attaining that, not otherwise, a twice- born man has gained all his ends. 94. 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/z, Gov.), or ' I am, as it were, the whole world '(aham ivaita^^agat, Medh.) and ' all created beings are contained in me ' (ma}7 avasthitani. Gov., mayi sthitani, Medh.). Kull., Ragh., and Nand. (who reads sampai'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 wiih him. The double rendering of the term svara^am is based on the double meaning of the verb r%, ' to rule ' and ' to shine.' JNIedh. 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. 92. '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. 93. Nand. omits this verse. Kritakr/tya/z, ' has gained all his ends' (JNIedh.), is taken by Gov. in its other sense, 'has done all he ought to do' (k;-/takara;/iya//). 94. Instead of a^akyam, ' 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' (tarkewanyathasambhavam, Nar.; idrzsam ity adhyavasatum XII, 98. SUPREME BLISS. 505 95. All those traditions (smmi) 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. 96. All those (doctrines), differing from the (Veda), which spring up and (soon) perish, are worthless and false, because they are of modern date. 97. 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. 98. 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 apaumsheyatvat, Nand.). Aprameyam, 'beyond (ihe 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 Mima;«sa and so forth. 95. As an example of false traditions Medh. names 'rules such as " Heavenly bliss is attained by worshipping A'aityas," which occur in the ^-obha and other Siddhantas of the Nirgranthas (Digambara Gainas).' 'Despicable systems of philosophy,' e.g. ' that of the ^arvakas' (KulL). Pretya. ' after death ' (paraloke, Gov., Kull.), means according to jNIedh. prakarsham prapya, ' after attaining eminence.' Medh. mentions the explanation adopted above as that of ' others,' and adds that it requires the reading prete. 97. Nar. and Ragh. explain prasidhyati, ' are made known,' by ^ayate, 'are produced.' Gov. and KuU. point to III, 76- 98. 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 guwakarmata/^, and Gov. seems to have adopted the same version, though the text of the Pu«a MS. has prabhutagu«akarmata/;. Kull. and Ragh. give prasutiguwakarmata/? ; Nand. prasutigu/zakarmabhiA, and Nar. prasutigu«adharmata/z, with which reading a var. lect , mentioned by Medh., prasutegu«adhar- mata// may have originally agreed. In concluding his note on the 506 LAWS OF MANU. XII, 59. 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/^itryapa//iantara«i 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' (jabdadinam bhogyatvena sukhasadhananaw vedad eva prasiddhi/2 1 vaidikakarmanush///anad gitadij'abdopa- patti/^ . . . . na punar veda upadanakara^am .... etad aha prasutir gu«akarmata/^ I prasuti// j'abdadinam utpatti/; 1 tadartha/;/ gu«a- karma phalarthatvat pradhanakarme [ma] k'a. /^itradishu gu;/adharma [karme] ty uktam). Gov.'s short note in substance agrees with this view (ye svargadiviprata [shaya] upabhogyatvenabhimata/z jab- dadayo vishayas te 'bhimatavishayopabhogotpattyartha/« yad upa- karaka;;/ karmagnihotradika;« tadanush/Z^anadvarewa 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 theVeda 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 shac/o-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 ' (prasuli// ^anmahelu// 1 gu«a utka/atvadi I dharma/^ surabhitvadi/^ I tr/tiyadi tasi// I Clair upalakshitad vedat prasidhyanti ^ayante). 99. In explanation of the first line the commentators point to XII, I03. SUPREME BLISS. 507 which is the means of (securing happiness to) these creatures. 100. Command of armies, royal authority, the office of a judge, and sovereignty over the whole w^orld 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. 102. 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. 103. (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 gznto/t, ' 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 1 para/;; dhyanaw dhyeyadi I tad etasmad vedad eva manye ^ane). 100. Medh. places this verse later. The order in which the remaining verses of the Sa/whita are read in the MSS. differs very much from that adopted by the other commentators. They stand as follows: 106, 107, 108, 100, loi, 102, 103, 104, 105, 109, no, III, 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. loi. Vas. XXVII, 2. 103. Agnohhya/i, 'than the ignorant,' i.e. 'entirely ignorant' 50S LAWS OF MANU. XII, 104. (only) remember (the words), men who follow (the teaching- of the texts) surpass those who (merely) know (their meaning). 104. Austerity and sacred learning are the best , means by which a Brahma/^a secures supreme bliss ; by austerities he destroys guilt, by sacred learning V he obtains the cessation of (births and) deaths. 105. 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. 106. 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. (Rledh., Nar.), ' who have not studied the Veda' (Nand.), means according to Gov. and KuIL, ' 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.' Dhariwa//, 'those who remember (the texts)' (Kull., Nand.), are according to IMedh. and Gov., ' men who are very persevering in studying;' according to Nar., ' those who know the meaning of the texts.' Nar. takes ^^lanin, 'he who knows (the meaning of the texts),' in the sense of ' he who knows the Soul or Self.' 104. X^gn. I, 200. 105. 6'astram, ' the (sacred) Institutes,' i.e. ' the Veda, which has many 6akhas' (Gov., Nar.), or ' the Veda and the Smr/ti' (Medh.), or 'the Smr/ti' (Kull.). Nand. reads siddhim, 'a complete know- ledge or accurate performance,' instead of j-uddhim. The Pu«a copy of Nar. stops with this verse, the remaining leaves being lost. 106. ' 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 I\Iima?;/sa of (?aimini ; according to ' others' quoted by Medh., all the philosophical schools, excepting XII, I09. DOUBTFUL POINTS OF LAW. 509 107. 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. 108. 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) ^'ish/as propound, shall doubtlessly have legal (force).' 109. Those Brahma/^as must be considered as ^S'ish/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 ; Yagoi. I, 9-10. 109. * 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' (jruti- pratyakshe hetuj- X'a j'rutipratyakshahetava/i), or ' those for whom the revealed texts which are perceptible by the senses, are the reason for distinguishing between virtue and sin ' (athava svutek pratyakshajrute/z I pratyaksha^abdaA jraute pratyaye pratya- kshatulyatvat prayukta/i I sa /^a hetur dharmadharmapari^fmne kara/za/zi yesha?^ ta evam u/^yante) ; according to Gov., ' who are the cause of the teaching of the subjects perceptible in the Veda' (vedago^arapadarthopadejakara/zabhuta/z) ; 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;;2 jravawam pratyaksha;« ^a dharma^fianava^'anayor hetus te). ' The appendages,' i. e. ' the Itihasas and Puia;;as' (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. 111. Three persons who each know one of the three principal Vedas, a logician, a Mima7;/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. 112. One who knows the 7?/g-veda, one who knows the Yaj^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. 113. Even that which one Brahma;2a 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. 114. Even if thousands of Brahma;2as, who have Nand.), or ' the Angas, ]\Iima;«sa, the law-books, the Purawas, and so forth' (Gov., Kull.). no, Medh. and Gov. read vU'arayet instead of viMlayet (Kull., Nand.). III. ' Three men belonging to the first three orders,' i. e. 'a stu- dent, a householder, and a hermit' (Gov., Kull., Nand.). INIedh. 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, tis;7V;a;;^ vidyanaw samahara/^ ; see Yagii. I, 9, and compare /('aturvidyam, X'aturvaidyam, Baudh. I, I, I, 8, and Vas. Ill, 20. 114. Avratanam, ' who have not fulfilled their sacred duties,' i. e. ' who have not fulfilled the vows incumbent on a student ' (Gov., Kull.). XIT, Ii8. THE KNOWLEDGE OF THE ATMAN. 5II 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). 115. 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. 116. 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. 115. Nand. gives yad for yam, instead of tamobhuta//, ' incarna- tions of Darkness,' the reading of the Dharma-siatras, tamomu^/^a//, ' perplexed by Darkness or ignorance.' 118. Sampajyet, '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' (^Tieyantaravishayanirakarawena tadeka^jTeyanish- 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 512 LAWS OF MANU. XII, 119. 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. 1 20. 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 lioht as the same with his difjestive oreans and his sisfht, on water as the same with the (corporeal) fluids, on the earth as the same with the solid parts (of his body) ; 121. On the moon as one with the internal orean, on the quarters of the horizon as one with his sense of hearing, on Vish/^u as one with his (power of) 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 orran of creneration. 12 2, 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). 123. Some call him Agni (Fire), others Manu, the products and the causes,' or ' the intelligent and the non-intelligent ' (Nand.), means according to Gov., ' that which possesses a shape of certain proportions and its opposite ' (murtam prz'thivyadi yd.kka,- murtam aka^adi). Medh. proposes two other explanations, i. '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, and refer to the Samadhi, mentioned in the Yoga and Vedanta systems. 119. In this verse Gov., too, explains atma by paramatma. 120. Medh. explains snehe, 'on the (corporeal) fluids,' by 'on the viscous substances,' e. g. ' the brain and so forth.' XTI, 126, THE KNOWLEDGE OF THE ATMAN, 513 Lord of creatures, others Indra, others the vital air, and again others eternal Brahman. 124. 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). 125. He who thus recognises the Self through the Self in all created beings, becomes equal(-minded) towards all, and enters the highest state. Brahman, 126. 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. 124. The five forms are the five great elements, which produce all bodies (Gov., KulL, Nand.). 125. Instead of param padam, 'the highest state,' Nand. reads sanatanam, ' the eternal (Brahman).' S. [25] L 1 APPENDIX. Quotations from the Institutes of Manu, in THE TRANSLATED HiNDU LaW-BOOKS ^ I, lOI. Col. Dig. 11,4, 42- II, 96. Mit. 11, 1, 22. 140. Sar. Vi. 421, 426, 436-7. 145. Col. Dig. V, 424; Viram. Ill, 4, 7- 146. Day. XI, 4, 3. 172. Col. Dig. V, 123. Ill, 4-11. Col. Dig. IV, 185. 5. Datt. Mi. VI, 27. 12. Col. Dig. V, 144; Day. IX, 2 ; Mit. I, H, 7. 14. Col. Dig. V, 147- 15-7. Col. Dig. V, 145 ; Day. IX, 9 ; Vtram. II, i, 25. 18. Col. Dig. IV, 52. 20-1. Day. IV, 3, 4- 42. Viram. Ill, i, 2. 49. Sm«. K. XI, 2, 4; Sar. Vi. 138, 332, 336, Varad. p. 41. 51. Day. IV, 3, 24. t^^. Col. Dig. IV, 42. 56-9. Col. Dig. IV, 39. 60. Col. Dig. IV, 40, 189, 1 ; May. IV, 8, 21. 61-2. Col. Dig. IV, 189, 2-3. 81. Day. XI, 6, 17. 1 Colebiooke's Digest (Col. Dig.) ; Vyavaharamayukha, by Borradaile ( Vyav.) ; Davabha-a and Mitakshava on Inheritance, by Colebrooke (Day. ; Mit.) ; Mita- kshara on Vyavahara, by Macnaghten (M. Mit.) ; Dayakrainasa,«graha by Wynch cDayakr.) ; Daltakamimamsa and Dattaka^andnka, by Sutherland (Datt. Mi. ; Datt. A'and.); VivadaHntama.i.by Prosonno KoomarTagore (Viv.Amt.); Viramitrodaya on Inheritance, by Golapchand Sarkar (Viram.) ; Smnti^andrika, by T. Kristnaswamy Jyer (Smn. A'.); Sarasvativilasa, by Foulkes Sar Vi ) ; Vyavaharamadhava and Varadara^^iya on Inheritance, by Bumell (Madh. ; Varad.). l1 2 5l6 APPENDIX. IV, 162. M. Mit. II, 8, 21. V, 60. Day. XI, i, 42 ; XI, 6, 17 ; Datt. Mi. VI, 27. 127. Col. Dig. V, 321. 147-9. Col. Dig. IV, 86. 150. Col. Dig. IV, 89. 153-6. Col. Dig. IV, 103. 157. Col. Dig. IV, 139; Mit. I, 10, 9; Virani. II, 2, 4 ; Sar. Vi. 345. 158. Col. Dig. IV, 139; Mit. I, 10, 9; Viram. II, 3, 4. J59. Col. Dig. IV, 140; Mit. I, 10, 9; Viram. II, 2, 4. 160. Col. Dig. IV, 141; Mit. I, 10, 9; Datt. Mi. I, 29; Viram. II, 2, 4. 161. Col. Dig. IV, 142 ; Mit. I, 10, 9 ; Viram. II, 2, 4 ; Sar. Vi. 345. 162. Col. Dig. IV, 143. 163. Col. Dig. IV, 161. 165. Col. Dig. IV, 105. VII, 14-28. Viv. A'int. pp. 320-2. 82. Col. Dig. V, 163 ; Day. IX, 20. 85. Col. Dig. II, 4, 63. 127-40. Col. Dig. II, 2, 14, 1-13. VIII, 1-2. May. I, I, 5. 4. Col. Dig. II, 1, 2 ; May. I, i, 3 ; Viv. /I'int. p. 4. ,5-7. Col. Dig. II, I, 2; May. I, i, 3; M. Mit. I, 2,5- II. M. Mit. I, I, 12. 13. M. Mit. I, I, 15; VI, I, 59. 27. Col. Dig. V, 449 ; Viv. A^int. p. 300. 28. Col. Dig. V, 480, 1. 29. Col. Dig. V, 480, 2 ; May. IV, 10, lo; Smrz. K. IX, 2, 27. 30. Col. Dig. II, 2, 60, I ; May. VII, 8 ; M. Mit. V, 4. 31-2. Col. Dig. II, 2, 60, 2-3. 3^. May. VII, 8 ; M. Mit! V, 5. 34. Viv. A'int. p. 180. QUOTATIONS FROM MANU. 5^7 (VIII), 35. May. VII, 10; M. Mit. V, 11. 37-8. M. Mit. V, 9. 40. May. VII, 11; M. Mit. V, 12. 43. M. Mit. I, 2, 7- 45. Col. Dig. II, 4, 68. 46. Col. Dig. I, 50, 233. 47. Col. Dig. I, 333- 48. Col Dig. I, 334; Viv. Kint p. 43- 49. Col. Dig. I, 235 ; Viv. /v int. p. 43- 50. Col. Dig. I, 254- 51. Col. Dig. I, 264. 59. Col. Dig. I, 265 ; Viv. Kmt. p, 47- 68. M. Mit. VI, I, 6, 70. May. II, 3, 8. 74. M. Mit. VI, I, I. 79-80. May. II, 3, 14- 87. May. II, 3, 4. 102. May. II, 3, 17; M. Mit. VI, i, 22. 107. M. Mit. VI, I, 39. 108. May. II, 3, 20; IVI^'^it. VI, i, 45- 113. May. II, 3, i7;^Kf; 3; M. Mit. VI, i, 23; VIII, 30, I. 115. M. Mit. VIII, 10, 2. 117. M. Mit. VI, I, 31. 120. M. Mit. VI, I, 49 ; Viv. A'int. p. 221. 121. M. Mit. VI, I, 49 ; Viv. Alnt. p. 222. 122. Viv. Kint. p. 221. 123. M. Mit. Ill, 4, 9 ; Viv. /v int. p. 222. 124-5. ^'I- Mit. Ill, 4, 4. 128. M. Mit. I, I, 6. 129. M. Mit. Ill, 4, 3- 132-4. Col. Dig. Ill, I, 77, 1-3- 138. Viv. K'mi. p. 222. 139. Col. Dig. I, 373 ; Viv. A'int. pp. 48, 32 1. 140. Col. Dig. I, 23, 29, I. 141. Col. Dig. I, 29, 2 ; Viv. Kint p. 7- 143. Col. Dig. I, 91, 117 ; ", 2, 7 ; Viv. Aint. pp. 21, 25. 144. Col. Dig. I, 87 ; May. V, 2, 3. r 518 APPENDIX. (VIII), 146. May. II, 2, 7. 147. M. Mit. Ill, 2, 6. 150. Col. Dig. I, 78. 151. Col. Dig. I, 43, 61 ; May. V, i, 7 ; Viv. A'int. p. 17. 152. Col. Dig. I, 42. 153. Col. Dig. I, 41. 154. Col. Dig. I, 4«, 257, I. \y^. Col. Dig. I, 257, 2. 156. Col. Dig. I, 258. 157. Col. Dig. I, 33 ; Viv. A^int. p. 19. 159-60. Col. Dig. I, 151, 1-2. i6j. Col. Dig, I, 154. 162. Col. Dig. I, 155. 163. Col. Dig. II, 2, II ; II, 4, 57. 165. May. IX, 10 ; Viram. V, i, 2. 166. Col. Dig. I, 186. 167. Col. Dig. I, 190; Dayakr. XII, i, i ; Viv. A'int. p. 39. 168. Col. Dig. II, 2, 10. 177. Col. Dig I, 345 ; May. V, 4, 6. 179. Col. Dig. II, I, 13 ; Viv. ATint. p. 49. 180. Col. Dig. II, I, 16. 181-4. Col. Dig. II, I, 47, 1-4. 185. Col. Dig. II, I, 20. 186. Col. Dig. II, I, 21 ; Viv. ATint. p. 51. 187. Col. Dig. II, I, 46. 188. Col. Dig. 11, I, 49. 189. Col. Dig. II, I, 26; Viv. A'int. p. 51. 191. Col. Dig. II, I, 37 ; May. VI, 2. 192. Col. Dig. II, I, 38; May. VI, 5; Viv. A'int. P- 54. 193. Col. Dig. II, I, 39 ; Viv. A'int. p. ^:)^. 194. Col. Dig. II, I, '48. 195. Col. Dig. II, I, 17. 196. Col. Dig. II, I, 50. 197. Col. Dig. II, 2, 5 ; Viv. A'int. p. S^. 198. Col. Dig. II, 2, 40 ; Viv. A'int. pp. ^6, 222. 199. Col. Dig. II, 2, 27. QUOTATIONS FROM MANU. 5x9 (VIII), 201. Col. Dig. II, 2, 36. 203. Col. Dig. II, 2, 50 ; May. VII, 5 ; Viv. A'int. p. 58. 203. Col. Dig. II, 2, 61 ; Viv. A'int. p. 119. 306. Col. Dig. II, 3, 33 ; Viv. Kint. p. 6^. 307. Col. Dig. II, 3, 33. 308. Col. Dig. II, 3, 35, I. 209. Col. Dig. II, 3, 3S, 2 ; Viv. A'int. p. 67. 210. Col. Dig. II, 3, sS, 3 ; Viv. Kint. p. 66. 212. Col. Dig. II, 4, 48, I ; Viv. Kint. pp. 84, 223. 213. Col. Dig. II, 4, 48, 2. 215. Col. Dig. Ill, I, 76 ; May. XI, 4 ; Viv. A'int. p. 98. 216. Col. Dig. Ill, I, 81 ; May. XI, 4; Viv. A'int. p. 99. 217. Col. Dig. Ill, I, 78 ; May. XI, 4; Viv. A'int. p. 99. 218. Col. Dig. Ill, 2, 1. 219-20. Col. Dig. Ill, 2, 15 ; Viv. Kint. p. no. 222. Col. Dig. Ill, 3, 7 ; 23, 1 ; Viv. ATint. p. 113. 233. Col. Dig. Ill, 3, 33, 3 ; Viv. Kint. p. 113. 334-7. Col. Dig. IV, 166-9. 338. Col. Dig. Ill, 3, 34; Viv. A'int. p. 113. 239. Col. Dig. Ill, 4, I. 330. Col. Dig. Ill, 4, 9 ; Viv. Kint. p. 105. 331. Col. Dig. Ill, 4, 3 ; Viv. A'int. p. 105. 333. Col. Dig. Ill, 4, 13 ; Viv. ATint. p. 106. 333. Col. Dig. Ill, 4, 7 ; Viv. Kint. p. 106. 234. Col. Dig. Ill, 4, 18. 235-6. Col. Dig. Ill, 4, 16, 337. Col. Dig. Ill, 4, 19 ; May. XV, 3 ; Viv. A'int. p. 133. 338. Col. Dig. Ill, 4, 35 ; Viv. A'int. p. 133. 339. Col. Dig. Ill, 4, 33. 240. Col. Dig. Ill, 4, 29 ; May. XVII, 9. 241. Col. Dig. Ill, 4, 36; Viv. Kint. p. 133. 343. Col. Dig. Ill, 4, 54; Viv. Kint. p. 136. 344- Col. Dig. Ill, 4, 59. 345-53. Viv. A^int. p. 120, 520 APPENDIX. (VIII), 253. Viv. A^int. p. 121. '^Sl- May. XV, 4. 259-61. Viv. A'int. p. 121. 262. Viv. A'int. p. 124. 264. May. XV, 1 1 ; Viv. K\nt. p. 1 26. 267. May. XVI, i, 3 ; Viv. A'int. p. 140. 268. Viv. A'int. p. 140. '^13- Viv. A'int. p. 142. ^75- May. XVI, 1,4. 276-7. Viv. K\nt p. 141. 279. May. XVI, 2, 4 ; Viv. A'int. p. 150. 280-1. May. XVI, 2, 4; Viv. A'int. pp. 146, 150. 281-2. Viv. A'int. pp. 146, 150. 283. Viv. A'int. pp. 147, 150. 284. Viv. ATint. p. 148. 285. May. XVI, 2, 8 ; Viv. A^int. p. 155. 286. Viv. K'mt. p. 149. 288-9. Viv. A'int. p. 183. 296-8. May. XXII (CCXLII). 299. Col. Dig. Ill, I, 11, I ; Viv. A'int. p. 151. 300. Col. Dig. Ill, I, II, 2; M. Mit. IV, I, 9 Viv. A'int. p. 151. 302. Col. Dig. II, I, 59 ; Viv. A'int. p. 157. 3^3- Viv. K\nt. p. 157. 304- Col. Dig. II, 2, 19 ; Viv. A'int. p. 322. 3^S-^- Viv. A'int. p. 322. 308. Col. Dig. II, 3, 58. 319- Viv. ATint. p. 173. 320. May. XVII, 8. 321. May. XVII, 8; Viv. A'int. p. 170. 322. May. XVII, 8 ; Viv. A^int. p. 171. 3^3- May. XVII, 8 ; Viv. A^nt. p. 166. 324-5- Viv. Kmt. p. 167. 326-30. Viv. A'int. p. 172. 33"^- Viv. A'int. p. 171. 333- Viv. A'int, p. 172. 335-6. Viv. ATint. p. 221. 337-8- Viv. Kmt. p. 176. 339. Viv. K'mt. p. 179. QUOTATIONS FROM MANU. 521 (VIII), 340. Mit. T, I, 8 ; Viram. I, 14; Viv. K'mi. p. 177 ; Madh. p. 4. 341. Viv. ATint. p. 179. 343. Viv. A'int. p. 168. 348-9. M. Mit. II, 8, 20. 350. May. XVIII, 8 ; M. Mit. II, 8, 19, 20. 352. Viv. K'mi. p. 203. 354. May. XIX, 3 ; Viv. Kmt. p. 202. 2^5_6. Viv. A'int. p. 202. 359. Viv. K'mi. p. 203. 360. Viv. A'int. p. 200. 361. Viv. ATint. p. 202. 362. Viv. /i int. pp. 203-4. 363. Viv. A^int. p. 203. 364. Viv. A'int. p. 205. 365. May. XV, 5. 366. Viv. A'int. p. 205. 1 367-70. Viv. Alnt. p. 206. 371-2. Viv. A'int. p. 207. 373. Viv. A'int. pp. 207-8. 374. May. XIX, 6 ; Viv. A'int. p. 209. 375. Viv. A'int. p. 209. 376. May. XIX, 7 ; Viv. A'int. p. 209. 377. May. XIX, 7 ; Viv. A^int. p. 210. 378. May. XVIII, 14; XIX, 6; Viv. A'int. p. 210. 379. Viv. A'int. p. 210. 380-1. M. Mit VI, I, S^ ; Viv. ATint. p. 211. 382. May. XIX, 7 ; Viv. A'int. p. 211. 383-4. Viv. A'int p. 211. 385. Viv. A'int. pp. 207, 211. 386-7. Viv. A^int. p. 322. 388. Col. Dig. II, 3, 42 ; Viv. Aint. pp. 69, 212. 389. Viv. A'int. pp. 185, 212. 390. May. I, I, 14- 398. Viv. Aint. p. 161. 402. Col. Dig. Ill, 3, 48. 410. Col. Dig. I, 5. 411. Col. Dig. Ill, I, 37, t; May. X, 3; Viv. A'int. p. 95. 522 APPENDIX. (VIII), 412. Col. Dig. Ill, I, 37, 2 ; Viv. K'mt. p. 95. 413. Col. Dig. Ill, I, 38 ; Viv. A'int. p. 95. 414. Col. Dig. Ill, I, ^6 ; Viv. K'mt. p. 95. 415. Col. Dig. Ill, I, Q,^. 416. Col. Dig. II, 4, 56; III, I, 52, I ; May. IV, 10, 7; Viram. I, 12; V, i, 2 ; Varad. p. 6. 417. Col. Dig. Ill, I, 52, 2. IX, 1-2. Col. Dig. IV, 2-3. 3. Col. Dig. IV, 5. 4. Col. Dig. IV, 14. 5-7. Col. Dig. IV, 9, 1-3. 8-9. Col. Dig. IV, 19-20. lo-i. Col. Dig. IV, 30, 1-2. 12. Col. Dig. IV, 32. 13. Col. Dig. IV, 99. 14-5. Col. Dig. IV, 22, 1-2. 16. Col. Dig. IV, 23. 17. Col. Dig. IV, 24; Viv. K'mt. p. 220. 18-9. Col. Dig. IV, 25-6. 22-4. Col. Dig. IV, 0,^, 1-3. 25. Col. Dig. IV, 34. 26-8. Col. Dig. IV, ^5, 1-3. 30. Col. Dig. IV, 109. 32-4. Col. Dig. V, 253, 1-3. 3S- Col. Dig. V, 254; Diy. XI, s,^y, Dayakr. I, 5. 2. 36-7. Col. Dig. V, 255-6. 38-40. Col. Dig. V, 257, 1-3. 42-6. Col. Dig. V, 252, 1-5. 47. Col. Dig. V, 252, 6 ; Day. XIII, 5 ; Dayakr. VIII, 5; Smr/. K. XVI, 20 ; Madh. p. S7- 48. Col. Dig. V, 214, I ; 252, 7. 49. Col. Dig. V, 214, 2; 252, 8; Viv. A'int. p. 131. 50-1. Col. Dig. V, 214, 3-4. 53. Col. Dig. V, 214, 5 ; Mit. I, 10, 6 ; Viram. 11, 2, 4; Madh. p. 23. S'i. Col. Dig.V, 244; Mit. I, 10, 4; Datt. A'and. II, ss ; Viram. II, 2, 4 ; Madh. p. 53. QUOTATIONS FROM MANU. 523 (IX), 54. Col. Dig. V, 236 ; Dayakr. XII, 3, 15 ; Viv. A'int. p. 131. 55. Dayakr. XII, 2, 15. 59. Col. Dig. IV, 146; V, 229; Mit. I, 10, 8; Datt. Mi. VII, 21 ; Viram. II, 2, 4; Sar. Vi. 342. 60. Col. Dig. V, 228 ; Mit. I, 10, 8 ; Viram. II, 2, 4 ; Sar. Vi. 342 ; Madh. p. 23. 62. Col. Dig. IV, 150. 63. Col. Dig. V, 227. ^64-8. Col. Dig. IV, 155, 1-5 ; Mit. I, 10, 8 ; Viram. II, 2, 4 ; Sar. Vi. 343 ; Madh. p. 23. 69. Col. Dig. IV, 170, I ; Mit. I, 10, 10 ; Viram. II, 2, 4 ; Madh. p. 2^. 70. Col. Dig. IV, 170, 2; Day. IX, 28; Mit. I, 10, ID; Viram. II, 2, 4; Madh. p. 24. 71. Col. Dig. IV, 171. 72-3. Col. Dig. IV, 174, 1-2. 74. Col. Dig. IV, 45, I. 75. Col. Dig. IV, 45, 3; 116. 76. Col. Dig. IV, 154. 77. Col. Dig. IV, 56. 78-9. Col. Dig. IV, 57, 1-2. 80. Col. Dig. IV, 67. 81. Col. Dig. IV, 70. 82. Col. Dig. IV, 73. 83. Col. Dig. IV, 75. 84. Col. Dig. IV, 112. 85. Col. Dig. IV, 46. ^ _ , ,^-. _,., «^ r 1 T^ T^r T. t ^^y- ^^' I' 47 ; Viram. 86. Col. Dig. IV, 47. I jij J JO 87. CoL Dig. V, 414. i ' ' 89. Col. Dig. IV, 179. 94. Viram. II, i, 2. 95-6. Col. Dig. IV, 188, 1-2. 97. Col. Dig. IV, 172. 98-100. Col. Dig. IV, 173, 1-3. 101-2. Col. Dig. IV, 190, 1-2: 103. Col. Dig. V, 2 ; Day. I, 3 ; Viram. I, 2 ; Smr/. K. I, I ; Sar. Vi. 37. 524 APPENDIX. (IX), T04. Col. Dig. V, 4; Day. I, 14; H, 8; III, i; Mit. I, 3, 3 ; 5, 7 ; May. IV, 4, i ; Dayakr. I, I, I ; VII, 1 ; Viram. I, 10-31, 22, 27, 51 ; II, I, 1-2 ; Viv. A'int. p. 224 ; Smr/. K. I, 12, 18 ; Sar, Vi. 49 ; Madh. p. 1 ; Varad. p. 6. 105. Col. Dig. V, 9 ; Day. I, 36 ; III, 15 ; Mit. I, 3, 3 ; Viram. II, i, 7, 1 1 ; Viv. A'int. p. 226 ; Smr2. K. II, 2, 10 ; Madh. p. 8. 106. Col. Dig. V, 10, I ; Day. I, 36; XI, i, 32 ; Mit. I, 1 1, 12 ; Datt. A'and. I, 5 ; Viram. II, 1, 7 ; Sar. Vi. 369 ; Madh. p. 44. 107. Col. Dig. V, 10, 2 ; Day. I, '3^6 ; Viram. II, i, 7 ; Madh. p. 8. 108. Col. Dig. V, 12; Day.VI,i,54; Viram.11,1,7. 109. Col. Dig. V, 13 ; Viram. II, i, 7. 110. Col. Dig. V, 14; Viram. II, i, 7. 111. Col. Dig. V, 18; Day. I, 27, -^"j \ Viram. I, 21 ; II, I, 7 ; Viv. Alnt. p. 227 ; Smrz. A'. II, 2, lO-II. 112. Col. Dig. V, 34; Day. II, 37; Mit. I, 2, 4 ; 1, 3, 3 ; May. IV, 4, 9 ; Viram. II, i, 9, n ; Viv. A'int. p. 234 ; Smrz. AT. II, i, 25 ; III, 8 ; Madh. p. 8 ; Varad. p. 2. 113. Col. Dig. V, 36. 114. Col. Dig. V, '3^'] ; Viv. A'int. p. 234. 115. Col. Dig. V, 38 ; Day. II, 45 ; Smr/. K. Ill, 5. 116. Col. Dig. V, 39, I ; Day. II, ^^^ ; Mit. I, 3, 3 ; May. IV, 4, 9 ; Viram. II, i, 10 ; Smy/. A^ III, 10, 12; Madh. p. 8. 117. Col. Dig. V, 39, 2; Day. II, 37 ; Mit. I, 3, 3 ; May. IV, 4, 9; Dayakr. VII, 18; Viram. II, I, 10; Smrz. K. Ill, 12; Madh. p. 8. 118. Col. Dig. V, 120; Day. Ill, 0^6; Mit. I, 7, 9 ; Viram. II, i, 21 ; V, 2, i ; Viv. A'int. p. 248 ; Smrz. K. IV, 32; Sar. Vi. 126, 133, 287; Varad. p. 10. 119. Col. Dig. V, 70 ; Mit. I, 4, 18 ; May. IV, 7, 17. 120. Col. Dig. V, 76, I ; Mit. II, I, 10; Viram. II, 2, 18; III, I, 6. QUOTATIONS FROM MANU. 525 (IX), 131. Col. Dig. V, 76, 2 ; Viram. 11, 2, 18. 122-3. Col. Dig. V, 55, 1-2. 124. Col. Dig. V, s6. 125. Col. Dig. V, 57; Dayakr. VII, 14; Viv. ATint. p. 233. 126. Col. Dig. V, 64. 127. Col. Dig. V, 212 ; Day. X, 2 ; Datt. Mi. I, 9; Viram. II, 2, 3 ; Varad. p. 23. 128. Col. Dig. V, 222, I; Viram. II, 2, 3 ; Varad. p. 23. 129. Col. Dig. V, 222, 2 ; Viram. II, 2, 3. 130. Col. Dig. V, 210 ; Day. XI, 2, i ; May. IV, 8, 10 ; Viram. Ill, 2, i ; Viv. A^int. p. 292 ; Smr/. K. XI, 2, 7; Sar. Vi. 543, 55^; Varad. pp. ^5-6. 131. Col. Dig. V, 209, 491 ; Day. IV, 2, 13 ; May. IV, 10, 17; Viram. V, 2, 2, 4; Viv. /vint. p. 267 ; Smrz. K. IX, 3, 12 ; Sar. Vi. 288 ; Madh. p. 44 ; Varad. p. 44. 132. Col. Dig. V, 220, 3 ; Day. XI, 2, 19 ; Dayakr. I, 4, I ; Viram. Ill, 3, 2 ; Viv. ATint. p. 294. 133. Col. Dig. V, 220, I ; Day, XI, 2, 19; Varad. PP- 35-6- 134. Col. Dig.V, 206; Day. II, 39 ; X, 2 ; Mit. I, II, 23; Day. VII, 16; Viram. II, 2, 17; Viv. Kint. p. 286 ; Sar. Vi. 376, 558 ; Madh. p. 20 ; Varad. p. 26. 135. Day. XI, 2, 16; Madh. p. 45 ; Varad. p. 48. 136. Col. Dig. V, 207 ; 220, 2 ; Day. X, 3 ; XI, 2, 20 ; Mit. II, 2, 6 ; Datt. A'aiid. I, 22 ; Viram. II, 2, 17 ; III, 3, i ; Sar. Vi. 564, 660, 667 ; Madh. p. 26 ; Varad. p. ^S- 137. Col. Dig. V, II ; Day. XI, i, 31 ; Viram. III, I, II. 138. CoL Dig. V, 302; Day. V, 6; XI, i, 31; Viram. Ill, i, 11. 139. Day. IV, 2, 10; XI, 6, 9, 31 ; Dayakr. II, 4, 7 ; Datt. Mi. VII, 17 ; Varad. p. ^6. 140. Col. Dig. V, 208 ; Viram. II, 2, 3. 526 APPENDIX. (IX), 141. Col. Dig. V, 278; Datt. /ifand. V, 20 ; Viram. II, 2, 18 ; Sm;7. K. X, 13 ; Varad. p. 23. 142. Col. Dig. V, 181 ; Mit. I, II, 32 ; May. IV, 5, 21 ; Datt. Mi. II, 8 ; VI, 6, 47 ; VIII, I ; Datt. /vand. II, 18 ; Viram. II, 2, 18 ; Smr/. AT. X, 15 ; Sar. Vi. 388 ; Madh. p. 24 ; Varad. p. 23. 143. Col. Dig. V, 234; Smr/. K, V, 12. 144. Col. Dig. V, 226. 145. Col. Dig. V, 235. 146. Col. Dig. V, 232; Mit. II, I, 10; Datt. Mi. V, 51 ; Viram. II, i, 18 ; III, i, 6 ; Madh. P- 31- 147. Col. Dig. V, 233 ; Madh. p. 40. 148. Col. Dig. V, 139, I. 149. Col. Dig. V, 60, I ; 139. 2; Madh. p. 16. 150. Col. Dig. V, 60, 2 ; 139, 3- 151. Col. Dig. V, 60, 3; 139, 4; Day. IX, 12; Viram. II, i, 25. 152. Col. Dig. V, 140, I ; Day. IX, 12 ; Viram. II, I, 25 ; Madh. p. 16 ; Varad. p. 18. 153. Col. Dig. V, 140, 2; Day. IX, 12 ; Viram. II, 1, 25 ; Viv. A'int. p. 271 ; Varad. p. 18. 154. Col. Dig. V, 166; Day. IX, 27; Mit. I, 11, 41; Dayakr. VII, 19; Viram. II, i, 25; II, 2, 21 ; Viv. Alnt. p. 273 ; Sar. Vi. 394; Madh. p. 17 ; Varad. p. 20. 155. Col. Dig. V, 167; Day. IX, 27; Mit. I, 8, 10; May. IV, 4, 29; Viram. II, i, 25; II, 2, 21 ; Viv. Kmt. p. 273; Smr/. K. II, 2, 7; Madh. p. 17; Varad. p. 20. 156. Col. Dig. V, 53- 157. Col. Dig. V, 66; Dayakr. VII, 22; Datt. A'and. V, 32 ; Varad. p. 19. 158. Col. Dig. V, 188, I ; Datt. Mi. II, S^ ; Datt. ATand.V, 1 1 ; Viv. A'int. p. 279 ; Varad. p. 25. 159. CoL Dig. V, 188, 2; Mit. I, II, 30; Datt. ATand. V, 1 1 ; Viram. II, 2, 19; Viv. ATint. p. 279 ; Sar. Vi. 386 ; Madh. p. 22. QUOTATIONS FROM MANU. 527 (IX), 160. Col. Dig. V, ifi, 40. 218. Col. Dig. V, 375; Day. XIII, i; Dayakr. VIII, 2 ; Viram. VI, i ; Smn. K, XIV, i ; Sar. Vi. 775 ; Madh. p. ^Z- 219. Col. Dig. V, 343 ; Day. VI, 2, 23; May. IV, 7, 15; Dayakr. IV, 2, 13; Viram. VII, 2; Smn. K. VII, 39 ; Sar. Vi. 197 ; Madh. p. 50 ; Varad. p. 30. 222-3. ^'^- K\xi\.. p. 317. 224. May. XXI, 2 ; Viv. K\x\\.. p. 317. 229. Col. Dig. Ill, I, 34- 231-2. Viv. i^int. pp. 190-1. 237. Viv. T^int. p. 213. 254. Viv. ATint. p. 157. 262. Viy. K'm'i. p. 157. 272-4. Viv. iiTint. p. 178. 275. May. XXII, (CCXLIII) ; Viv. Km\. p. 189. 276. Viv. /Tint. p. 166. 277. Viv. A'int. p. 169. 278. Viv. K'\\\t. p. 177- 282. May. XV, 9 ; Viv. ^int. p. 125. 283. Viv. A'int. p. I25. 285-6. Viv. ATint. p. 188. 287. Viv. iTint. p. 159. 289. Viv. A'int. p. 189. 290. Viv. ATint. p. 187. 291. Viv. iTint. pp. 131, i57- 292. Viv. K\n\.. p. 163. 317. Col. Dig. II, 2, 22. 327. Col. Dig. II, 2, 24. M m 2 532 APPENDIX. X, 43- Col. Dig. II, 3, 22, 3. 75. Col. Dig. II, 2, 21. 76. Col. Dig. I, 7, 3. 83. Col. Dig. II, 4, 22. 96. Col. Dig. II, 3, 22 ; Viv. A'int. p. 188. 97. Col. Dig. I, 74- 115. Col. Dig. II, 4, 20; Mit. I, I, 16; Viv. Kint p. 76 ; Sar. Vi. 472 ; Madh. p. 5. 116. Col. Dig. II, 4, 21. 117. Col. Dig. I, 35; 11,4, 23. iiS. Col. Dig. II, 2, 23. 130. Col. Dig. II, 4, 26. XI, 16. Viram. I, 46. 90. M. Mit. II, 8, 19. 1 1 1-5. Viram. I, 44. 177. Col. Dig. IV, 82. 189. Viram. Ill, i, 10; Smr/. K. XI, i, 49. 228. Col. Dig. I, 206. A. SYNOPSIS OF PARALLEL PASSAGES. By the advice of the editor I add a detailed synopsis of the parallel passages from the six Dharma-sutras and Smr/tis, as well as of the wholly or partly identical verses from the Mahabharata, Para^ara, Manava 6'raddhakalpa, the Upanishads, and some other works. I trust that, though references to the Smr/tis have already been given in the notes to the translation, this addition will not be found useless. The principle on which I have worked is a different one, and this synopsis shows much more clearly which rules of Manu's work are represented in the older books and which are not. It also shows at a glance which verses I have been able to trace elsewhere. According to what has been said in the Introduction, both points are of some importance. I have used this opportunity to supply some omissions, and to correct the misprints occurring in the figures of the quotations given in the notes. Wherever the notes and the synopsis differ, the latter alone is to be relied on. The addition of an asterisk (*) to a quotation means that the passage is in verse, and that it is thus intimately connected with Manu's .Sloka. The passages quoted from the Mahabharata are all cognate verses. Hence no asterisks have been added. Abbreviations: Ga.=Gautamiya Dharmajastra; Ba. = Baudhayaniya Dharmajastra ; Ap. = Apastambiya Dharma-sutra ; Va. = Vasish//^ Dharmajastra ; Vi. = Vish«u Smr/ti; Ya. = Ya^«avalkiya Dharma- fastra; Par. = Para^ara Smr/ti (Calc.^ed.) ; Ma^^r. = Manava-^raddha- kalpa (Introduction, pp. xl-xHii); A. Gr/. = Ajvalayana GriTiya-sfitra (Calc. ed.); 6"^. Gr;. = ^ahkhayana Gr/'hya-sutra; Pa. Gr/. = Paraskara Grzhya-sutra ; Go. Gr/.=Gobhiliya Grihya-sutra (Calc. ed.); Mai. Up. = Maitraya7iiyabrahmanopanishad; IsL Up. = Ii'avasyopanishad ; Sa. Up. = Sawhitopanishad ; Nir. = Nirukta ; Mah. = Mahabharata ; V. P.= Vish«u-pura«a, Wilson's translation, edited by Dr. F. E. Hall. 534 LAWS OF MANU. I. 2. 3- 4- 5- 6. 7- 8. 9- lo. V 342 P. 40 I P 56; Mah. XII, XII, 233, 12I • • • XII, 233, 8. XII, 233, 26 II. 12. 13- 14. 15- 16. 17- 1 8. Mah. 19. 20. Mah. 21, Mah. 22. 23. . 24. 25. . 26. 27. . 28. Mah. XII, 233, 16 29. Mah. XII, 233, 17 30- 31- 32. 33- 34. 35- 36. 37. 38. Manu I. 39- 4*5. 41. 42. 43. 44. 45- 46. 47- 48. 49. 50. 51- 52. 53- 54. 55- 56. 57- 58. 59- 60. 61. 62. 63- 64. 65. 66. 67. 68. 69. 70. 71- 72. 73- 74. 75- 76. 77. Mah. Mah. Mah. INIah. Mah. Mah. Mah. Mah. Mah. Mah. Mah. Mah. Mah. XII, XII, XII, XII, XII, XII, XII, XII, XII, XII, XII, XII, XII, 232; 232; 232, 232, 232, 232= 232, 232= 232, 232. 233» 233. 233> 12-13. 15. 16. 17. 18-19: 20. 21. 29. 30- 31- 4- 5- 6. SYNOPSIS OF PARALLEL PASSAGES. 535 V8. Mah. XII, 233, 7. 79 80 81. Mah. XII, 232, 23. 82. Mah. XII, 232, 24. 83. Mah. XII, 232, 25. 84. Mah. XII, 232, 26; III, 200, 16. 85. Mah. XII, 232, 27. 86. Mah. XII, 232, 28; Par. I, 23*. 87 88. 89. 90. 91. 92. 93- 98 99. Ya. I, 198. 100 lOI t02. .... 103 104 105 106 167 108. Va.VI, ta*. 109. Va. VI, 2 *, 3-5 *• iio 11. 112. lis- 114. 115. 116. 117. 94. YL I, 198-99. 95 96 91 118. 119. Manu II. 17- 18. 19. 20. 3- 4. 6. Ba. I, I, 1-6; Ga. I, 1-3; Ap. I, I, 1-3; Va. I, 4-6. 7 8 10. 11. . 12. Ya.I, 7*. 13- 14. Ga. I, 4; Ap- I; 3°' 9- 15 16 21 22. Ba. I, 2,9-10; Va. I, 8-9. 23. Ba. I, 2, 12; Va. I, 13-15; Ya. I, 2. ^ 24. Ba. I, 2, 13-15; Ap. I, 32, 18; Vi. LXXXIV, 2,4. 25 26. Ga. VIII, 14; Ya.I, 10. 27. Ya. I, 13^ 28 ■ ■ 29. INIah. Ill, 180, 34\; Vi. XXVII, 4 ; Ya. I, 1 1 ; A. Gn. I, 155 1-3; ^^- Grt'l, 24, I- 536 LAWS OF MANU. 3; Pa. Gn. I, 16, 3-4; Go. Gn. II, 7, 21. 30. Vi. XXVII, 5; Ya. I, 12; A A. Gn'. I, 15. 4; Sa. Gn'. I, 24, 4-5 ; Pa. Gr/. I, 1 7, i ; Go. Gn. II, 8, 8. 31. Vi. XXVII, 6-9. 32. Pa. Gn. I, 17, 4. 33* ..•■... 34. Vi. XXVII, lo-ii; Ya. I, 12 ; A. Gri. I, 16, i ; Sa.. Gn'. 1,27, i; Pa. G/7'..I, 17, 5; I, 19, r. 35. Vi. XXVII, 12; Ya. I, 12; A. Gn. I, 17, i; Sa. Gn. I, 28, 1-2 ; Pa. Gn'. II, i, 1-2 ; Go. Gn'. II, 9, I. 36.^Ga.I,5, 7, 11; Ba. I, 3, 7-9; Ap. I, I, 18; Va. XI, 49-51; Vi. XXVII, 15-17; Ya. 1,14; A. Gn'. I, 19, 1-4; SL Gn. II, I, 1,4-5; Pa. Gn. II, 2, 1-3; Go. Gn'. II, 10, 1-3. 37. Ga. I, 6; Ap. I, i, 19-20. 38. Vi. XXVII,26*;Ga. I, 12- 14; Ba. I, 3, 12 ; Ap. I, i 21; Va. XI, 71-73; A. Gn I, 19, 5-6; Sa. Gn. II, I, 6-8 Pa. Gn. II, 5, 36-38 ; Go. Gn'. II, 10, 4. 39. Vi. XXVII, 27*; Ga. XXI, 1 1 ; Va. XI, 74 ; A. Gn'. I, 19, 6; Sa. Gn. II, i, 9-13; Pa. Gn. II, 5, 39; Go. Gn. II, lo, 5. 40. Ap.J, I, 28; 2,6; Va. XI, 75; A. Gn'.l,ig, 7; PI Gn. If: 5) 40 ; Go. Gn. II, 10, 6. 41.^ Ga. I, 16-21; Ba. I, 3,14; Ap.I, 2, 39-3, 9; Va. XI, 61- 67; Vi. XXVII, 19-20; Ya. I, 29;A.Gr/.I,i9,8;6a.Gr/.II, I, 2, 4-5; Pa. Gn. II, 5, i6- 19; Go. Gn'. II, 10, 8-9. 42. Ga. 1,15; Ba. I, 3, 13; Ap. I, 2, 33-37; Va. XI, 58-60; Vi. XXVII, 18; Ya.1,29; A. Gn'. I, 19, lo-i I ; Sa. Gn'. II, 1, 15-17; Pa. Gr/.II, 5,21-23; Go. Gn. II, 10, 10. 43. Pa. Gn. II, 5, 24. 44. Ba. I, 8, 5; Vi. XXVII,i9; Ya. I, 29; Go. Gn. II, 10, It. 45. Ga. I, 22-24; Ba. I, 3, 15; Ap. I, 2, 38; Va. XI, 52-54; yi. XXVII, 21,23; Ya.1,29; A. Gn'. I, 19, 12-13; '^a. Gn. II, I, 18-20; Pa. Gn. II, 5) 25-28 ; Go. Gn. II, 10, II. 46. Ga. I, 26; Ba. I, 3, 15; Va. XI, 55-57 ; Vi. XXVII, 22 ; A. Gn'. I, 19, 13 ; Sa.. Gn'. II, I, 21-24. 47- Ga. I, 25 ; Vi. XXVII, 24. 48.^ Ga. II, 8, 35 ; Ap. I, 3, 25 ; A. Gn. I, 22, 5-6; Sa. Gn. II, 6, 4 ; Pa. Gn. II, 5, i ; Go. Gn'. II, 10, 41-42. 49. Ga. 11,36; Ba. I, 3, 16-17; Ap. I, 3, 28-30; Va. XI, 68- 70; Vi. XXVII, 25; YL I, 30; A. Gn. I, 22, 8; Pa. Gn. II, 5, 2-4. 50. A.Gn. I, 22, 7; Sa.Gn.ll, 6, 5-6; Pa. Gri. II, 5, 5-7; Go. Gn. II, 10, 43. 51. Ga. II, 39, 40; Ap. I, 3, 31-42; Vk LXVIII, 40-41; Ya. I, 3 1 ; A. Gn. I, 22, 9 ; ^a. Gr/. II, 6, 7; Pa. Gr/. II, 5, 8; Go. Gn'. II, 10, 44. 52. Mall. XIII, 104, 57. SYNOPSIS OF PARALLEL PASSAGES. 537 53. Ga. II, 41; IX, 59; Ba. II, 5,21; II, 12, 73Vi.LXVIII, 34-35- 54. Va. Ill, 69; Ba. II, 12, 7; Vi.LXVIII,42-^43; Ya.1,31. 55 56. Ba. II, 12, 9; II, 13, 11; Ya. I, 112; Ap. II, I, 2-3; Vi. LXVIII, 48. 57 58. Ba. I, 8, 14; Va. Ill, 26; Vi. LXII, 6; Ya. I, 18. 59. Ba. I, 8, 15-16; Va.III, 26; Vi. LXII, 1-4; Ya. I, 19. 60. Ba. I, 8, 19-21 ; Ga. I, 36 ; Ap. 1, 1 6, 2-1 o ; Va. Ill, 2 7-2 9 ; Vi. LXII, 6-8; Ya.I, 20; Go. Grt. I, 2, 5-9. ^ 61. Ba. I, 8, 17; Ap. I, 15,4-7; Va.III,3i; Vi.LXII,5; Ya. I, 18, 20; Go. Gn\ I, 2, 5, 22-23. 62. Ba. I, 8, 23*; Vi. LXII, 9*; Ga. I, 36; Va. Ill, 31- 34; Ya.I,2i; Go.Gr?'.I,2,29. 63. Ba. I, 8, 5-10; Ap. I, 6, 18-19; Go. Gn. II, 2, 1-3. 64. Vi. XXVII, 29*; Ba. I, 6, 6-9. 65. Ya. I, 36 ; Ga. II, 9 ; A. Gri. I, 18, 2; Pa.Gr/'. II, i, 3 ; Go. Gri. Ill, I, I. 66. Vi. XXVII, 13; Ya.I, 13; A.Grz". I, 15,12; 16,6; 17, 18. 67. Vi. XXII, 32; XXVII, 14; Ya. I, 13. 68 1,26; ^a. Gr/. II, 7, 4-6 ; IV, 8, 15. 72. Ga. I, 46 ; Ap. I, 15, 22. 73. Ga. I, 46; 6'a. Gn. IV, 8, 12, 16-17. 74. Ga. I, 57; Ap. I, 13, 6-7; Vi. XXX, 33 ; ^a. Gn. IV, 8, 12-13. 75. Ga. 1, 48-50; Ba. II, 7,5-7- 76. Vi. LV, 10*. 77. Vi. LV, II*. 78. Vi. LV, 12*; Ba. II, II, 6. 79. Vi. LV, 13*; Ba. IV, 1,29; Va. XXVL 4- 80. Vi. LV, 14*; Ba. 11,7, 15- 81. Vi. LV, 15*. 82. Vi. LV, 16*; Ba. II, 7, 22. 83. Va. X, 5*; Vi. LV, 17*. 84. Vi.LV, 18*; Ba. IV, 1,26; Va. XXV, II. 85. Vi. LV, 19*; Va.XXVI,9*. 86. Vi. LV, 20* ; Va. XXVI, 10*. 87. Vi. LV, 21*; Va. XXVI, 11 88. 89. 90. 92. 93- 94. 95- g6. 97- 98. 69. Ga. II, 6, 8, 10; Ya. I, 15 ; A. Gn. I, 22, 1-2. 70. • • 99 100 lOI 71. Ba. I, 3, 25-28; Ap. I, 5, 19, 23; Vi. XXX, 32; Ya. . Ga. 11,^10-11; Ba. II, 7. 13-14; Ap. I, 30, 8; Va. VII, 16; Vi. XXVIII, 2-3; 538 LAWS OF MANU. Ya. I, 23-25 ; 6a. Gri. II, 9, 1-3- 102. Ba. II, 7, 18,20; Va. XXVI, 2-3- 103. Ba. II, 7, 15. 104. Ba. II, II, 6. 105. Ap. I, 12, 9 ; Va. XIII, 7. 106. Ap. I, 12, 3-5. 107. Vi. XXX, 34-38; Ya.1,41- 46 ; A. Gri. Ill, 3, 2-3. 108. Ga. II, 8, 30, ^35 ; Ba. I, 3, 16; 4, 4-8; Ap. i, 4, 16, 23; 5, 25; Va.VII, 9, 15; Vi. XXVIII, 4, 7, 9, 12; Ya. I, 25. 109. Ya. I, 28. no. Ba. I, 4, 2 ; Ap. I, 32, 22- 24; Va. II, 12. 111. Vi. XXIX, 7*. 112. Sa. Up. Ill* (p. 30, Bur.); Ba. I, 4, i^*; Vi. XXIX, 8*. 113. Ba. I, 4, lb*. 114. Nir. II, 4*; Sa. Up. Ill* (pp. 29-30, Bur.); Va. 11,8*; Vi. XXIX, 9*. 115. Nir. II, 4*; Va. II, 9*; Vi. XXIX, 10*. 116. Vi. XXX, 41-42. 117. Vi.XXX,43*; Ga.yi,i-3, 5 ; Ba. I, 3, 25-28 ; Ap. I, 5, 19-20; 14, 7-9; Va. XIII, 41-43; Vi. XXVIII, 14-17; Go. Gri. Ill, 1,27. 118 119. Ga. II, 21, 25; Ap. I, 8, II. 120. Mah. XIII, 104, 64b-65'i. 121. Ap. I, 5,15; Ba. I, 3, 23^ 122. Ga.VI, 5; Ba. I, 3, 27; Ap. I, 5, 12; Va. XIII, 44; Vi. XXVIII, 17; Ya. I, 26; SL Gri. IV, 12, 5. 123. Va. XIII, 45. 124. Vi. XXVIII, 17. 125. Ap. I, 5, 18; Va. XIII, 46. 126 127. Ga.V, 41; Ap. I, 14, 26-29. 128. Ga.VI, 19. 129. Vi. XXXII, 7. 130. Ga.VI, 9; Ba. 1,3,45; Ap. 1,14, 11; Va. XIII, 41 ; Vi. XXXII, 4; 6U. Gri. IV, 12, 1-5- 131. Ga.VI, 7; Ap. I, 14, 6-9; Vi. XXXII, 2. 132. Ga. VI, 7-8 ; Vi. XXXII, 2. 133. yi. XXXII, 3. 134. Ap.1, 14,13*; Ga.VI, 14-17. 135. Mah. XIII, 8, 21; Ap. 1, 14, 25*; Vi. XXXII, 17*. 136. Vi. XXXII, 16*; Ga.VI, 20; Va.XIII,56-57; Ya.1, 116. 137. Ga.VI, 10; Ya. 1, 116. 138. Ga.VI, 24; Ba. II, 6, 30; Ap. II, II , 7 ; Va. XIII, 58, 60 ; Vi. LXIII, 5i;^Ya. I, 117. 139. Ga.VI, 25; Ap. II, 11,5-6; Va. XIII, 59; Ya. 1, 117. 140. Ga. I, 9-10; Ap. I, I, 13; Va. Ill, 21; Vi. XXIX, "i; Ya. I, 34. 141. Va. Ill, 22-23; Vi. XXIX, 2 ; Yd. I, 35. 142. Ya. I, 34. 143. Vi. XXIX, 3 ; Ya. I, 35- 144. Sa. Up. Ill* (p. 32, Bur.); Nir. II, 4*; Va. II, 10*; Vi. XXX, 47*; Ap. I, i, 14. 145. Va. XIII, 48*; Ga.VI, 51; Yd. I, 35- 146. Vi. XXX, 44*; Ga.VI, 50; Va. II, 3-5- 147. Vi.XXX,45*; Ap.I, 1,17. i48.^Vi. XXX, 46*; Ga. I, 8; Ap. I, I, 16, SYNOPSIS OF PARALLEL PASSAGES. 539 1 49* * * * * '* * 150 151. Ba. I, 3, 47. 152 153 154. Mah. Ill, 133, 12. 155. Vi. XXXII, 18*. 156. Ga. VI, 21-23. 157. Mah. XII, 36, 46 ; Va. Ill, ii*;Ba. I, I, 10*; Par. VIII, 23*. 158. Mah. XII, 36, 47; Par. VIII, 24*. 159. Ga. II, 42 ; Ap. I, 8, 25-30. 160 161 162. . 163. . i 164. ..,,... 165 A 166. Ap. I, 12, 1-2 ; Ya. I, 40. 167. Ba. II, II, 8. 168. Va. Ill, 2*; Vi.XXVIII,36. 169. Va.II,3*; Vi. XXVIII, 37; Ya. I, 39. 170. Mah. Ill, 180, 34I5; Va. II, 3*; Vi. XXVIII, 38. 171. Va. 11,6-1*; Ga. I, loj Va. 11,4-5; Ba. I, 3, 6a; Ap.li, i5> 19- 172. Mah. Ill, 180, 35a; Va. II, 6^*; Ba. I, 3, 6b*; Ga. II, 4-5- 173 174. Vi. XXVlI, 28*. 175 176. Ga. II, 8; Va.VII, 17; Vi. XXVIII, 4-5; Ya. I, 22. i77.^Ga. II, 13; Ba. I, 3, 23-24; Ap.I, 2, 23, 25-26; Ya. I, 33 ; Pa. Gn. II, 5, 12; Go. Gri. Ill, I, 17, 19, 23. 178. Ga.II, 13; Ba.I, 3, 24; Ap. I, 3, II, 17-24; 7, 5; Va. VII,i5; Vi. XXVIII, 11; Ya. I, 33; Go. G/V. Ill, I, 16, 19, 25-26. 179. Ga. II, 13, 16, 17 ; Ba.I, 3, 20; Ap. I, 3,12-13; 7,3, 8- 10; Vi. XXVIII, 11; Yl I, 33; Pa. Gn. II, 5, 12; Go. Gn. Ill, I, 16. 180. Vi. XXVIII, 48. 181. Vi. XXVIII, 51*. i82.^Ba.I, 3, 19; Ap.I, 4, 13-14; A. Gn'. I, 22, 5; Sa.. Gn'. II, 6, 8 ; Pa. Gn. II, 5,11; Go. Gn. Ill, I, 27. 183. Ga. II, 35; Ba. 1, 3, 18; Ap.I, 3, 25; Vi. XXVIII, 9; Ya. I, 29. 184. Ga. II, 37-38. 185 A 186. Ba. I, 3, 19 ; Ap. I, 4, 16 ; Vi. XXVIII, 4; A.Gn. 1,2 2, 6; ^a.G;7". 11,6,8; VLGn.lI, 5, 9, II ; Go. Grz. Ill, i, 27. 187. Vi. XXVIII, 52*; Ya. Ill, 281. 188. Ya. I, 32. 189. Ya. I, 32. 190. Ya. I, 32. 191. Ga. II, 29-30; Ap. I, 5, 24-27; Va. VII, 13; Vi. XXVIII, 6-7; Ya.I, 27; ^-a. Gri. II, 6, 8 ; Pa. Gn. II, 5, II ; Go. Gn. Ill, i, 15. A 192. Ga. II, 22 ; Ap. I, 5, 17. A 193. Ap. I, 6, 18-20. 194. Ga. II, 21; Ba. I, 3, 21 ; Ap.I, 4,22,28; Vi. XXVIII, 195. Ga. II, 25; Ap.I, 6, 5; Vi. XXVIII, 18. 540 LAWS OF MANU. 196. Vi. XXVIII, 19*; Ga.11,28; Ba. I, 3, 38; Va.VII,i2;Ap. I, 6, 6-9 ; Pa. Gri. II, 5, 30. 197. Vi. XXVIII, 20-22.^ 198. Ga. II, 14-15, 21 ; Ap. I, 2, 21; 3, 15; 6, 13-1 7 J 8,8-10; Vi. XXVIII, 23 ; SL Gri. IV, 8,5,7-11. 199. Ga. II, 18,23; Ap. 1,8, 15; Vi. XXVIII, 24-25. 200. Vi. XXVIII, 26. 201. 220. Vi. XXVIII, 53*; Ga. XXIII, 21; Ba. II, 7, 16; Ap. n, 12, 13-14J Va. XX, 4. 221. Va. I, 18 ; Ap. II, 12, 22. 222. Ga. II, II ; Ba. II, 7, 2; Vi. XXVIII, 2. 223. Mah. XIII, 105, 13; Ap.II, 29, II. 224 225. Ga. XXI, 15 ; Ap. I, 14, 6 ; Vi. XXXI, 1-3. 226 202 203. Ap. I, 6, 15, 23. 204. Ba. I, 3, 34; Ap. I, 8, 12- 13; Vi. XXVIII, 27-28. 205. Va. XIII, 54'-^*; Ga. VI, 3-4; Ap. I, 6, 29-30; 8, 19- 20; Vi. XXVIII, 29-30. 206. Ap. I, 7, 28-29. 207. Ga. II, 31; Ba. I, 3, 44; Ap. I, 7, 29-30; Va. XIII, 54; Vi. XXXII, I, 208. Vi. XXVIII, 31. 209. Ga. II, 32 ; Ba. I, 3, 36 ; Ap. 1,7,30; Vi. XXVIII, 32-33. 210. Ga. II, 31; Ba. I, 3, 37; Ap.1,7,27; Vi. XXXII, 2,5. 211. Ga. 11,32; Ba.I,3, 37; Ap. I, 7, 27; Vi. XXXII, 6. 212. Vi. XXXII, 13*; Ga. II, 34; Ba. I, 3, 33. 213. Mah. XIII, 48, 38. 214. Mah. XIII, 48, 37. 215" • " • • • • • 216. Vi. XXXII, 14*. 217.^ Vi. XXXII, 15 * ; Ga.VI, 2 ; Ap. I, 14, 8. 218 ^ . . 219. Ga. I, 27; II, 10; Ap. I, 2, 31-32; 30, 8; Va. VII, 11; Vi. XXVIII, 41. 227 228. Vi. XXXI, 5. 229. Mah. XII, 108, 5b. 230. Mah. XII, 108, 6; Vi. XXXI, 7 *. 231. Mah. XII, 108,7; Vi. XXXI, 8; Ap. I, 3,44. 232. Mah. XII, 108, 8a. 233. Mah. XII, 108, 8^-9; Vi. XXXI, 10 *. 234. Mah. XII, 108, 12; Vi. XXXI, 9 *. 235. Vi. XXXI, 6. 236. ....... 237 238. Mah. XII, 165, 31^ 32a; Ap. II, 29, II. 239. Mah. XII, 165, 31^ 32a. 240 241. Ga. VII, 1-3; Ba.1, 3,41-43; Ap.II, 4, 25. 242 243. Ga. Ill, 5,6; Ba. II,ii, 13; Ap.II, 21, 6; Va. VII, 4; Vi. XXVIII, 43 ; Ya. I, 49- 244. Ga. Ill, 9; Ya. I, 50. 245. Ga. II, 48-49; Ap. I, 7, 19; Vi. XXVIII, 42; Ya. I, 51 ; A. Gri. Ill, 9, 4 ; Go.Gr/. Ill, 4, 1-2. SYNOPSIS OF PARALLEL PASSAGES. 541 246. SL Gri. Ill, I, 18. 247. Ga. Ill, 7 ; Vi. XXVm, 44-45 ; Ya. I, 49. 248. Ga. Ill, 8; Va. VII, 5-6; Vi. XXVIII, 46 ; Ya. I, 49. 249. Vi. XXVIII, 47*. Manu III. 1. Ga. II, 45-47; Ba.I,3, 1-4; Ap. I, 2, 12-16 ; Ya. I, 36 ; A. Gri. I, 22, 3-4; Pa. Gri. II, 5, 13-15; II, 6, 2-3. 2. Va. VIII, I ; Ya. I, 52. 3. S^. Gri. Ill, I, 5, 17; Go. Gri. Ill, 4, 30-34. 4. Ga. IV, I ; Va. VIII, i ; Ya. I, 52 ; A. Gri. I, 5, 3-6 ; III, 9, 4 ; SL Gri. I, 5, 6-10 ; Pa. Gri. II, 6, I, 4 ; Go. Gri. II, I, 2. 5. Ga. IV, 2-5 ; Va. VIII, 1-2 ; Ba. II, I, 37-38; Vi. XXIV, 9-10; Ya. I, 53; Go. Gri. Ill, 4, 4-5. A 6. A. Gri. I, 5, I. 7. Ya. I, 54. 8. Vi.XXIV, 12-16; Ya.1,53. 9 10 II. Ya.1,53. 12 13. Ba. I, 16, 2-5; Va. I, 24-25; VLXXIV, 1-4; Ya. I, 57; Pa. Gri. I, 4, 8-1 1. 14. Va. I, 26 ; Ya. I, 56. 15. Vi. XXVI, 6*; Va. I, 27. 16. Ba. II, 2, 7. 17. Va. I, 27. 18. Vi. XXVI, 7 * ; Va. XIV, 11. 19 20. Mah. I, 73, 8. 21. Mah. I, 73, 8-9; Ba. I, 20, i; Va.I, 29; Vi.XXIV, 18. 22 23. Mah. I, 73, 10; Ga. IV, 15. 24. Mah. I, 73, lo-iij Ga. IV, 14 ; Ba. I, 20, 10 ; Ap. II, 12, 3; Vi. XXIV, 27-28. 25. Mah. I, 73, 11-12. 26. Mah. I, 73, 13; Ba. I, 20, 12. 27. Ga. IV, 6; Ba. I, 20, 2; Ap. 11, II, 17 ; Va.I, 30; Vi. XXIV, 19; Ya. I, 58; k.Gri. 1,6. 28. Ga. IV, 9; Ba. I, 20, 5; Ap. II, II, 19 ; Va. I, 31; Vi. XXIV, 20; Yll, 59; k.Gri. 1,6. 29. Ga. IV, 8 ; Ba. I, 20, 4 ; Ap. II, II, 18; Va. I, 32 ; Vi. XXIV, 21; Yll, 59; A.Gr/. 1,6. 30. Ga. IV, 7 ; Ba. I, 20, 3 ; Vi. XXIV, 22; Yll, 60; A. Gr/-. 1,6. 31. Ga. IV, 11; Ba. I, 20, 6^; Ap. II, 12, I ; Va. I, 35; Vi. XXIV, 24; Ya. I, 61; k.Gri. 1,6. 32. Ga. IV, 10 ; Ba. I, 20, 7^ ; Ap. II, II, 20; Va. 1,33; Vi. XXIV, 23; Ya. I, 61; A.Gr/. 1,6. * The order of the Sutras followed here is that adopted by Dr. Hultzsch in his edition of the text. 542 LAWS OF MANU. 33. Ga. IV, 12; Ba.I,2o, 8; Ap. 11,12,2; Va.I,34;Vi.XXIV, 25; Ya.I, 61; k.Gri.l, 6. 34. Ga. IV, 13; Ba. I, 20, 9; Vi. XXIV, 26; Ya. I, 61; A. Grt. I, 6. 35- . . . • • • ■ 36. . • • • . , , 37. Ga. IV, 33; Vi. XXIV, 29; Ya.I, 58 A. Gri •.I, 6. 38. Ga. IV, 29- 32; Vi. XXIV, 30-32 ; Yll 59- -60; A. Gri. 1,6. 39- . • . • • • • 40. • • • • . 41.. . • , • , . 42. Ba. I, 21, i; Ap. II, 12, 4. 43. Vi. XXIV, 5 ; Ya. I, 62. 44- Vi. XXIV, 6-8; Ya.I, 62. 45. Ga.V, 1-2 ;Ba. IV, 1, 1 8-1 9; Ap. II, I, 17-18; Va. XII, 21-24; Vi. LXIX, i; Ya.I, 79-81; SLGri. IV, II, 16; Pa. G?i. I, II, 7-8. 46. Ya. I, 79. 47- Ya. I, 79. 48. Ya. I, 79. 49- ••.,.. . 50. YL I, 79. 51. Ba.I, 21, 2-3; II, 2, 27; Ap. II, 13, 11; Va. I, 37-38. 52 53. Mah. XIII, 45, 20; Ap. II, 13, 12; Va. I, 36. 54. Mah. XIII, 46, 1^-2 a 55- Mah. XIII, 46, 3; Ya.I, 82. 56. Mah. XIII, 46, 5^-6 a. 57. Mah. XIII, 46, 6b 58. Mah. XIII, 46, 7. 59 60 61. Mah. XIII, 46, 4. 62 6^. Ba. I, 10, 26*. 64. Ba. I, 10, 28a*. 65. Ba. I, 10, 28b*. 66. Ba. I, 10, 29. 67. Ga.V, 7-8; Ba. II, 4, 22; Vi. LIX, 1-2 ; Yd. I, 97. 68. Par. II, II*; Vi. LIX, 19. 69. Vi. LIX, 20. 70. Ga. V, 3-4, 9 ; Ba. II, 5, 1 1 ; II, II, i;^Vi.LIX, 20-25; Ya. I, I02 ; A. Gri. Ill, i, 1-4. 71 72. Vi. LIX, 26*. 73- ^a. Gri. I, 5, i ; VL Gri. I, 4,^1. 74- A. Gri. I, I, 3 ; 6a. Gri. I, 10, 6. 75. A. Gri. Ill, 2, 2. 76. Mah.XII, 264,11; Mai. Up. VI, 37; Va. XI, 13. 77 78. Va. VIII, 14-16; Vi. LIX, 27-28. 79 80. Vi.LIX,2 9*; SLGri.11,16,6. 81. Ya. I, 23, 104. 82. Mah. XIII, 97, 8^-9 a; Ma. Sv.lY*; Vi. LXVII, 23-25. /Ga. V, 10; Ba. 11, 5, 11 ; 83. Ap. 11,3, 12, 16-17; Va. 84. I XI, 3; Vi. LXVII, 1-3; 85. I A. Gri. I, 2, 1-2 ; 6a. Gri. II, 14, 1-4; Pa. Gri. II, /Ga. V, 11-17; Ap. II, 3, 12,15, 18-23; 11,4,1-8; Va.XI, 4; Vi. LXVII, 4- 22; A. Gri. I, 2, 3-10; SL Gri. II, 14, 5-17; Pa. Gri. II, 9, 3-10; Go. Gri. I, 4, 8-12. 86. 87 88 89..^ 90 91 SYNOPSIS OF PARALLEL PASSAGES. 543 92. Ap. II, 9, 5-6; Vi.LXVII, 26; Ya. I, 103; SL Gn. II, 14, 22. 93. Ap.II, 4, 9; Vi.LXVII, 28, 32,44,46. 94. Ba. II, 5, 15; Ap. II, 4,10- 11; Va. XI, 5; Vi.LIX, 14; LXVII, 27 ; Ya. I, 108 ; St. Gri. II, 14, 20; Pa. Gn'. II, 9, 11-12. 95 96. Ga. V, 18; Ya. 1, 108; Si. Gri. II, 14, 19. 97. Va. Ill, 8. 98 99. Ga. V, 31-34; Va. VIII, 12; Ap. II, 4, 13, 16; II, 6, 7-14; Vi.LXVII, 45; Yll, 107, 1 00. Si. Gri. II, 17, I*; Vi. LXVII, 33. loi. Ap. II, 4,14*; Ga. V, 35- 36; Ya. I, 107. 102. Va. VIII, 7*; Vi. LXVII, 34*; Ga.V, 40. 103. Va. VIII, 8»*; Vi. LXVII, 35*; Par. I, 43*; Si. Gri. 11,16,3*; Ga.V,4o; Ap.II, 6, 5- 104. Ya. I, 112. 105. Va.VIII, 8b*; Ga.V, 40; Va. VIII, 4-5 ; Vi. LXVII, 29-30 ; Ya. 107. 106. Ga. V, 38-39; Ap. II, 8, 2-4 ; Ya. 1, 104. 107. Ya. I, 107. 108. Ap. II, 6, 16-17; Va. XI, 12. 109 . no. Ga.V, 43. III. Vi. LXVII, 36*; Ga.V, 44. iii. Vi. LXVII, 37*; Ga. V, 45; Ba. II, 5,14; Ap.II, 4, 18-20. 113. Vi.LXVII, 38*; Yll, 108. 114. Vi.LXVII, 39 *j Ga.V, 25; Ba.II,i3,5a-b; Ap.II, 4, 12; Ya. I, 105 ; Si. Gri II, 14, 21; Pa. Gri. II, 9, 13. 115. Ba. II, 1 3,5 c.d*; Vi.LXVII, 40*; Ba. II, 5, 18. 116. Vi. LXVII, 41*; Ap.II, 8, 2; Ya. I, 105; PI Gri II, 9, 14. ■ 117. Vi. LXVII, 42*; Ba. II, i3>6. 118. Vi. LXVII, 43*; Ba. II, 13,2. 119. Ga.V, 27-28; Ba.II, 6, 36- 38; Ap. II, 8, 5-9 ;Ja. XI, 1-2; Ya. L109-10; A. Gr/. I, 24, 1-4 ; Si. Gri. 11, 15, 1-9 ; Pa. Gri. I, 3, 1-3 ; Go. Gri. IV, 10, 24-26. 120. Ga. V, 29-30; Ba. II, 6, 37; Ya. I, no; Si. Gri. II, 15, 10. 121. Go. Gri. I, 4, 19. 122. Ga. XV, 2; Ya. I, 217. 123 124 125. Ba.II, 15,10*; Va.XI, 27*; Ma.^r.IV*;Ga. XV, 21; Vi. LXXIII, 3-4; Ya. I, 228; A. Gri. IV. 7, 2; Si. Gri. IV, I, 2. 126. Ba.11,15,11*; Va.XI,28*; Ma. ^-r. IV*. 127. . . . * * * 128. Va. Ill, 8a*; A. Gri. IV, 7,2. 129. Ga. XV, 21 ; Va. XI, 29. 130. Vi. LXXXII, 2. 131 544 LAWS OF MANU. X -i ^ 9 • ■ • • • • • 133 134. Mah.XIII, 90, 50; Va.VI, 26; Vi.LXXXIII,9-i3; Ya. I, 221. 135. Mah. XIII, 90, 51a. 136 137 138. Ga. XV, 12; Ba. II, 14,6; Ap. II, 17, 4; Va. XI, 17. 139. Ap. 11,17, 9- 140. Mah. XIII, 90, 42. 141. Mah. XIII, 90, 46; Ap. II, 17,8*. 142. Mah. XIII, 90, 44. 143 , • • • 144. Ba. II, 14, 4; Ap. II, 17, 5-6; Va. XI, 18. 145. Ma. ^-r. IV*; Ba. II, 14, 4- 146 147 148. Ma. ^r. IV*; Ga. XV, 20; Vi. LXXXIII, 17-18; Ya. I, 220. 149. Vi. LXXXII, 1-2. 150. Ga. XV, 16; Va. XI, 19; Ya. I, 223-224. 151. Ga.XV,i6,i8;Vi.LXXXII, 13- 152. Ga. XV, 18; Vi. LXXXII, 8-9. 153. Ga. XV, 16, 18; Va. XI, 19; Vi. LXXXII, 26; Ya. I, 222. 154. Ga. XV, 16, 18; Va.XI, 19; Ya. I, 223. 155. Ga. XV, 17-18; Ya. I, 222. 156. Vi. LXXXII, 20-21; Ya.I, 222, 223. 157. Vi. LXXXII, 23, 29; Ya.I, 224. 158. IVIah. XIII, 90, 7 ; Ga. XV, 18 ; Ya. I, 223-224. 159. Mah. XIII, 90, 8 ; Ga. XV, 19; Vi. LXXXII, 5, 28; Ya. I, 222, 223. 160. Ga. XV, 18; Vi. LXXXII, 18 ; Ya. I, 223. 161. Ga. XV, 18 ; Ap. II, 17, 21 ; Va.XI, 19; Vi. LXXXII, 19; Ya. I, 222. 162. Ap. 11,17,21; Vi. LXXXII, 7- 163 164. Ga. XV, 18; Vi. LXXXII, 22 ; Ya. I, 223. 165. Ya. I, 223. 166. Ga. XV, 16; Ya.I, 224. 167 168 1 69. 170. Mah. XIII, 90, 1 1 ^-13 a. 171. Par. IV, 20. 172. Mah. XII, 165, 68a; Ba.II, 1,39*; Par. IV, 19*. 173 174. Par. IV, 17 *, 175 176 177 178 179 180. Mah. XIII, 90, 1 3^-1 4 a 181. Mah. XIII, 90, i4i'-i5a. 182 183 184. Mah. XIII, 90, 36; Ga. XV, 9, 28; Ap. II, 17, 22; Vi. LXXXIII, 5; Ya. I, 219. 185. Mah. XIII, 90, 26>i-27''; Ml^-nlV*; Ga.XV, 28;Ba. A II, 14, 2 ; Ap. II, 17, 22 ; Vi, SYNOPSIS OF PARALLEL PASSAGES. 545 LXXXIII,2-4, 15,16; Ya.I, 219-221. 186. Ma. ^r. IV*; Ya.I, 219. 187. Ba. II, 14, 6; Ap. II, 17, 11-15; Va. XI, 17; Yi. LXXIII, 2; Ya.I, 225. 188. Ga. XV, 23; Ya. I, 225. 189. Ma. Sr. IV. 190 191. Ga. XV, 22. 192. 193. . . 194. . 195. . . 196. 197. . . 198. . 199. . . 200. 214. A. Gn'. IV, 7, 9. 215. Vi. LXXIII, 17-19; Ya. I, 241; ^^a. Gn. IV, I, lo. 216. Vi. LXXIII, 22. 217 218. Vi. LXXIII, 23. 219 220. Vi. LXXV, I. 221. Vi. LXXV, 4. 222 223. 201. 202. Ma. 6*^11; Ap Vi. LXXIX, 24 203. . . . 204. II, 19,3-5 Ya. I, 236. 205. Vi. LXXIII, 27; Ya. I 244. 206. Ga. XV, 25; Ap. II, 18, 6 Ya.I, 227; Vi. LXXXV, 62 207. Vi. LXXXV, 54-61. 208. Vi. LXXIII, 2 ; Ya. I, 226 A. Grz. IV, 7, 2. 209. Ba. II, 14, 7; Vi. LXXIII 12; Ya.I, 231; A.Gr/. IV, 8 I ; Sa. Gn. IV, 1,^5. 210. Ba. II, 14, 7; Ap. II, 17 17-19; Vi. LXXIII, 12; Ya I, 235; A. Gn. IV, 7, 5-7 SL Gn. IV, I, 2-3. 211. Ba. II, 14, 7; k.Gn.TV, 8, 4 ; Sa.Gn. IV, i, 6. 212. A. Gn. IV, 8, 5-6. 213 [25] N 224. Ap. II, 19, 9; Va. XI, 26. 225. Ba. II, 15,3*; Va. XI, 25*. 226 f'^P* •^^' ^^' 23-24; II, 19, < 19-22; Vi. LXXIII, 21, 227. I ' v^ 23-24. 228. Ap. II, 17, 4. 229. Ap. II, 18, 3; Vi. LXXIX, 19-21; LXXXI, 2. 230 231. Ba. II, 14, 5; Vi. LXXIX, 5-15; Ya. I, 239. 232. Vi. LXXIII, 16 ; A. Gn. IV, 8, 10 ; Sz. Gri. IV, i, 8. 233 234. Vi. LXXIX, 16; LXXXIII, 18. 235. Va. XI, 35*, 36; Ya. I, 235- 236. Vi. LXXXI, II, 19. 237. Va. XI, 32*; Vi. LXXXI, 20*. 238. Mah. XIII, 90, 19; Vi. LXXXI, 12-13.^ 239. Ga. XV, 24; Ap. II, 17, 20; Vi. LXXXI, 6-9. 240 241 242. Vi. LXXXI, 15. 243. Vi. LXXXI, 18. 244. Vi. LXXXI, 21*; Ya. I, 240; A. Gri. IV, 8, 14. n 546 LAWS OF MANU. 245- Vi. LXXXI, 22*; Va. XI, 2 ^ *. 246. Vi. LXXXI, 23*; Va. XI, 24*. 247. VLXXI, 2-3; Yl II, 250; SL Gri. IV, 2, 1-4. 248 249 250. Mah. XIII, 90, i2l>-i3aj Va. XI, 37*. 251.^ Vi. LXXIII, 26 ; Yll, 240; A. Gn. IV, 8,11; Sa. Gri. IV, 2, 5-7. 252. Ya. I, 243; k.Gn. IV, 8, 15; 253. A. Gri. IV, 8, ii; SL Gri. IV, I, 12; Ya. I, 240. 254. Va. Ill, 69-71 ; S?i. Gri. IV, 2j 5; IV, 4, 14. 255 256 257 258. Vi. LXXIII, 27. 259. Vi. LXXIII, 28*; Ycl I, 245*. 260. Ya. I, 256; Go.Gr/. IV, 3, 31-34- 261. Ba. II, 14, 9; A. Gri. IV, 8,12-13; ^a. G;Y. IV, I, 9. 262. Go. Gri. IV, 3, 27. 263 264 265. Va. XI, 21-22 ; Ya. I, 256. 266 267. Mah. XIII, 88, 3; Ga. XV, 15; Vi. LXXX, i; Ya. I, 257. 268. INIah. XIII, 88, 5; Ga. XV, 15; Vi. LXXX, 2-5; Ya. I, 257- 269. Mah. XIII, 88, 7 ; Ga. XV, 15; Vi. LXXX, 6-9; Ya. I, 257-258. 270. Ga. XV, 15; Ap. II, 16, 27 ; Vi. LXXX, lo ; YL I, 258. 271. Mah. XIII, 88, 9b; Ga. XV, 15; Ap. II, 16,26; Vi. LXXX, 11-12 ; Ya. I, 257. 272. Ga.XV, 15; Ap. II, 17,1-3; Vi. LXXX, 14; YLl, 259. 273. Mah. XIII, 88,15; Ap. II, 19, 22 ; Ya. I, 260. 274. Mah. XIII, 88, 12 a; Ma.^-r. II ; Va. XI, 40 * ; Vi. LXX VHI, 52-53- 275- ....... 276. Ga. XV, 3; Ap. II, 16, 6; Va. XI, 16. 277. Ga. XV, 4 ; Ap. II, 16, 8-22 ; Vi. LXXVIII, 8-49; YS. I, 261—267. 278. Ap. II, 16,5; Va. XI, 36; Vi. LXXIII, 2. 279. Ya. I, 232. 280. Ap.II, 17, 23; Vi.LXXVII, 8. 28X 282 283. Ma.^r.II; Ba.II, 11,3; Ap. I, i3> I- 284. Ya. I, 268. 385. Mah. Ill, 2, 60; XII, 244, 1 2 3-1 3 ^ 286. SYNOPSIS OF PARALLEL PASSAGES. 547 Manu IV. 1. Mah. XII, 244, 1. 2. Mah. XII, 263, 6. 3 5. Sa.. Gn. IV, ii, 13. 6. S^. Gri. IV, 11, 15. 7. Ya. I, 128. 8. Ya. I, 128. 9. Mah. XII, 244, 4. 10. II 12. Ya. I, 129. 13 14. Va. XXVII, 8*; Si. Gn. IV, II, 16. 15. Ya. I, 129. 16 17. Ba. I, 10, 30 ; Vi. LXXI, 4; Ya. I, 129. 18. Vi. LXXI, 5-6; Ya. I, 123. 19. Vi. LXXI, 8; Ya. 1,99. 20 21. Ga. V, 3. 22 23 24 25. Ba. II, 4, 23; Va. XI, 46; Vi. LIX, 4; Ya.I, 124. 26. Ba. II, 4, 23; Va. XI, 46; Vi. LIX, 5-7, 9; Ya. 1,125; ^a. Gri. Ill, 8, i. 27 28 ■ . 29 30. Ya. I, 130. 31. 6'a. Gri. I, 2. 32. Ga.V, 22; Ba. II, 5, 19-20; Ap. II, 4, 13. 33- Ga. IX, 63-64 ; Va. XII, 2 ; Vi. LXIII, i; Yll, 130. 34. Ga. IX, 3; Ap. I, 30, 13; Va. XII, 4 ; Vi. LXXI, 9. 35. Ga.IX,4,6, 7, 71-72; Ba.I, 5,7; Ap. I, 30,10-12; Ya.I, 131. 36. Ba. I, 5, 3-5 ; I, 6, I ; II, 6, 7; Va. XII, 14, 37-38; Ap. I, 8,2; Vi. LXXI, 13-16; Ya. 1,133; ^a.Gr/.IV, 11,21-22; Go. Gri. Ill, 4, 25-27. 37. Mah. XIII, 104, i7b-i8a; Ba. II, 6, 10; Ap. I, 31, 20; Va. XII, 10; Vi. LXXI, 17- 21; Ya.I, 135; SL Gri. IV, II, 2 ; Pa. Gri. II, 7, 6. 38.^ Ga. IX, 52; Ba. II, 6, 15; Ap.I, 31, 15; Va. XII, 9; Vi. LXXI, 23 ; LXIII, 42-43 ; A. Gri. Ill, 9, 6 ; Pa. Gri II, 7, 8; Go. Gri. Ill, 5, 11. 39. Ga. IX, 66 ; Vi. LXIII, 26- 30; Ya. I, 133; SL Gri. IV, 12, 15. 40. Ga. IX, 29-30; Va. XIL6; Vi. LXIX, 11; Go. Gri. Ill, 5, 5- 41. 42. 43. Vi. LXVIII, 46*; Ga. IX, 32; Va. XII, 31; Vi. LXXI, 25; Ya. I, 131; Si. Gri. IV, II, 10. 44. Ga. IX, 32, 48; Vi. LXXI, 26; Ya. I, 135. 45. Ga. IX, 40, 61 ; Va. VI, 12 ; XII, II ; Ba. II, 6, 24 ; N n 2 548 LAWS OF MANU. Ap. I, 30, i8; Vi.LX, 11,16, 19; LXIV, 5; LXVIII, 14; Ya. I, 131, 134; A. Gr?'. Ill, 9, 6 ; Pa. G;V. II, 7. 6. 46. Va.VI,i2*; Ga.IX,4o; Ap. I, 30, 18; Vi. LX, 4, 10, 21 ; Ya. I, 134; P1G;Y. II, 7, i5- 47. Vi. LX, 8-9, 1^5 ; Ya. I, 134. 48. Ga. IX, 12 ; Ap. I, 30, 20 ; Vi. LX, 22 ; Ya. I, 134 ; Sa.. Grt. iV, 12, 23. 49. Ga.IX,^3 7-38, 41-43; Ba.I, 10, 10; Ap. I, 30, 14-15; Va. XII, 13; Vi.LX, 1,3, 23; Ya. I, i6; Pa. Gri. II, 7, 15 ; Si. Gr/. IV, 12, 20-22. 50. Va. VI, 10*; Ba. I, 10, 10; Ap. 1,31,1; Vi.LX,2; Yll, 16; SLGri. IV, 12, 25. 51. Va.VI,i3*. 52. Va.VI, II*. ^ 53. Ga. IX, 32; Ap. I, 15, 20; I, 30, 22; Va. XII, 27; Vi. LXXI, 26, 3^2-34, 37 ; Ya. I, I35> 137 ; A. Gr?'. Ill, 9, 6; SL Gri. IV, 1 1 , 1 . 54. Ga. IX, 73; Ap. I, 15, 21; 11, 12, 6; Vi. LXXI, 36; Ya. I, 137- 55. Vi. LXIII, 8; LXVIII, 12; LXXI, 41, 55 ; see above, II, IV, 220-221. 56. Ap. I, 30, 19 ; Vi. LXXI, 32-35; Ya. I, 137 ; 6'a. Gii. IV, 12,26. 57. Ga.IX,54-55;Va. XII, 42 Vi. LXX, 13; LXXI, 56, 58 Ya.I, i38;6'a.Gr/. IV,ii,6 IV, 12,7. 58. Mah. XII, 193, 20 ; XIII, I63,5o^Ba. II, 6,38*; Vi. LXXI, 60; ^-a. Gr/. IV, 7, 48. 59. Ga. IX, 22-23; -B^- II> 6, 11,17; Ap. 1,31,10,18; Va. XII, 32-33; Vi. LXXI, 62; Ya. I, 140. /Ga. IX, 65; Ba. II, 6, 21, 60. \ 31; Ap. I, 15, 22 ; I, 32, 61.) 18; Vi. LXIII, 2; LXXI, \ 64-68. 62. Ga. IX, 58; Vi. LXVIII, 27 ; see above, II, 56-57 ; Sz. Gri. IV, II, 8. 63. Ga. IX, 9, 50, 56 ; Ba. II, 6,5; Vi. LXVIII, 21; LXXI, 69. 64. Ga. IX, 51 ; Ap. II, 20, 13 ; Vi. LXXI, 70-71; Pa. Gr?-. n, 1, 3-4. 65. Vi. LXVIII, 20; LXXI, 39. 66. Ga. IX, 4 ; Vi. LXXI, 47 ; Si. Gri. IV, II, 9. 67. Vi. LXIII, 13-15, 17- 68 69. Vi. LXXI,44,46; Ya. 1, 139. 70. Ga. IX, 51; Ap. I, 32, 28; Vi. LXXI, 42-43. 71. Mah. XIII, 104, 15a. 72. Ga. IX, 32; Ba. II, 6, 9; Ap. 1,32, 5; Vi. LXIII, 16; ^Sa. Gr?'. IV, 12, 11. 73.^ Ga. IX, 32; Ba. II, 6, 13; Ap.I, 31, 23; Ya.1,140; Pa. Gr/.II,7,6;Go.Gr?'.III,5,35. 74. Ga. IX, 32 ; Ba. II, 6, 6 ; Va. XII, 36; Vi. LXVIII, 19, 23; LXXI, 45; va. I, 138; Go. Gr?'. Ill, 5, 12. 75. Ga. IX, 60; Vi. LXVIII, 29; LXX, 3; A. Gr;-. III. 9, 6. 76. Mah. XIII, 104, 6it'-62'V; Vi. LXVIII, 34; LXX, I. 77. Ga. IX, 32; Ba. II, 6, 26; SYNOPSIS OF PARALLEL PASSAGES. 549 Va. XII, 45 i^ Vi. LXIII, 46 ; Ya. 1,135; A. Gr?-. Ill, 9, 7; SL Gn. IV, 12, 19; Pa. G;Y. II, 7, 6. 78. Ga. IX, 15; Ba. II, 6, 16 ; Ap. II, 20, 11; Vi. LXIII, 24-25; Ya. I, 139. 79 / • • 80. Va. XVIII, 14*; Ap. I, 31, 24; Vi. LXXI, 48-52. 81. Va. XVIII, 15*. 82. Mah. XIII, 104, 69; Vi. LXVIII, 38; LXXI, 53. 83. Vi. LXIV, 12. 84. Ya. I, 140. 85. Ya. I, 141. 86 87 88. Vi. XLIII, 2-7. 89. Vi. XLIII, 8-15. 90. Vi. XLIII, 16-22. 91 92. Mah. XIII, 104, 16 a; Va. XII, 47 ; Vi. LX, I ; SL Gri. IV, II, 19. 93. Vi. LXXI, 77. 94. Mah. XIII, 104, iS^J. 95. Ga. XVI, 1-2; Ba. I, 12, 16; Ap. I, 9, I, 3; Va. XIII, 1-5; Vi. XXX, i; Ya. I, 142; A. Grz'. Ill, 5, 2-3, 14; Sa. Gri. IV, 5, 1-2 ; Pa. Gri. 11, 10, 1-2 ; II, II, lo-ii ; Go. Gri. Ill, 3, I, 13. 96. Ba. I, 12, 16 ; Ap. I, 9, 2 ; Vi. XXX, 2; Ya. I, 143; ^a. Gri. IV, 6, I ; Pa. Gri. II, 12, I ; Go. Gri. Ill, 3, 14. 97. Ga. XVI, 40; Vi. XXX, 4; SL Gri. IV, 6, 9. 98. Va, XIII, 6-7; Vi.XXX, 3. 99. Ga. XVI, 19; Ba. I, 21, 15; Ap. I, 9, 9-1 1 ; Va. XVIII, 12-13; Vi.XXX, 14, 27; YL I, 148; Si. Gri. IV, 7, 20. 100 loi. Va. XIII, 8. 102. Ga. XVI, 5-6. 103. Ga. XVI, 22 ; Ba. I, 21,6; Va. XIII, 36-37; Vi. XXX, 8, 9; Ya. I, 145, 149; SL Gr/.IV, 7, 4; Pa. Gr/. II, 11, 2; Go. Gri. Ill, 3, 17, 19. 104. Ga. XVI, 10, 23; Ap. I, II, 8, 27-28, 31. 105. Ga. XVI, 15-16, 22 ; Ba. I, 21, 4; Ap. I, 11,30-31 ; Va, XIII, 32-33, 35; Vi. XXX, 9; Ya.I, 145; Pa. Gr/.II, 11, 2-3 ; Go. Gri. Ill, 3, 18-19. 106. Ba. I, 21, 7 ; Ap. I, 9, 2c- 24; I, II, 29; Va. XIII, 9; Ya. 145. 107. Ga. XVI, 19, 45 ;^Ba. I, 21, 4; II, 6, 33-34; Ap. I, 10, 22; I, II, 31 ; Va. XIII, 17; Ya.I, 150; ^a.Gr?".IV,7, 27. 108. Ga^ XVI, 7, 19 ; Ba. I, 21, 5; Ap. I, 9, 14; I, 10, 17 ; Va. XIII, 11; Vi. XXX, 10; Ya. I, 148; ^a. Gri. IV, 7, 24, 37 ; Pa. Gri. II, 11, 4, 6 ; Go. Gri. Ill, 3, 28. 109. Ga. XVI, II, 12, 18, 34, 46; Ba. I, 21, 8, 21 ; Ap. I, 10, 25-26; I, II, 17, 25-26; I, 32, 12; Vi. XXX, 16; Ya. I, 149; ^-a. Gri. IV, 7, 5, 36; Pa. Gr/. II, II, 2, 4. no. Ga. XVI, 22; Ap. I, 11,30; Va. XIII, 34 ; Vi. XXX, 5 ; Ya.I, 146; Go. Gr/. Ill, 3,25. III. Ap. I, 10, 26; I, II, 25; Ya. I, 146. 550 LAWS OF MANU. 112. Ga. XVI, 17,34; Va. XIII, 14, 23; Vi. XXX. 17; St. Gn. IV, 7, 45. 113. Ga. XVI, 7, 12, 35; Ba. I, 21, 4, 5> i7>22; Ap. I, 9, 28; I, II, 15,25, 31; Va. XIII, 10, 21-22; Vi. XXX, 4; Ya. I, 146, 148, 150; .Sa. Gn'. IV, I, 7-8> 17, 31; Pa. Gn. II, II, I, 4, 6; Go. Gn'. Ill, 3, 20-21. 114. Ba. I, 21, 22 *. 1 1 5. Ga. XVI, 8 ; Ba. I, 21, 16; Ap. I, 10, 17; I, II, 33 ; Va. XIII, 35; Vi. XXX, 9, 12; Ya. I, 148, 150; Pa. Gri. II, II, 6. 116. Ga. I, 61 ; XVI, 18; Ba. I, 21, 8; Ap. I, 9, 6 ; I, 11, 9; Va.XIII, 13,26-27; A^i.XXX, 15; Ya. I, 146, 148; ^a. G/7'. IV, 7,12, 22, 50; Pa. Gn. II, II, 6. 117. Ga.XVI,48; Va.XIII, 16*; ^a.Gr/.IV, 7, 55*; Ba.I, 21, lO-II. 118. Ga. XVI, 34 ; Ba. I, 21,20; Sa.. Gri. IV, 7, 2-3 ; Pa. Gr;'. II, II, 2, 5. 119. -5a. Gn'. IV, 5, 17*; Ap. I, 10,1-2; Ga. XVI, 36,38; Vi. XXX, 5, 24-25; Ya. I, 144, 146; Pa. Gn. II, 10, 23; II, II, 2 ; Go. Gn'. Ill, 3, 22. A. 120. Ga. XVI, 17; Ap. I, 9, 27; I, 11,16; Va. XIII, 17-19; Vi. XXX, 18-21; Ya. I, 151; ^a. Gn. IV, 7, 23, 32, 34. 121. Ga. XVI, 20, 34 ; Ap. I, 10, 20; Va.XIII, 20, 28, 31; Vi. XXXj IT, 19-21 ; Ya. I, 149; ^a. Gn. IV, 7, 40, 48 ; Pa. Grt. II, II, 4. 122. Ap. I, II, 8; Vi. XXX, 7; Ya. T, 149 ; SL Gri. IV, 7, 28, 38; Pa. Gn. II, II, i; Go. Gn. Ill, 3, 28. 123. Ga. XVI, 21 ; Ba. I, 21, 5 ; Ap. I, 10, 17-18; Va. XIII, 30; Vi. XXX, 26; Ya. I, 145, 148; SL Gn'. IV, 7, 21 ; Pa. Gn'. II, II, 6. 124 125 126. Ga. I, 59; Vi. XXX, 22; Ya. 1, 147; SLGn.lY, 7,33. 127. Ya. I, 149; A. Gr/. Ill, 4, 7 ; SL Gn'. IV, 7, 6, 9-1 1, 13- 14; Pa. Gr/. II, II, 7-9 ; Go. Gn. Ill, 3, 24-27. 128. Mah. XIII, 104, 29; Ba. I, 21, 18; Ap. I, 31, 21 ; Va. XII, 21; Vi.LXIX, i; Ya. I, 79- 129. Ba. II, 6, 25; Ap. I, 32, 8 ; Vi. LXIV, 3-4, 6 ; A. Gn. Ill, 9, 6. 130. Vi. LXIII, 40; Ya. 1,152. 131. Mah. XIII, 104, 2 7 15-28 « ; Vi. LXIII, 19. 132. Vi. LXIII, 41; Ya. I, 152. 133 134. Mah. XIII, 104, 21. 135. Yll, 153. 136 137. Vi. LXXI, 76; Ya. I, 153. 138. Ga. IX, 68; Vi. LXXI, 73- 74 ; Ya. I, 132. 139. Ga. IX, 20, 32 ; Ap. I, 31, 13-14; Vi. LXXI, 57; Ya.I, 132 ; Go. Gr/. Ill, 5, 19-20. 140. Mah. XIII, 104, 24l'-25"; Ba. II, 6, 21-23; Va. XII, SYNOPSIS OF PARALLEL PASSAGES. 551 43 ; Vi. LXIII, 4, 6-7, 9 ; ^a. Gri. IV, 12, 12 ; Go. Gr?'. Ill, 5, 32-34- 141. Mah. XIII, 104, 35; Vi. LXXI, 2. 142. Ap. I, 15, i8; Ya. I, 155. 143. Ap. I, 16, 14. 144. Vi. LXXI, 79. 145 171. 172. 173- 174. Mah. Ill, 94, 4. 175. Ga. IX, 50, 68-70. 176. Ga. IX, 47, 73; Vi. LXXL 84-85; Ya. 1, 156. 177. Va. VI, 42 *. 178. 146. Va. XXVI, 14*. 147 148 149 150. Vi. LXXI, 86; LXXVI, i ; Ya. I, 217. 151. Mah. XIII, 104, 82; Ga.IX, 39; Ap. I, 31, 2 ; Ya. I, 154. 152. Mah. XIII, 104, 23. 153. Ap. I, 31, 21-22. 154. Mah. XIII, ^04, 65^1-66^; Ba.II, 6, 35; Ap.II, 7, 7-1 1. 155. Vi. LXXI, 90*; Ya. I, 154. 156. Mah. XIII, 104, 6; Vi. LXXI, 91*; Va.VI, 7*. 157. Va.VI, 6*. 158. Mah.XIII, 104, 13; Va.VI, 8*; Vi. LXXI, 92*. 159 160 161 A. 162. Ap. I, I, 14; Ga. XXI, 15. 163. Mah. XIII, 104, 36 ; Ap. I, 31, 25; Va. XII, 41; Vi. LXXI, 83. 164. Mah. XIII, 104, 37; Vi. LXXI, 80-82. 165. Ga. XXI, 20. 166. Ga. XXI, 21. ^^^•{.Ga. XXI, 22. 168. J 169 170 179. Mah. XII, 244, i4'5-i5a; Ya. I, 157. 180. Mah. XII, 244, 151^-16-; Ya. I, 158. 181. Mah. XII, 244, i6^'-i7a. 182. Mah. XII, 244, i7b_i8<\ 183. Mah. XII, 244,18^-193. 184. Mah. XII, 244, 19^-20-''. 185. Mah. XII, 244, 20^-21 ^ 186. Vi. LVII, 6-7. 187. Vi. LVII, 8. 188. Va. VI, 32*; Yd. I, 201- 202. 189 190. 191. Va. 192. Vi. 193- • 194. , 195. Vi. 196. Vi. 197. Vi. 198. Vi. 199. Vi. 200. Vi. 201. Ba. Ya. I 202. Ba. 203. Vi. 204. Ya. 205. Ga. 206. 207. Ga. I, 202. XCIII, 7 *. XCIII, 8 *. XCIII, 9 *. XCIII, 10*. XCIII, II*. XCIII, 12*. XCIII, 13 *. II, 5, 6 ; Vi. LXIV, I ; II, 6, 29 ; Ya. I, 160. LXIV, 16; Ya. I, 159. III, 313-314- XVII, 18; Ap.I, 18,27. XVII, 9-10; Ap.I, 16, 552 LAWS OF MANU. 23-27; 1,19,1; Va. XIV, 3 22-23 ; Vi. LI, 19 ; Ya. 1, 162 167, 168. 208. Ga.XVII, lo-ii; Ap. I, 16 29; Vi. LI, 17-18; Ya. I 167, t68. 209. Ga. XVII, 1 2, 1 7 ; Ap. 1, 1 8 16-17; Va. XIV, 9-10; Vi LI, 7, 9, 17 ; Ya. I, 161, 168. 210. Mah. XII, 36, 29 a; Ga XVII, 17-18; Ap. I, 18, 18 22-26; I, 19, i; Va. XIV 2-3; Vi. LI, 7-9; YL I 161. 2 11. Ga. XVII, 1 4, 1 6, 1 7 ; Ap. I 17, 17-20; I, 18, 13; I, 19 15 ; Va. XIV, 2, 4, 20, 28-29 Vi. LI, 9, 10; Ya. I, 161-162 167 ; Sa. Gri. IV, 11, 11; Go Gn. Ill, 5, 9. 212. Ap. I, 19, 15a*; Va. XIV 19a*; Ga. XVII, 17, 19; Ap I, 16, 19; I, 17, 3; I, 18, 21 Va. XIV, 2; Vi. LI, 10; Ya I, 162. 213. Ga. XVII, 17-19, 20; Ap I, 17, 4; II, 6, 19-20; Va XIV, 2; Vi. LI, II, 18, 20 Ya. I, 162-164, 167. 214. Ga. XVII, 18; Ap. I, 18 30; Va. XIV, 3; Vi. LI, 12 Ya. I, 161, 164, 165. 215. Ap. I, 18, 19; Va. XIV, 5 Vi. LI, 14 ; Ya. I, 161, 163. 216. Ga. XVII, 18; Va. XIV, 3 11; Vi. LI, 15-16; Ya. 1, 163 164. 217. Mah. XII, 36, 28^; Ga XVII, 18; Ap. I, 16, 18; Va XIV, 6,11; Ya. I, 163. 218. Mah.XII, 36, 27; Va.XIV, 2 ; Vi. LI, 8. 219 220. Mah. XII, 36, 28a. 221 222. Ga. XXIII, 23-24. 223. Ap. I, 18,3-8, 14. 224. Mah. XII, 265, iib-i2«; Ba. 1,10,5*; Va. XIV, 17. 225. Mah. XII, 265, 12^-13.''; Ba. I, 10, 5*; Va.XIV, 17. 226 227. Vi. XCII, 32 ; Ya. I, 201. 228. Ya. I, 203. 229. Va. XXIX, 8; Vi. XCI, 3, 15, 16; XCII, 21, 23; Ya. I, 210. 230. Vi. XCII, 13, 14; Ya. I, 210. 231. Vi. XCII, 5, II, 12; Ya. I, 204-206, 210. 232. Va. XXIX, 12; Vi. XCIL 22, 27 ; Ya. I, 211. 233. Va. XXIX, 19; Ya. I, 212. 234 235- ....... 236 237 238 239 240. Mah. XIII, III, 1 1 15-1 2 a. 241. Mah. XIII, III, lo^ 13^ 14. 242. Mah. XIII, III, i5-t. 243 244 245 246 247. Ga. XVII, 3; Ap. I, 18, I ; Va.XIV, 12 ; Vi. LVII, 10; Ya. I, 214. 248. Va. XIV, 16*; Ap. I, 19, 14*; Vi. LVII, II*; Ya. I, 215. SYNOPSIS OF PARALLEL PASSAGES. 55. 249. Va. XIV, 18*; Ap. I, 19, 14*; Vi. LVII, 12*. 250. Ga. XVII, 3; Ba. I, 9, 8; Ap. I, 18, I ; Va. XIV, 12 ; . Vi. LVII, 10; Ya. I, 214. 251. Va. XIV, 13*; Vi. LVII, 13*; Ga. XVII, 4; Ap. I, 7, 20 ; Ya. I, 216. 252. Vi. LVII, 15*. 253. Vi. LVII, 16*; Ga. XVII, 5-6; Ap. I, 17, 14; Ya. I, 166. 254 255 256 257 258 259 260. Ga. IX, 74 ; Ba. II, 3, i ; Va.VIII, 17. Manu V. I 2 3 5. Ga. XVII, 32; Ap. I, 17, 26, 28 ; Va. XIV, 33 ; Vi. LI, 3. 34, 36; Ya. I, 171. 6. Ga.XVII, 32,33; Va. XIV, 33; Vi.LI, 36; Ya.1,171. 7. Ga. XVII, 31; Vi. LI, 37; Yll, 171, 173. 8. Ga. XVIL 22-26; Ba. I, 12, 9-11 ; Ap, I, 17, 22-24; Va. XIV, 34-35 ; Vi. LI, 38- 40; Ya. I, 170. 9. Ga.XVII, 14; Ba. 1, 12, 15; Ap. I, 17, 18; Va. XIV, 37- 38; Vi. LI, 38, 42; Ya. I, 167, 170. 10. Ga.XVII, 14; Ba. 1, 12,14; Ap. I, 1 7, 1 9 ; Vi. LI, 42 ; Ya. I, 169. 11. Ga. XVII, 28-29; Ba. I, 12, 1-2 ; Ap. I, 17, 29, 34; Va. XIV, 48 ; Vi. LI, 28, 29, 30; Ya. I, 172. 12. Ga.XVII, 28-29; Ba. I, 12, 3; Ap. I, 17, 32-33, 35; Va. XIV, 48; Vi.LI, 3, 29; YL I, 172, 173, 174. 13. Ga.XVII,35; Va.XIV,48; Vi.LI, 27; Ya.1,172, 174, 175- 14. Ga.XVII, 29,34; Ba.1, 12, 3, 8 ; Va. XIV, 48 ; Vi. LI, 21, 29; Ya. I, 173, 174, 175- 15 16. Ga.XVII, 36-37; Ba. 1, 12, 8; Vi.LI, 21; Ya. 1, 177-178. 1 7.^ Ga.XVII, 27; Ba. 1,12,5; Ap. I, 17, 37; Va. XIV, 39, 44; Vi.LI, 6, 27; Yl I, 174- 18. Ga. XVII, 27; Ba. I, 12,4- 5; Ap. I, 17,37; Va. XIV, 39, 40, 47 ; Vi. LI, 6, 26 ; Ya.I, 177. 19. Ga.' XXIII, 5; Vi.LI, 3-4; Ya.I, 176. 20. Ya. I, 176. 21 22. Va.XIV, 15. 23 24. Vi. LI, 35; Ya. I, 169. 25. Vi.LI,35; Ya.1,169. 26. Ya.I, 178. 27. Ya. I, 179. 28. Mah. XII, 10, 6. 554 LAWS OF MANU. 29. Mah. XII, 99,15. 30 31 32 33 34. Vi. LI,62*. 35. Va.XI,34*. 36. Vi. LI,59*. 37 38. Vi. LI, 60*; Ya. 1,180. 39. Vi. LI, 61*. 40. Vi. LI, 63*. 41. Va. IV, 6*; Vi. LI, 64*; SL Gri. II, 16, I*. 42. Vi. LI, 65*. 43. Vi. LI, 66*. 44. Vi. LI, 67*. 45. Vi. LI, 68*. 46. Vi. LI, 69 *. 47. Vi. LI, 70*; Ya. I, 181. 48. Vi. LI, 71*; Va. IV, 7*. 49. Vi. LI, 72*. 50. Vi. LI,73*. 51. Vi. LI,74*. 52. Mah. XIII, 115, 14 n, 36'^; 116, iif ; Vi. LI, 75*. 53. Mah. XIII, 115, 10, 16; Vi. LI, 76*; Ya. I, 181. 54. Vi. LI,77*. 55- Vi. LI,78*. 56 57- • • ■ ^. . . • 58. Par. 111,21*; Ap. 11,15, 4-5; Vi. XXII, 26-27; Ya. Ill, 18, 23. 59. Ga. XIV, I ; Ba. I, 11, i ; Va. IV, 16; Vi. XXII, i; Ya. Ill, 18; A. Gri. IV, 4, 18; -^a. Gr/. IV, 7, 6. 60. Ga. XIV, 13 ; Ba. I, 11, 2 ; Ap. II, 15, 2-3; Va. IV, 17- 18; Vi. XXII, 5. 61. Va. XIV, 20*; Ga. XIV, 14 ; Ba. I, II, I. 62. Par. Ill, 31*; Ga.XIV, 15- 16; Ba. I, II, 19-23; Va. IV, 21-22 ; Ya. Ill, 19. 63 64. Ga. XIV, 23, 25, 27. 65. Vi. XXII, 85*; A. Gri. IV, 4, 19- 66. Ga. XIV, 17; Ba. I, 11,31; Vi. XXII, 72; Ya. Ill, 20. 67. Vi. XXII, 29-30; Ya. Ill, 23- 68. Ba. 1, 11,4; Ya. Ill, i. 69. Ba. I, 11,4; Ap. II, 15, 6-7; Va. IV, 34 ; Vi. XXII, 28 ; Ya.III, I ; A. Gr/. IV, 4,24; Pa. Gri. Ill, 10, 4-7. 70 71. Ga.XIV, 20; Ba. I, 11,30; A. G/7'. IV, 4, 26 ; ^a. Gri. IV, 7, 13; Pa. Gri. 11, 11,8; Go. Gri. Ill, 3, 24. 72. Ba. I, 11,8*; A. Gr/.IV, 4. 23- 73. Ga.XIV, 37-39; Ba. I, II, 24; Ap. II, 15, 9-10; Ya. Ill, 16; A. Gr/. IV, 4, 16. 74 75. Vi. XXII, 39 ; Ya. Ill, 21; Pa. Gri. Ill, 10, 44. 76. Ga. XIV, 44 ; Va. IV, 36 ; Vi. XXII, 40-41; Ya.III, 21; Pa. Gri. Ill, 10, 45. 77. Ya.III, 21. 78. Ga. XIV, 19,44. 79. Ga. XIV, 6 ; Ba. I, 11, 17- 18; Va. IV, 24; Vi. XXII, 35 ; Ya. Ill, 20. 80. Ga.XIV, 28; Ba.I, 11,28; Vi. XXII, 42-44; Ya. Ill, A. 24; A. Gri. IV, 4, 21; SL SYNOPSIS OF PARALLEL PASSAGES. 555 Gri. IV, 7, 9-10; Pa. Gri. II, II, 7 ; Go. G7'i. Ill, 3, 26. 81. Ga. XIV, 20, 22 ; Ba. I, 11, 29-30; Vi. XXII, 44; Ya. Ill, 24. 82. Vi. XXII, 45-46 ; Ya. Ill, 24-25 ; Go. Gri. Ill, 3, 25. 83. Ga. XIV, 2-5; Va.IV, 27- 30 ; Vi. XXII, 1-4 ; Ya. Ill, 22. 84 85. Ga. XIV, 30; Ba. I. 9, 5 ; I, II, 36; Va. IV, 38; Vi. XXII, 69 ; Ya. Ill, 30. 86. Ba. I, 15, 31. 87 88. Vi. XXII, 87*; Ya. Ill, 5- 89. Vi. XXII, 56 ; Ya. Ill, 6. 90. Ya. Ill, 6. 91. Vi. XXII, 86*; Ya. Ill, 15- 92 93. Va. XIX, 48*; Ga.XIV, i, 45-46; Ba. I, II, I ; Vi. XXII, 48-50; Ya. Ill, 27, 28. 94. Va. XIX, 47 *. 95. Ga. XIV, 9-1 1 ; Vi. XXII, 47, 52 ; Ya. Ill, 21, 27. 96 97 98. Ya. Ill, 29. 99 100 loi. Ba. I, II, 33. 102. Vi. XXII, 8; Ya. Ill, 15. 103. Par. Ill, 48*; Ga. XIV, 31 ; Vi. XXII, 64; Ya. Ill, 26. J04 105. Vi. XXII, 88*; Ba. I, 8, 52; Ya. I, 194; III, 31- 106. Vi. XXII, 89 *. 107. Vi. XXII, 90*; Ya. Ill, 32, 33. 108. Va. Ill, 58*; Vi. XXII, 91*; Par. VII, 4*; Ya. Ill, 32. 109. Ba. I, 8, 2 *; III, i, 27 *; Va.III, 60*; Vi. XXII, 92*; Ya. Ill, 33-34. no. Vi. XXII, 93*. 111. Ga. I, 29-30; Ba. I, 8, 32, 46-47; I, 14, 4; Ap. I, 17, 11; Va. Ill, 49, 50. 112. Ba. I, 8, 33, 46-47 ; Va.III, 61-62; Vi. XXIII, 7; Ya. I, 182. 113 114. Ba. I, 8, 33; Va. Ill, 58, 63 ; Vi. XXIII, 25, 26 ; Ya. I, 190. 115. Ga. I, 29; Ba. I, 8, 3^5 ; I, 13, 27; I, 14, 16-17; Ap. I, 17, 12; Va. Ill, 49; Vi. XXIII, 27, 29-30; Ya. I, 190. 116. Par. VII, 2*; Ba. I, 8^, 50- 51 ; I, 13, 26, 29-32; Ap. I, 17, 13; Vi. XXIII, 8,10; Ya. I, 182-183. 117. Par. VII, 3a* ; Vi. XXIII, 9,11; Ya. I, 183-184. 118. Par. VII, 28 ^-29^*; Ga. I, 29; Ba. I, 8, 42 ; I, 13, n ; I, 14, 11-12; Va. Ill, 49 ; Vi. XXIII, 13-14, 18; Ya. I, 184. 119. Ga. I, 33 ; Ba. I, 8, 36, 38, 43; I. i3> 13; ^'^- III. 53; Vi. XXIII, 14-15, 18; Ya. I, 182. 556 LAWS OF MANU. 1 20. Ba. I, 8, 39-42; Va. Ill, 55; Vi. XXIII, 19-22; Ya.I, 186-187. 121. Ga. I, 30-31 ; Ba. I, 8, 45- 47; Va. Ill, 51-52; Vi. XXIII, 23; Yl I, 185. 122. Vi. XXIII, 56*; Ga. I, 29; Ba. I, 8,^34; I, 13,21-25; I, 14, 2 ; Ap. I, 17, 10 ; Va. Ill, 49, 58; Vi. XXIII, 16, 18, 33; Ya. 1,187-188. 123. Va. Ill, 59*; Ga. I, 34; Ba. I, 8, 49; I, 14, 3; Vi. XXIII, 5. 124. Va. Ill, 57*; Ga. I, 31-32; Ba. I, 9, II ; I, 13, 16-20; Va. Ill, 56; Ya.I, 188. 125. Vi. XXIII, 38*; Va. XIV, 23 ; Ya. I, 189. 126. Ga. I, 42 ; Va. Ill, 48; Ya. I, 191. 127. Mah. XIII, 104, 40; Ba. I, 9, 9*; Va. XIV, 24*; Vi. XXIII, 47*; Ya.I, 191. 128. Ba. I, 9, 10*; Va. Ill, 35- 36,47*; Vi. XXIII, 43; Ya. I, 192. 129. Ba. I, 9, I*; Vi. XXIII, 48*; Va. Ill, 46; Ya. I, 187. 130. Ba. I, 9, 2*; Va. XXVIII, 8*; Vi. XXIII, 49*; Va.III, 45-46; Ya.I, 187, 193. 131. Vi. XXIII, 50*; Va. Ill, 45; Ya. I, 192. 132. Vi. XXIII, 51*; Ya. I, 194. 133- Vi. XXIII, 52 * ; Ya.1,193. 134. Ga. I, 43; Ba. I, 10, 11- 15; Ap. I, 16, 15; Va. VI, 14; Vi. LX, 24; Ya.I, 17. 135. Vi. XXII, 81*. 136. Va. VI, 18*; Vi. LX, 23; Ba. I, 10, 12-14. 137. Va.VI, 19*; Vi. LX, 26*. 138. Ga.J, 36, 44-45; Ba. I, 8, 26 ; Ap. I, 16, 7 ; Va. Ill, 28; Vi. XXII, 75 ; LXII, 8. 139. Ga. I, 36 ; Ba. I, 8, 19-22 ; Ap. I, 16, 2-6; Va. Ill, 26- 27; Vi. LXII, 6-7; Ya. I, 20 ; see also above, II, 60. 140. Ap. II, 3, 4-8. 141. Vi. XXIII, 53 * ; Ga.1,38- 41 ; Ba. I, 8, 24-25 ; Ap. I, 16, 11-13; Va. Ill, 37; Ya. 1,195- 142. Ba. I, 10, 34*; Va. Ill, 42*; Vi. XXIII, 54*; Ya. I, 195- 143- Vi. XXIII, 55*; Ga. I, 28; Ba. I, 8, 27-29 ; Va. Ill, 43. 144. Ap. II, i,23j Vi. XXII, 67. 145. Ga. I, 37; Ap. I, 16, 14; Va. Ill, 38; Vi. XXII, 75; Ya. I, 196; Go. Gri. 1, 2, 32. 146 147. Ga. XVIII, I ; Ba. II, 3, 44; Va. V, i; Vi. XXV, 12; see also below, IX, 2. 148. Ba. II, 3, 45; Va. V, 3; Vi. XXV, 13; Ya. I, 85; see also below, IX, 3. 149. Ya. I, 86. 150. Vi. XXV, 4-6; Ya.I, 83. 151. Vi. XXV, 13-14; Ya.I, 75, 83. 152 153 154. Ya. I, 77. 155. Vi. XXV, 15*; Ya.I, 77- j,. |Va.I, 7o- [57 158 SYNOPSIS OF PARALLEL PASSAGES. 557 159. Ap. II, 23, 5. 160. Vi. XXV, 17*; Par. IV, 26*; Ya. I, 75- 161 . . 162 163 164. Va. XXI, 14b 165. . . . 166. Ya. I, 87. ;^^;}yii,89. 169. Manu VI. /Ga. Ill, i; Ba. II, 17, 2- 1. I 5; Ap. II, 21,1-5, 19; II, 2. j 22, 6-7; Vi. XCIV, 1-2 ; I Ya.III, 45- 3. Ga. Ill, 28; Ba. II, 11, 15; Ap. II, 21, 8-9; Vi. XCIV, 3 ; Ya. Ill, 45- 4. Ga. Ill, 27 ; Ba. II, II, 15; Va. IX, 9 ; Vi. XC, 4 ; Ya. HI, 45- 5. Ga. Ill, 29; Ba. II, 11, 15; Va. IX, 12; Vi. XCIV, 5; Ya. Ill, 46. 6. Ga. Ill, 34;^Ba. II, 11, 15; III, 3, 19; Ap. II, 22, I, 13-14, 17; Va. IX, I ; Vi. XCIV, 8-10 ; Ya. Ill, 46. 7. Ga. Ill, 29, 30; Ba. II, 11, 15; III, 3, 5-7, 20; Ap. II, 22, 7 ; Va. IX, 7.^ 8. Ba. Ill, 3, 19; Ap. II, 21, 21 ; II, 22, II ; Va. IX, 8 ; Vi. XCIV, 6 ; Ya. Ill, 48. 9. Ba. Ill, 3, 5-7, 20; Ap. II, 22, 12 ; Va. IX, 10. 10. H- ^ 15. Ap. II, 22, 24; Vi. XCIV, 12; Ya.III, 47. 16. Va. IX, 4 ; Ya. Ill, 46. 17. Ba. Ill, 3, 2, 9-12 ; Vi. XCV, 14-15; Ya.III, 49- 18. Ga.III, 35^; Ba. II, 11, 15; III, 2, II ; Ap. II, 23, i; Vi. XCIV, 11; Ya.III, 47- 19. Vi. XCV, 5-6; Ya.III, 50. 20. Vi. XCV, 12-13; Ya. Ill, 50. 21. Ba. Ill, 2, 9, 11; Ap. II, 23,2. 22. Ga. Ill, 26 ; Ba. II, 11, 15 ; Va. IX, 9; Vi. XCIV, 10; Ya. Ill, 48, 51- 23. Vi. XCV, 1-4; Ya.III, 52. 24- ^ 25. Ap. II, 21, 21 ; Va. IX, II ; Ya. Ill, 54. 26. Va. IX, 5, 11; Vi. XCIV, 7; Ya.III, 45, 51, 54- 27. Ya. Ill, 54- 28. Vi. XCIV, 13*; Ya.III, 55. 29 II. Ap. II, 22, 17-18. 12 13.^ Ga. Ill, 26; Ba. II, 11, 15; Ap. II, 22, 2, 17; II, 23, 2 ; Va. IX, 4 ; Vi. XCV, 7-1 1 ; Ya. Ill, 49- 30 • 31. Ba. Ill, 3, 9, 13-14; Ap. II, 23, 4; II, 23, 2; Ya. HI, 55- 32 33. Ba.II, 17, 1-6; Vi.XCVI,!. 558 LAWS OF MANU. 34. Ba. II, 17,16*; II, 17, 15- Ba. II, 11,34; Ap. II, 24, 8;Ya. Ill, 57. 35- 36. 37- 38. Ba.II, 17,18-28; Vi.XCVI, 1-2 ; Ya. Ill, 56. 39. Mah.XII, 245, 28; 279, 22 ; Ba. II, 17, 29 ; Va. X, i. 40. Ba. II, 17, 30 ; Va. X, 2-3. 41. Ga. Ill, 16 ; Ba. II, 11, 24; II, 17, 31; Va. X, 12, 28. 42. Mah. XII, 246, 4^-5^ 43. Mah.XII, 246,5b; Ga. Ill, II, 14; Ba. II, II, 16; Ap. II, 21, 10; Va. X, 6; Vi. XCVI, 2. 44. Mah. XII, 246, 7 ; Ga. Ill, 18-19, 25 ; Ba. II, II, 19, 21; II, 17,° 44; Ap. II, 21, II ; Va. X, 9-10, 13, 27 ; Vi. XCVI, lo-ii. 45. Mah. XII, 246, 15; Vi. XCVI, 18. 46. Ba. II, II, 25; II, 17, 43 ; II, 18, 2; Vi.XCVI, 14-17. 47. Mah.XII, 279,6a; Ga.III, 24; Ba. II, II, 23; Va. X, 29; Vi. XCVI, 19-20, 23. 48. Mah. XII, 279, 6b; Ba. II, 18, 3- 49. Mah. XII, 331, 30; Ap. II, 21, 13; Va. X, 17, 20. 50. Va. X, 21*. 51. Vi.XCVI, 5; Ya. 111,59. 52. Ga. Ill, 22 ; Ba. II, 11, 18 ; II, 17, lo-ii ; Va. X, 6 ; Ya. III, 58. 53. Vi. XCVI, 8 ; YL III, 60. 54. Vi. XCVI, 7 ; Ya. Ill, 60. 55. Ba. II, 18, 12 ; Va. X, 24- 25; Vi.XCVI, 3; Ya. Ill, 59. 56. Ga. Ill, 15 ; Ba. II, 11,22; II, 18, 4-6; Va. X, 7-8; Vi. XCVI, 6 ; Ya. Ill, 59. 57. Mah. XII, 279, 10; Va. X, 22*; Vi. XCVI, 4. 58. Mah. XII, 279, lib; Vi. XCVI, 9. 59. Ba. II, 18, 10-13; Va- ^) 25- 60. Ba. II, 18, 2-3; Ya. Ill, 61. 61. Vi. XCVI, 36, 38; Ya. Ill, 63-64. 62. Vi. XCVI, 27-29, 37; YL III, 63-64. 63. Vi. XCVI, 39 ; YL III, 63- 64. 64. Vi. XCVI, 40-42 ; Ya. Ill, 63-64. 65. Va. X, 14; Ya. Ill, 63-64. 66. Va. X, 18; Ya. Ill, 65. 67 68 69 70. Va. X, 5. 71. Va. XXV, 6; Ba.IV, 1,24. 72. Vi. XCVI, 24. 73. Vi. XCVI, 25. 74- 75. Ap. II, 21, 14-16. 76. Mah. XII, 330, 42 ; Mai. Up. Ill, 4 ; Vi. XCVI, 43-53- 77. Mah. XII, 330, 43; Mai. Up. Ill, 4; Vi. XCVI, 43- 53- 78 79 80. 81. 82. 83. Ba. II, 18, 20-27; Ap. II, 21,4; Va. X, 4. 84 85 - . SYNOPSIS OF PARALLEL PASSAGES. 559 86. 91. 87.^ Ga. Ill, 2-3; Ba. II, n, 12; Ap. II, 21, 1. ^ 88. Ga. Ill, I ; Ap. II, 21, 2. 89. Ga. Ill, 36; Va. VIII, 14; Vi. LIX, 27-29. 90. Va.VIII, 15*; VIII, 16. 92. Va. X, 30; Ya. Ill, 66. 93 94 95. Va. X, 26. 96 97 Manu VII. 29. 30. 3- 4- 5- 6. 7- 8. 9- 10. II. 12. 31. Ga. XI, 4. 32. Vi. IV, 96*; Ya. I, 333. 33. Vi. IV,97*. 34 35- 36. 37. Vi. Ill, 76. 38. Vi. Ill, 77. 39- 40. 13 14. Ya. I, 353- 1 K. , o . • • • • 16. Ga. XII, 51; Va. XIX, 9; Vi. Ill, 91 ; Ya. I, 367. 17 18. Mah. XII, 15, 2. 19. Ya. I, 355. I. 4 42 43. Ga. XI, 3; Ya. I, 310. 44 45 46. 47- 48. Vi. Ill, 51-52. 49 ]' I Vi. Ill, 50. 20. 21. 22. Mah. XII, 15,34- 23. ... . 24. ... . 51- 52. 53- 25. Mah. XII, 15, 11; Vi. IV, 95*. 26. Ga. XI, 2 ; Ya. I, 308- 309- 27 28 54. Vi.III, 71; Ya. I, 311. 55 56. Yll, 311. 57. .... . 58. Ya.I, 311. 59 56o LAWS OF MANU. 60 6 62 63. 64. 65. 66. 67. 68. ^■| Vi. Ill, 16-21. 96. 97 98 :} Ga. X, 20-23. 99. Va. XVI, 6; Ya. I, 316. 100 lOI 102. Mah. XII, 140, 7. 103. Mah. XII, 140, 8. 104 69. Vi. Ill, 4-5 ; Yl I, 320. 70. Mah. XII, 86, 5 ; Vi. Ill, 6. 71 72 73 74 75- 105. Mah. XII, 83, 49 ; 140, 24. 106. Mah. XII, 140, 25. 10 7- 108. 109. no. III. 112. 11^. 76. Ap. II, 25, 2-3. 77 78. Ga. XI, 12-18; Ba. I, 18, 7-8 ; Va. XIX, 3-6 ; Vi. Ill, 70; Ya. I, 312-313. 79. Ap.II, 26, i;Vi. Ill, 78,81, 84; Yll, 313. 80. Ya. I, 321. 81 ^^:}Ya.I,3M. 84. Va. XXX. 7 * ; Y^. I, 315- 85. Ga. V, 20 ; Vi. XCIII, 1-4. 86 87. Ga. X, 16; Ba. 1, 18,9 ; Vi. in, 43- 88. Vi. Ill, 44; Ya. I, 322. 89. Ap. II, 26, 2-3 ; Vi. Ill, 45 ; Ya. I, 323. 90. Ba. I, 18, 10; Ya. I, 323. 9^-) Ga. X, 18; Ba. I, 18, 11; 92- f Ap.II, 10, 11; Y1I,325. 93- -'^ 94. Ap. II, 26, 3 ; Ya. I, 324. 95. Ya. I, 324. "4 , • 115. Mah. XII, 87, 3; Ap. II, 26, 4-5; Vi. Ill, 7-10. 116. Mah. XII, 87, 4; Vi. Ill, 11-12. 117. Mah. XII, 87, 5; Vi. Ill, 13-15- 118. Mah. XII, 87, 6 a. 119. Mah. XII, 87, 6b-8«. 120. Mah. XII, 87, 9^-io^ 121. Mah. XII, 87,10^-11 a; Ap. II, 26, 4. 122. Mah.XII, 87, iib-i2«; Ya. I, 337- 123. Mah. XII, 87, 1 2^-1 3 »; Ya. 1= 337- 124. Ya. I, 337. 125 126 127. Mah. XII, 87,^i3t'-i4". 128. Ba. 1, 18, 15; Ap. II, 26, 9. 129 130. Ga. X, 24-25 ; Ba. 1, 18. i ; Va. I, 42; Vi. Ill, 22, 24. SYNOPSIS OF PARALLEL PASSAGES. 56r 131. Ga. X, 27; Va. I, 42 ; Vi. ni, 25. 132. Ga. X, 27; Vi. Ill, 23, 25- 133. Ga. X, 11; Ap. 11, 26,10; Va. I, 43; XIX, 23; Vi. Ill, 26. 134. Mah. XIII, 61, 30; Ga. X, 9; Ap. II, 25, 11; Vi. Ill, 79- 135. Ya. Ill, 44. 136. Va. I, 44; Vi. Ill, 27. 137. Va. XIX, 26-27. 138. Ga.X, 31-32; Va.XIX,28; Vi. Ill, 32. 139. Mah. XII, 87, i8b 140 141. Vi. Ill, 73; Ya. II, 3. i42.^Ga. X, 7-8; Ba. I, 18, i ; Ap. II, 10, 6 ; Va. XIX, i ; Vi. Ill, 2 ; Ya. I, 334. 143- Mah. XIII, 61, 31. 144 145 146 ;:8:}^^-^'3«- [48 149 150 151 152 I53- ...... 154 j^^lVi. Ill, 38; Ya.I, 344. 159. Vi. Ill, 38; Ya.I, 345. 160. Vi. 111,39; Ya.I, 346. 161 . 162 163 64 65 66 67 68 69 70 71. Ya. I, 347. 72 73 74 75 76 77 78 79 80 81 82. Vi.III, 40; Ya.I, 347. 83. Vi. Ill, 41. 84 85 86 87 88 89 90 91. Mah. XII, 100, 47. 92 93 94 95 96 97 98 99 200 201 202. Vi. Ill, 47. 203. Vi. Ill, 42 ; Ya. I, 342. 2< •■04. 205. Yl I, 348 o [25] o 562 LAWS OF MANU. 206. 207. 208. Ya. I, 351 209. 210. 211. 212. 213. 214. 215. 216. Ya. Ij 326. 217. 218. Vi. Ill, 87 219. Vi. Ill, 88 220. Vi. Ill, 85 221. Ya. I, 328 222. Ya. I, 328 223 224 225. Ya. I, 330. 226. |;}yii, 329. Manu VIII. I. Ga. XIII, 26; Va. XVI, 2; Vi.111,72; Ya.I, 359; II, I. 3. Ga. XI, 19-24; Va. I, 17; XVI, 4-5. 4 5 6 7 8 9. Ga. XIII, 26 ; Va. XVI, 2 ; Vi. Ill, 73 ; YL II, 3. 24 ^J;}Yd.II,i3-i5. 27. Ga. X, 48; Va. XVI, 8-9 Vi. Ill, 65. 28. Vi. Ill, 65. 29 10. II. 12. 13- 14. 30. Ga. X, 36-38 ; Va. XVI, 19- 20; Ya. II, 33. 31- Ya.11,33. 32. Ya. II, 33. 33 34 15. Mah. Ill, 313, 28; XII, 90, i5b-c. 16 17 18. Ba. 1,19,8*; Ga. XIII, 11. 19. Ba. I, 19,8*. 20 21. 22. 35. Vi. Ill, 63 ; Ya. II, 35. 36. Vi. Ill, 64; Ya. II, 35- 37. Ga. X, 44; Va. Ill, 14; Vi. Ill, 58 ; Ya. II, 34. 38. Ga. X, 43 ; Vi. Ill, 56-57 ; Yl II, 34- 39. Ga. X, 45; Va.III, 13; Vi. 111,58-62; Yin, 35. 40. Ga. X, 46-47 ; Ap. II, 26, 8 ; Vi. Ill, 66-67; Ya. 11,36. 41. Ga. XI, II, 20; Ba. I, 2, 1-8; Ap. 11,15, i;Va.I, 17; XIX, 7 ; Vi. Ill, 3 ; Yl I, 360. 42 SYNOPSIS OF PARALLEL PASSAGES. 56 43. Ga. XIII, 27. 44. Ga. XI, 23-24; Ap. II, 29, 6; Va. XVI, 4-5. 45. ..... . 46 47 48 75. Ga. XIII, 7 ; Ba. I, 19, 14- 15; Ap. II, 29,9-10. 76. Vi.VIII, 12. 77. Ya. II, 72. 78 49 50. Vi.VI, 18; Ya. 11,40. 51 79. Ga. XIII, 5 ; Ap. II, 29, 7 ; Vi.VIII, 24; Ya. II, 73. 80 82. 52. . . . 53-] ^'^'IyI II, 16. 55- 1 56.J 57. . . . 58. . . . 59. Ya. II, II. 60. . . . 83 84 85- • • 86 87. Ap. II, 29, 7; Vi.VIII, 19. 88. Vi. VIII, 20-23. 89. Vi.VIII, 25; Ya. II, 73-74- 90. Ba. I, 19, 10; Vi.VIII, 26; Ya. II, 7.5- 91 92 93. Va.XVI,33*. 94 95 96 97 98. Ba. I, 19, i2b-c*; Va. XVI, 34*; Ga. XIII, 14-15. 99. Ba. I, 19, i2d*; Ga. XIII, 16. 100. Ga. XIII, 18-19. lOI 61. Ga. XIII, I. 62. Ba. I, 19, 13; Vi. VIII, 8; Ya. II, 68. 63. Ga. XIII, 2 ; Ap. II, 29, 7 ; Va.XVI, 28; Vi.VIII, 8; Ya. II, 68. 64. Ga. XIII, 2 ; Vi. VIII, 3 ; Ya. II, 70-71. 65. Ba. 1,19, 13; Vi.VIII, 2; Ya. II, 70. 66. Ba.I, 19, 13; Vi.VIII, 2,3; Ya. II, 70-71. 67. Ba. I, 19, 13; Vi. VIII, 2; Ya. II, 70. 68. Va. XVI, 30*. 69. Va. XVI, 29 ; Ya. II, 69. 70 71 72. Ga. XIII, 9; Vi. VIII, 6; Ya. II, 72. 73. Vi.VIII, 39*; Ya. 11,78, 80. 74. Ba.I, 19,7; Vi.VIII, 13-14. O O 102. Ba. 1, 10, 24' 103. . 104. Ga. XIII, 24-25 ; Va. XVI, 36; Vi.VIII, 15; Ya. 11,83. 105. Yl II, 83. 106. Ba. I, 19, 16; Vi.VIII, 16. 107. Ga. XIII, 6 ; Ya. II, 76. 108. Yl II, 113. 109. Ga. XIII, 12-13; Vi.VIII, 19. 2 564 LAWS OF MANU. 10 II 12. Va. XVI, 36*; Ga. XXIII, 29. 13. Vi. VIII, 22-23. 14. 1 Vi. XI-XII; Ya. II, 103- 15./ 109. 16 149. Va.XVI,i8*; Ga.XII, 38- 39 ; Ya. II, 25. 150 151. Ga.XII, 31, 36; Vi.VI, 11- 14, 16-17; Ya. II, 39. 152 • 153. Ga. XII, 30, 34-35- 154 17. Vi. VIII, 40^ 18. . . . 155- 156. 19- N 20. 21. lYa. II, 81. 22. 23. ' 24. Ga. XII, 46-47 ; Vi. V, 2-8. 25 157 158. Vi.VI, 41; Ya.II, 53. 159. Va. XVI, 31*; Ga. XII. 41; Vi.VI, 41; Ya. II, 47, 53- 60. Vi.VI, 41; Ya.II, 54. 61 ;J;}Va.XIX,43;Ya.I,356. ;9;}Ya.I,366. Vi. IV, 1-13; Ya. I, 361- 364- 38. Vi.IV, 14*; Yd. I, 365. 39. Vi.VI, 20-21 ; Ya. II, 42. 40. Ga. XII, 29; Va. II, 51; Ya. II, 37. 41. Ya. II, 37. 42. Va. II, 48*; Vi.VI, 2; Ya. n, 37- 43. Ga.XII, 32; Vi.VI, 5. 44. Vi. VI, 6 ; Ya. II, 59. 45- Vi. VI, 7-8 ; Ya. II, 58. 46 47-) Ga.XII, 37; Va.XVI, 16- 48./ 17; Yl II, 24. 62. 63- 64. 65. 66. 67. 68. 69. 70. 71- 72. 73- 74- 75- 76. 77- 78. YL II, 32. Vi. VII, II. Vi. VII, 7 ; Ya. II, 89. Vi. VI, 39 ; Ya. II, 45- Vi.VII, 6; Ya.II, 89. Va. XIX, 14-15. Vi.VI, 19; Ya.II, 40. 79- 80. 81. 82. 83- 84. 85- 86. Ya. II, 65. SYNOPSIS OF PARALLEL PASSAGES. 565 187 188 189. Ya. II, 66. 190 191. Vi. V, 1 69-1 7 1. 192 193 194 195 196 197 198 228. 229. 230. Vi.V, 137; Ya. II, 164. 231. Vi.V, 139- 232. Vi.V, 138; Ya. II, 164. 233 234- 235. Vi.V, 137-138. 236 237. Ya. II, 167. 238. . . . 239- 199. Ya. II, 168. 200. 201. 202. Vi. V, 164-165; Ya. II, 169-170. 203. Ya. II, 245. 204. Ya. I, 66. 20?: 206. 207. Ya. II, 265. 208. . 209. 210. 240. Ga. XII, 19-20 ; Ap. II, 28, 5; Vi. V, 140-146; Ya. II, 162. 241. Ga. XII, 21-26; Vi. V, 147-149 ; Ya. II, 161. 242. Vi.V, 150; Ya. II, 163. 243. Ap. II, 28, I. 244 245. 246. 247. 248. } Ya. II, 151. 249. 211. Ya. II, 259. 212. 250. Ya. II, 151. 251. . 213. 214. 215. 216. 217. 218 219. Vi.V, 168; Ya. II, 192. 252 253- Ap. II, 28, 2-3 ; Vi. V, 153-154; Ya. II, 193. 220. 221. 254. . 255. . . . 256. Ya. II, 152. 257. Ya. II, 153. 258. . . . 259. . . . 260. 222. Ya. II, 177 223. . . 224. 225. } Ya. I, 66. 226. 261 262. Va. XVI, 13-15; Ya. V, 154- 263. Ya. II, 153- 264 227. 265. Ya. II, 153. 566 LAWS OF MANU. 266 267. Ga. XII, I, 8, 10; Ya. II, 207. 268. Ga. XII, 11-13; Ya. II, 207. 269. Vi. V, 33-35, 37-38; Yd. II, 205-206. 270. Ga. XII, I ; Ap. II, 27,14; Vi.V, 23. 271. Vi. V, 25. 272. Vi. V, 24. 273. Vi. V, 26. 274. Vi. V, 27 ; Ya. II, 204. 275. Vi.V, 28. 276 277 278 279. Ga. XII, i; Vi. V, 19; Ya. II, 215. 280. Ya. II, 215. 281. Ga. XII, 7 ; Ap. II, 27, 15 ; Vi.V, 20. 282. Vi.V, 21-22. 283. Vi.V, 65. 284. Vi.V, 66-72; Ya. II, 218- 220. 285. Vi.V, 55-59. 286. Vi.V, 75-76. 287. Vi.V, 75-76; Ya. II, 222. 288 289 290 291. Ya. II, 299. 292. Ya. II, 298-299. 293 294 295 296 297 298 ;} Vi.V, 50-54. 299. \Ga. II, 43-44; Ap. I, 8, 300. j 30. 301 302. Ap. II, 25, 15; Vi.V, 196; Yl I, 335. 303 304. Ya. I, 334. 305. Mah. XII, 75, 7 ; Va. I, 44- 306. Ya. I, 334. 307 308. Ya. I, 336. 309 310 3" 312 313 314. Ga. XII, 43 ; Ba. II, i, 16 ; Ap.I, 25, 4; Va. XX, 41; Vi. LII, I ; Ya. Ill, 257. 315. Ba. II, 1, 17; Va. XX, 41. 316. Ba. II, 1,17*; Ga. XII, 44- 45 ; Ap. I, 25, 4-5 ; Va. XX. 41; Vi. LII, 2; Ya.m,257. 317. Va. XIX, 44*; Ap. I, 19. 16*. 318. Va. XIX, 45*. 319- 320. 321. 322. 323- 324- 325- 326. 327- 328. 329- 330- 331- 332. 333- 334 335 336- Vi.V, 12. Vi.V, 13. Vi.V, 81-82. I Vi.V, 77-78. I Vi.V, 83-86. YL II, 230. . ]Mah. XII, 121, 60; Ya. I, 357 SYNOPSIS OF PARALLEL PASSAGES. 567 ^^^;}Ga. XII, 15-17. 339. Ga. XII, 28; Ap. I, 28, 3; Ya. II, 166. 340. Ga. XII, 49-50- 341 342 343 344- 345 346 347 348. Ba. II, 4, 18; Va. 111,24. 349. Ga.VII, 25; Ba. II, 4, 18; Va. Ill, 24. 350. Va. Ill, 17*; Ba. I, 18, 12- 13; Va. Ill, 15-16; Vi. V, 191-192 ; V, 189*. 351. Va. Ill, 18*; Ba.I,i8,i3; Va. 111,17; Vi.V, 190*. 352 ' . . 353- ^ 354. Ap. 11,26, 19; Ya. 11,285. 355. Ap. II, 26, 18. 356 35 358- 359. Ba. II, 4, 2*; II, 4, I ; Ap. II, 26, 20. 360 361. Ya. 11,285. 362. Ba. 11,4,3*. 363. Ya. II, 293. 364/ 3^5- I Yd. II, 288. 366. r 367-] 368 369 • • • 370 372. Mah. XII, 165, 65; Ga. XXIII, 15; Va. XXI, 1-3. 373. Mah. XII, 165,66b 374.^ Ga. XII, 2; Ba. II, 3, 52; Ap. II, 27,9; Va. XXI, 1,5; Ya. II, 286, 294. 375 376. 377. Ap. II, 26, 20; Va. XXI, 2-3 ; Ya. II, 286. 378. Vi.V,4o; YlII, 286. 379 380. Ga.VIII, 13; Ba. I, 18, 17: Vi.V, 2. 381 382 383 384 385. Vi.V, 41, 43; Ya. 11,294. 386. Vi.V, 196*. 387 388 389. Vi.V, 163; Ya.II, 237. 390 391 392. Vi.V, 94; Ya. II, 263. 393- , 394. Ap. II, 26, 16-17. 395 396. Ya. II, 238. 397. Ya. II, 179. 398. Ya. II, 261. 399. Vi. V, 130; Ya. II, 261. 400. Ya. II, 262. 401. Ya. II, 252. 402. Ya. II, 251. 403. Va. XIX, 13. 404 405 406 407. Vi.V, 132-133. 408 ]l[ \ Ya. II, 284. 371. Mah. XII, 165, 64; Ga. XXIII, 14; Vi. V, 18. 568 LAWS OF MANU. 409. 410. 411. 412. 413- 414. 415- 416. 417. 418. 419. 420. Manu IX. 2. Ga. XVIII, i; Ba. II, 3, 44 ; Va. V, i; Vi. XXV, 12-13; Ya. I, 85 ; see also above, V, 147-148. 3. Mah. XIII, 46, 14 ; Ba. II, 3,45*; Va.V, 3*. 4. Ga. XVIII, 22; Ba. IV, i, 12, 17-19; Va. XVII, 69- 70 ; Ya. I, 64. 5 6. Mah. Ill, 12, 68. 26 27. Mah. XIII, 46, n. 28 29. See above, V, 165, 30. Va. XXI, 14 ; see above, V, 164. 31 32. Ga. XVIII, 9-14; Ap. II, 13,6-7; Va. XVII, 6-9, 63- 64. 33 34 8. YL I, 56. 9. Ya. I, 81. 35- 10 II 12 13 14 15 16 17. Mah. XIII, 40, I2l'-i3a. 18. Mah.XIII,4o, iib-i2«; Ba. I, 1 1, 7 ; see also above, II, 66. 19 20. SL Gri. Ill, 13,5; Ap. Sv. I 9, 9- 21 22 23 24 37- 38. 39- 40. 42. 43- 44. ^ . 45. Ap. II, 14, 16. 46. . . . 47. Vi. V, 160 ; Ya. I, 65. 40. ..... 49 50. Va. XVII, 8 *. 51 52. 53- SYNOPSIS OF PARALLEL PASSAGES. 569 54. Par. IV, 16*. 55 56 57 50. ..••..• 59. Ga. XVIII, 4-5; Ba. II, 4,9- 10; Va. XVII, 56; Ya. I, 68. 60. Va. XVII, 61; Ya. I, 68. 61. Ga. XVIII, 8. ^^•}Ya.I,69. 64 65 66 67 68 69 70 71. Vi. V, 160-161 ; Ya. I, 65. ^^"l Vi.V, 162; Ya. I, 66. 73- J 74 75. Vi. XXV, 9-10; Ya. I, 84. 76. Ga. XVIII, 15, 17; Va. XVII, 75-80. 77 78 I, i4a-b*; Ga. XVIII, 20; Va. XVII, 67-68 ; Vi. XXIV, 40 ; Ya. I, 64. 91. 92. Ga. XVIII, 20. 93. Vi. XXIV, 41. 94. Mah. XIII, 44, 14 a. 95. Mah. XIII, 44, 27 a. 96 97. ^ . . . 98. Ap. II, 13, II. 99. . . . 100. lOI. 102. 103. ....... 104. Ga. XXVIII, I ; Ba. II, 3, 3, 8; Vi. XVIII, 36; Ya. II, 117. 105. Ga.^ XXVIII, 3; Ba. II, 3, 13; Ap. II, 14, 6. 106 107. Va. XVII, I ; Vi. XV, 45. 108 109. Mah. XIII, 105, 6 a. no 111. Ga. XXVIII, 4. 112. Ga. XXVIII, 5-7; Ba. II, 3,4; Vi. XVIII, 37; Ya. II, 114. 113 114. Ga.XXVIII, 11-13; Ba.II, 3, 6; Va. XVII, 43; Ya. II, iM. 115. Ap. II, 13, 13. 116. Ga. XXVIII, 8. 117. Ga. XXVIII, 9-10; Va. XVII, 42. 118. Vi. XVIII, 35; Ya. II, 124. 119. Ba. II, 3, 9. 120 79. . . . 80. Ya. I, 73. 81. Ba. II, 4, 6*. 82. . . . 83. . . . 84. . . . 85 86. Vi. XXVI, I ; Ya. I, 88. 87. Mah. XIII, 46, 36l>; Vi. XXVI, 2-3. 88. Ga. XVIII, 21; Va. XVII, 70; Ba. IV, I, II. 89 90. Mah. XIII, 44, 16; Ba. IV, 570 LAWS OF MANU. 121 122 123. Ga. XXVIII, 14. 124. Ga. XXVIII, 15. 125. Ga,. XXVIII, 16. 126. 127. Ga. XXVIII, 18; Ba. II, 3, 15; Va. XVII, 15-17; Vi. XV, 5. 128 129 130. Mah. XIII, 45, II ; Ba. II, 131. Mah. XIII, 45, 12 ; Ga. XXVIII, 24 ; Ba. II, 3, 43 ; Va. XVII, 46; Vi. XVII, 21. 132 133. Mah. XIII, 45, 13b; YlII, 128. 154. Vi. xvm,32. 155. Ga. XXVIII, 39. 156. Vi. XVIII, 28-30, 36-37. 157. Mah. XIII, 47, 56; Vi. XVIII, 31. 158. Vi. XV, I. 159. Ba.II,3,3i*;Ga.XXVIII, 32 ; Va. XVII, 25. 160. Ba.II,3, 32*; Ga. XXVIII. 33 ; Va. XVII, 38. 161 134- 135- 136. 137- 138. 139- 140. 141. 142. 143- 144. 145 146 147 148 149. Va. XVII, 47. 150. Mah. XIII, 47, II. 151 152. Vi. XVIII, I. 153. Ba.II, 3,10; Va. XVII, 48- 50; Vi. XVIII, 2-5; Ya. II, 125. Ga. XXVIII, 19. Ba. II, 16, 6*; Va. XVII, *; Vi. XV, 46*; Ya. I, 78. Vi. XV, 44*. Vi. XV, 47*. Ba. 11,3, 16*. Va. XV, 9-10; Ba. Par. 16. Ga. XXVIII, 23. 162. Vi. XVII, 23*. 163. Vi. XV, 28-30. 164. Ba. II, 3, II. 165. Ga. XXVIII, 34; Ya. II, 1 32. 166. Ba. II, 3, 14; Ap. II, 13, I ; Va.XVII, 13; Vi. XV, 2; Ya. II, 128. 167. Ba. 11,3,17-18; Va. XVII, i4;Vi.XV,3; Ya.1,69; II, 127-128. 168. Ba. II, 3, 20 ; Va. XVII, 29 ; Vi. XV, 18-19; Ya. II, 130. 169. Ba. II, 3, 21 ; Ya. II, 131. 170. Ba. II, 3, 22 ; Va. XVII, 24 ; Vi. XV, 13-14; Ya. II, 129. 171. Ba. 11,3,23; Va.XVII, 37; Vi. XV, 24-25 ; Ya. II, 132. 172. Ba.II, 3, 24; Va.XVII, 22- 23; Vi. XV, lo-ii; Ya. II, 129. 173. Ba. II, 3, 25 ; Va. XVII, 26- 27; Vi. XV, 15-16; Ya. IL 131- 174. Ba. II, 3, 26 ; Va. XVII, 30- 32; Vi. XV, 20-21; Ya. II. 131- 175. Ba.II, 3, 27; Va.XVII, 18- 19; Vi. XV, 7-9; Ya. 11, 130. 176. Ba.IV, 1,16 ^-c*; Va.XVII, 74 ; Vi. XV, 8. SYNOPSIS OF PARALLEL PASSAGES. 571 177. Ba. II, 3,28; Va. XVII, 33- 35; Vi. XV, 22-23; Ya. II, 131- 178. Ba. II, 3,30; Va. XVII, 38; Vi. XV, 27. 179. Ya. II, 133. 180 181. Ba. II, 3, 33-35 ; Ap. II, 13, 6-10. 182. Va. XVII, 10 * ; Vi. XV, 42. 183. Va. XVII, 1 1 * ; Vi. XV, 41. 184. Va. XVII, 39, 81; Vi. XV, 28-29. 185. Vi. XVII, 6, 8; Ya. II, 135- 186. Ma. ^-r. Ill*; Ba. I, 11,9. 187. Ga. XXVIII, 21; Ba.I, II, 10-13; Ap. II, 14, 2-3; Va. XVII, 81-82; Vi. XVII, 11; Ya.II, 135. 188. Ga. XXVIII, 41; Ba.I, 11, 14; Va. XVII, 84-86; Vi. XVII, 14. 189. Ga. XXyill, 42; Ba. I, II, 15-16; Ap. II, 14, 5; Va. XVII, 83; Vi. XVII, 13. 190 191 192 193 194. Vi. XVII, 18; Ya.II, 143. 195 'l Ya.II, 117. 37-40; Va. XVII, 54 ;Vi. XV, 33; Ya.II, 140. 203. Ga. XXVIII, 44 ; Vi. XV, 34-36; Ya. II, 141. 204 205. Ga. XXVIII, 31. 206. Ga. XXVIII, 30; Ya. II, 118-119. 207. Ya. II, 116. 208. Mah. XIII, 105, II ; Vi. XVIII, 42 *. 209. Vi. XVIII, 43*; Ya. II, 119. 210. Vi.XVIII, 41*; Ya.II, 120. 211 212. Vi. XVII, 17; YlII, 138. 213. Mah. XIII, 105,7. 214. Mah. XIII, 105, 10; Ga. XXVIII, 40 ; Ba. II, 3, 38 ; Ap. II, 14, 15- 215. Mah. XIII, 105, 12; Ya. II, 120. 216. Ga. XXVIII, 29 ; Vi. XVII, 3 ; Ya. II, 122. 217. Vi. XVII,7; Ya.II, 135. 218. Ya. II, 126. 219. Vi.XVIII, 44*; Ga.XXVIII, 46-47- 220 221. 222. 223. . 224. Ya. II, 304. 225. 226. 22 196. Vi. XVII, 19; Ya.II, 145. 197. Vi. XVII, 20; YlII, 145. 198. Mah. XIII, 47, 25. 199. Mah. XIII, 47, 24l>. 200. Vi. XVII, 22*. 201. Ga. XXyill, 43; Ba. II, 3, 37-40; Ap. II, 14, i; Va. XVII, 52-53; Vi. XV, 32; Ya. II, 140. 202. Ga. XXVIII, 43 ; Ba. II, 3, 7 228 229. Ya. II, 43. 230 231. Vi.V, 180. 232. Vi.V, 9, 11; Ya. 11,240. 233 572 LAWS OF MANU. 234. Ya. II, 305. 235 236 237. Ba. I, 18, 18; Vi.V, 3-7. 238 239 240 241 242 243 244 245 246 247 276. Ya. II, 273. 277. Vi. V, 136. 278. Ya. II, 276. 279. Ya. 11, 279. 280. Ya. II, 273. 281. . 282. Vi. V, 106-107. 283 284. Vi.V, 175-177. 285. Vi.V, 174. 286. Vi. V, 124; Ya. II, 245- 246. 287. . . . . 288. 248. . 249. . . 250. . 251. . 252. . 253- • 254- • • 255- • • 256. . 257- • ■ 258. . . 259. . . 260. 261. 262. 263. . 264. 265. . . 266. . . 267. 268. . . 269. 270. 271. 272. 273- • • 274. Vi.V, 74. 275- • . 289. 290. 291. 292. Ya. II, 297. 293. . 294. Ya. I, 352. 295. . 296. 297. 298. 299. 300. 301. 302. 303- 304- 305- 306. 307- 308. 309- 310. 311- 312. 313 314 315. Mah. XIII, 152, 16. 316 SYNOPSIS OF PARALLEL PASSAGES. 573 317. Mah. XIII, 152, 21. 318. Mah. XIII, 152, 22. 319. Mah. XIII, 152, 23. 320. Mah. XII, 78, 21. 321. Mah. XII, 56, 24; 78, 22. 322. Ga. XI, 14; Va. XIX, 4. 323 324 325 326 327. Mah. XII, 60, 23 ^-24*. 328. Mah. XII, 60, 26^-273, 329 330 331 332 333 334 335 336 Manu X. I 2 3 .• • 4. Mah. XIII, 46, i8a ; Ap. I, I, 3-5; Ba. I, 16, I ; Va. II, 1-2 ; Ya. I, 10. 5. Ap. I, 13, I ; Vi. XVI, I ; Ya. I, 90. 6. Ba. I, 16,6; Ap. II, 13, 4-5. 7. Ga. IV, 16; Ba. I, 16, 7; Va. XVIII, 8. 8. Ga. IV, 16; Ba. I, 16, 7; I, 17, 3; Va. XVIII, 8; Ya. I, 91. 9. Ga. IV, 16 ; Ba. I, 16, 7 ; I, 17, 4; Va. XVIII, 8; Ya. I, 92. 10 11. Ga. IV, 17; Ba. I, 16, 8; I, 17, 7-8; Va. XVIII, 6; Vi. XVI, 5-6 ; Yl I, 93-94. 12. Ga. IV, 17; Ba. I, 16, 8; Vi. XVI, 4, 6 ; Ya. I, 93- 94. 13 . . 14- • • 15 16. Ba. I, 17, 7; Va. XVIII, 1-3; Vi. XVI, 4; Ya. I, 93-94- 17. Ba.1,17, 8; Vi. XVI, 5-6; Ya. I, 93-94. 18. Ga. IV, 19; Ba. I, i6, 8, 11- 12; 1,17,13-14; Va. XVIII, 5 ; Vi. XVI, 5. 19. Ba. I, 16, 8, 9-10; I, 17, 11-12; Va. XVIII, 2. 20. Ba. I, 16, 16 *. 21. Ga. IV, 20. 22. Ga. IV, 21. 23 24. Ya. I, 96. 25 26 27. Mah. XIII, 48, 14. 28. Mah. XIII, 48, 15. 29. Mah.XIII,48,i6;Vi.XVI,7. 30. Mah. XIII, 48, 17. 31. Mah. XIII, 48, 18. 32. Mah. XIII, 48, 19^-20^ 33. Mah. XIII, 48, 20b. 34. Mah. XIII, 48, 2 1 a. 35. Mah. XIII, 48, 24^5-25^ 36. Mah. XIII, 48, 25^-26^. 37. Mah. XIII, 48, 26^-27 a. 38. Mah. XIII, 48, 27 b. 574 LAWS OF MANU. 39. Mali. XIII, 48, 28b; Va. XVIII, 3. 40. Mah. XIII, 48, 29; Vi. XVI, 17*. 41 A2* • • • • • • • 43. Mah. XIII, 33, 21; 35, 17. 44. Mah. XIII, 33, 22; 35, 18. 45 46 47. Vi. XVI, 10, 12-13. 48. Vi. XVI, 8. 49. Vi. XVI, 9. 50. Mah. XIII, 48, 32^ 33^- 51. Vi. XVI, 14. 52. Mah. XIII, 48, 32 b; Vi. XVI, 14. 54- . . . . 55- . • • • 56. Vi. XVI, 1 1 . 57- Va. XVIII , 7 Vi. XVI, 7- 58. Mah. XIII, 48, 41. 59- Mah. XIII, 48, 42. 60. Mah. XIII, 48, 44. 61. • • • . . , 62. Mah. XIII, 48, 34 ^ -, - a • 00 > Vi, XVI, 18* , 63- Ya. I, 122*; Ga. VIII, 2 •3 ; Ap. I, 2 3,6 ; Vi. II, 16- I 7- 64. Ga. IV, 22 ; Ya .1,96 65- 66. 67. 68. 69. 70. 71- 72. 73- . 74. Va. II, 13. 75. Ga. X, 1-2 ; Ba. I, i8, 2 ; Ap. II, 10, 4; Va. II, 13-14; Vi. 11,5,9, n; Ya. I, 118. 76. Vi. II, II. 77. Ga. X, i; Ba. I, 18,3; Ap. II, 10, 6 ; Va. II, 15-16 ; Vi. 11,9; Ya. I, 118. 78. Ga. X, I ; Ba. I, 18, 4; Ap. II, 10, 7'; Va. II, 18; Vi. 11,9. 79. Ga. X, 7, 15, 49; Ba. I, 18, 3-4; Ap. II, 10, 6-7; Va. II, 17, 19; Vi. II, 6-7, 12-13; Ya. I, 119. 80 81. Ga.VII, 6; Ba. II, 4, 16; Va. II, 22; Vi. II, 15; Ya. in, 35- 82. Ga.VII, 7; Ba. II, 4, 19- 21 ; Va. II, 24, 32-36 ; Ya. 111,35; ■S3.. Gn.lY, II, 15. 83 84. Mah. Ill, 208, 23 ; XII, 263, 45^6'^ Ba. II, 4, 20-21; Va. II, 32-36.^ 85. Ga.VII, 8; Ap. I, 20, lo-i i ; Ya. Ill, 39. 86. Ga.VII, 9, 14-15; Ba. II, 2, 27; Ap. I, 20, 12-13; ^3,. II, 24, 26, 29; Vi. LIV, 18, 21; Ya. Ill, 36, 38. 87. Ga.VII, 9, 10 ; Va. II, 24- 26; Vi. LIV, 18,20; Ya.III, 36-38. 88. Ga.VII, 9, 11-12 ; Ap. I, 20, 12-13; ^^- n, 26; Vi. LIV, 18-19, 21; Ya.III, 36- 38- 89. Ga.VII, 13-15; Ap. 1, 20, 12; Va.II, 28; Vi. LIV, 21,; Ya. Ill, 37-38. 90. Va. II, 31 ; Ya. Ill, 39. SYNOPSIS OF PARALLEL PASSAGES. 575 91. Ba. II, 2, 26*; Va. II, 30*. 92. Va. II, 27* ; Ya. Ill, 40. 93. Ya. Ill, 40. 94. Ga. VII, 16-17, 21; Ap. I, 20, 15; Va. II, 37-39. 95. Ga.VII, 26; Vi.II, 15. 96. Va. II, 23. wv* • « • ■ • • • 98. Va. II, 23; Vi.II, 15. 99.) Ga. X, 57, 60; Vi. II, 14; 100. J Ya. I, 120. lOI 102. Ga.VII, 4; Ap. I, 18, 5-8, 14-15. 103. Va. XXVII, 9. 104. Ya. Ill, 41. 1,0^» * ■ • • • » • 106 107. io8. 109. no. 46; Vi. LIV, 28 ; see below, XI, 194. 112 113 114. Va. XII, 3. 115. Ga. X, 39-42. 116. Ya. Ill, 42. 117. Va. II, 40-43. 118 119. Ga. X, 16, 41 ; see also above, VII, 88. 120. Va. XIX, 37. 121. Ga. X, 56 ; Ya. I, 120. 122 123 124. Ga. X, 61. 125. Ga. X, 58-59. 126. ) Ga. X, 64-65 ; Ya. I, 121, 127./ 262. 8 12 129. Ga. X, 63. 130. . 131. . . III. Ap. I, 28, II ; Va. XX, 45- Manu XI. I. Mah. XII, 165, I ; Ga. V, 12. Mah. XII, 165, 7; Ga. 21; Ba. II, 5, 19; Ap. II, XVIII, 25. 10, 1-2. 13. Mah. XII, 165, 8 ; Ga. 2. Mah. XII, 165, 2 b XVIII, 24. 3. Mah. XII, 165,3b; Ga.V, 14. Mah. XII, 165, 9; Ga. 22 ; Ba. II, 5, 20. XVIII, 26-27. 4. Mah. XII, 165,4. 15. Mah. XII, 165, 10 5. Ap. II, 10, 3. 16. Mah. XII, 165, II ; Ga. 6 XVIII, 28-29; Ya. m, 43- 7. Mah. XII, 165, 5b-c; Va. 17. Mah. XII, 165, 12 ; Ga. VIII, 10; Vi. LIX, 8-9; Ya. XVIII, 30 ; Ya. Ill, 43- I, 124. 18. . • . . . • 0, •••••* . 19. . . • • ■ U« •••••••• 20. . . 10 21. Mah. XII, 165, 13; Ga. II. Mah. XII, 165, 6. XVIII, 32. 576 LAWS OF MANU. 22. Mah. XII, 165, 14"; Ga. XVIII, 31 ; Ya. Ill, 44. 23. Mah. XII, 165, 14b. 24. Vi. LIX, 11; Ya. I, 127. 25. Ya. I, 127. 26 27. Mah. XII, 165, 15 a; Vi. LIX, 10; Ya. I, 126. 28. Mah. XII, 165, 15 b 29. Mah. XII, 165, 16. 30. Mah. XII, 165, 17. 31. Mah. XII, 165, 18. 32 33 34. Mah. XII, 165, 2ob-2ia; Va. XXVI, 16. 35. Mah. XII, 165, 19^-20^. 36. Mah. XII, 165, 21^-2 2''' ; Ga. II, 4 ; Ap. II, 15, 18-19 ; Va. II, 6. 37. Mah. XII, 165, 22t>-22c. 38. Mah. XII, 165, 23. 39. Mah. XII, 165, 24. 40. Mah. XII, 165, 25. 41. Ga. XXII, 34; Va. I, 18; XXI, 27; Vi. LIV, 13. 42 43 44. Mah. XII, 34, 2 ; Ga. XIX, 2; Ba. 111,10, 2; Va. XXII, I ; Ya. Ill, 219-220. 45. Ga. XIX, 3-6; Va. XX, 1-2; Ba. Ill, 10, 3-5; Va. XXII, 3-5 ; Ya. Ill, 226. 4O. Ya. Ill, 226. 47 48. Va. XX, 43; Vi. XLV, I. 49. Va. I, 18; XX, 6; XX, 44 ; Vi. XLV, 3-6 ; Ya. Ill, 209. 50. Vi. XLV, 7-10; Ya. Ill, 211. 51. Vi. XLV, 11-14; Ya. Ill, 210. 52. Vi. XLV, 20-21,31. 53. Vi.XLV,32*. 54. Ya. Ill, 220. 55. Ga. XXI, i; Ap. I, 21, 8; Va. I, 19-21 ; Vi. XXXV, 1-2 ; Ya. Ill, 227. 56. Ga. XXI, 10; Vi. XXXVI, I ; XXXVII, 1-3 ; Ya. Ill, 228. 57. Ga. XXI, I ; Ap. I, 21, 8; Vi. XXXVI, 2 ; XXXVII. 4-5; Ya. 111,228-229. 58. Ba. II, 2, 3-4; Vi. XXXVI. 3 ; Ya. Ill, 230. 59-^Ga. XXI, i; Ba. II, 2, 13; Ap. I, 21, 8-9, 17-18; Vi. XXXVI, 4-7; Ya. III. 231. 60. Ga. XXI, 1, 1 1 ; Ap. I, 2 1, 9- 10; Va. I, 23; Vi. XXXVII, 6,9-10.13; Ya. Ill, 234,235, 237. 239-240. 61. Ga. XXI, 11; Vi. XXXVII. 15-18; Ya. Ill, 234-235. 238. 62. Ga. XXI, II ; Ba. II, 2, 13 ; Ya. Ill, 236-238. 63. Ga. XXI, II ; Ba. II, 2, 5 ; Vi. XXXVII, 14, 19-21; Ya. Ill, 234-235. 64. Ga. XXI, II ; Vi. XXXVII, 22-26 ; Ya. Ill, 240, 242. 65. Ga. XXI, II ; Ap. L 21. 14-15 ;Vi. XXXVII, 7, 24, 27 ; Ya. Ill, 239-240. 66. Ga. XXI, 1 1 ; Ba. II, 2, 13 ; Vi. XXXVII, 28-30, 32; Ya. 111,234, 242. 67. Ga. XXI, I, II ; Va. I, 23 ; Vi. XXXVII, 13,31, 33; Ya. Ill, 236-237, 239. 68. Vi. XXXVIII, 1-6. SYNOPSIS OF PARALLEL PASSAGES. 577 69. Vi. XXXIX, I. 70. Ba. II, 2, 6 ; Vi. XL, i. 71. Ba. II, 2, 15-16 ; Ap. I, 21, 12-17; Vi. XLI, 1-4. 72. Ga. XXII, i; Ba. II, i, i. 73. Ga. XXII, 4-6 ; Ba. II, i, 2-3; Ap. I, 24, 11-20; I, 28, 21-29, I j Vi. L, 1-6, 15; Ya. Ill, 243. 74. Mah.^XII, 35, 4 ; Ga. XXII, 2-3 ; Ap. I, 25, 1 1 ; Ya. Ill, 248. 75. Ga. XXII, 10; Ba. II, i, 4. 76. Mah. XII,35, 5a. 77. Mah. XII, 35, 5b-6a; Ya. Ill, 250. 78. Ya. Ill, 249. 79. Ap. I, 24, 18. 80. Par. VIII, 42 * ; Ga. XXII, 7 ; Va. XX, 27; Ya. Ill, 244-245. 81. Ga. XXII, 8 ; Ap. I, 24, 21 ; Va. XX, 28; Ya. Ill, 246. 82 83. Ga. XXII, 9 ; Ba. II, i, 5 ; Ap. I, 24, 22; Vi. XXXV, 6; Ya. Ill, 244. 84 85. Seeabove,IX, 317; I, 93-95. 86. See below, XII, 112. 87- 88. Ga. XXII, 12-13; Ba. II, I, 12; Ap. I, 24, 6-9; Va. XX, 23-24,34-36; Vi. L, 7- 9; Ya. Ill, 251. 89. Vi. L, 10. 90. Ga. XXI, 7; Ba. II, i, 6. 91. Mah. XII, 165, 48 a; Ga. XXIII, I ; Ba. II, i, 18; Ap. I, 25, 3; Va. XX, 22; YL III, 253. 92. Ya. Ill, 253. 93. Vi. LI, I ; Ya. Ill, 254. [25] P 94 95. Vi. XXII, 82 *. 96 97 98 99 100. ) > See above, VIII, 314-316. 102. Ap. I, 25, 10; Vi. LII, 3; Ya. Ill, 258. 103 104. Ga. XXm, 8-9; Ba. II, i, 13-14; Ap. I, 25, 2 ; Va. XX, 14; Vi. XXXIV, 2; Ya. Ill, 259. 105. Mah. XII, 165,50^-51 a; Ga. XXIII, lo-ii; Ba. II, 1,15; Ap. I, 25, i; Va. XX, 13; Ya. Ill, 259. 106. Vi. LIII, I ; YL III, 260. 107. Vi. LIII, 6; Ya. Ill, 260. 108 109. Ga. XXII, 18 ; Ap. I, 26, i; Va. XXI, 18; Vi. L, 16; YL III, 263. no. Vi. L, 22. 111. Vi. L, 16; Ya. Ill, 263. 112. Vi. L, 17-18. 113. Par.VIIL 41 *; Vi.L, 19-20. 114. Par. VIII, 39*; Vi. L, 21. 115. Par. VIII, 40*. 116. Vi. L, 24. 117. Ya. Ill, 263. 118. Vi. XXXVII, 35. 119. Ga. XXIII, 17; Ba. II, i, 31-3.3 ; Ap. I, 26, 8-9; Va. XXIII, 1-3; Ya. Ill, 280; Pa. Gri. Ill, 12, 1-3. 120. Ga. XXV, 4; Ba. II, i, 35. 121. Vi. XXVIII, 48*; Ba. II, I, 30; Va. XXIII, 4. 122. Ga. XXV, 1-2. P 578 LAWS OF MANU. 123. Vi. XXVIII, 49*; Ga.XXIII, 18; Pa. G/7". Ill, 12, 6-8. 124. Vi. XXVIII, 50*; Ga.XXIII, 19; Pa. GW. Ill, 12, 8. 125. Vi. XXXVIII, 7*. 126. Vi. XXXIX, 2; XL, 2; XLI, 5. 127. Ga. XXII, 14-16; Ba. II, I, 8-10; Va. XX, 31-33; Vi. L, 12-15; Ya. Ill, 266-267. 128. Ga. XXII, 14 ; Ba. I, 19, i ; Ap. I, 24, I, 4; Ya. Ill, 266. 129. Ya. Ill, 266. 130. Ga. XXII, 15 ; Ba. I, 19, 2 ; Ap. I, 24, 2, 4 ; Ya. Ill, 267. 131. Ga. XXII, 16 ; Ba. I, 19, 2 ; Ap. I, 24, 3-4 ; Ya. Ill, 267. 132. Ga. XXII, 19 ; Ba. I, 19, 6 ; Ap. I, 25, 13; Va. XXI, 24; Vi. L, 30-32; Ya. Ill, 270. 133. Ya. Ill, 270. 134. Ga. XXII, 23, 25; Vi. L, 34-35; Ya. Ill, 273. 135. Ga. XXII, 24; Vi. L, 36- 39; Ya. Ill, 271, 273-274. 136. Ba. I, 19, 6; Vi. L,'33 ; Ya. Ill, 272. 137. Ba. I, 19, 4; Vi. L, 25-28; YIIII, 271. 138. Vi. L, 29, 40-41 ; Ya. Ill, 2 72 — 2 7 '^. 139. Ga. XXII, 26; Ya. Ill, 268. 140. Va. XXI, 26; Ya. Ill, 274. 141. Vi. L, 46*; Ga. XXII, 20- 21; Ap. I, 26, 2; Va. XXI, 25 ; Ya. Ill, 269. 142. Vi. L, 47*; Ga. XXII, 22; Ya. Ill, 275. 143. Vi. L, 48*; Ya. Ill, 276. 144. Vi. L, 49*; Ya. Ill, 275. 145- Vi.L, 50*; Ya. Ill, 276. 146 147. Ga.XXIII, 2; Ba.II, 1,19, 21; Va. XX, 19; Vi. LI, 4; Yl III, 255- 148. Ba.II, I, 22*; Va.XX, 21 ; Vi. LI, 23-24. 149 150. Mah. XII, 165, 76 1*; Ga. XXIII, 6 ; Vi. LI, 25. 151. Ga. XXIII, 3; Va.XX, 20; Vi. LI, 2 ; Ya. Ill, 255. 152. Va.XX, 18*; Par. XII, 3*; Ba. II, 1,20; Vi. LI, 5. 153. Va. XIV, 33; Vi. LI, 50, 54, 56 ; see above, IV, 222. 154 155 156. Vi. LI, 27, 34. 157. Ga. XXIII, 4-5 ; Va. XXIII, 30 ; Vi. LI, 3-4. 158. Va.XXIII, 12; Vi.LI, 43-44. 159. Va.XXIII, 11; Vi.LI, 45; Ya. Ill, 282. 160. Va.XXIII,! i; Vi.LI, 46-47. 161. Ga. XXIII, 26. 162 163. Ap. I, 25, 10; Vi. LII, 5. 164. Vi. LII, 6. 165. Vi. LII, 7. 166. Vi. LII, 8. 167. Vi. LII, 9. 168. Vi. LII, 10. 169. Vi. LII, II, 13. 170 171. Ga. XXIII, 12-13, 32; Ba. 11,2,13-14; Va.XX, 15-16; Vi. XXXIV, 2 ; LIII, I ; Ya. in, 233. 172 173. Ba. II, I, 37-38. i74.^Ga. XXII, 36; XXIII, 34; Ap. I, 26, 7; Vi. LIII, 4, 7; Ya. Ill, 288. SYNOPSIS OF PARALLEL PASSAGES. 579 175. Vi. LIII, 4; Ya. Ill, 291. 176. Ba. II, 4, 14*; II, 4, 13 ; Va. XXIII, 41; Vi. LIII, 5-6. 177. Mah. XII, 165, 63 b; Vi. LIII, 8. ^1^ .• • • 179. Vi. LIII, 9*; Ap. I, 27, II*; Ba.II, 2, II*; Par. VII, 10*. 180. ...... . 181. Mah. XII, 165, 37; Ba. II, 2,35*; Va. I, 22*; Ga. XXI, 3; Vi. XXXV, 3-5; Ya. Ill, 261. 182. Vi. LIV, I. 183. Ga. XX, 4-6; Ba. II, I, 36; Va. XV, 12-13; Ya.III, 295. 184. Ga. XX, 4, 7; Va. XV, 12, 14; Vi. XXII, 57. 185. Ga. XX, 8-9 ; Va. XV, 15- 16; Ya. Ill, 295; see above, IX, 201. 186. See above, IX, 201. 187. Ga. XX, 10; Ba. II, i, 36; Va. XV, 17-21; Ya.III, 296. 188. Ga. XX, 11-14; Ba. II, i, 36 ; Ya. Ill, 296. 189. Ya.III, 297. 190. Vi. LIV, 31 *. 191. Vi. LIV, 32*; Ya.III, 299. 192. Vi. LIV, 26 * ; Ap. I, I, 23- 2, 10 ; Va. XI, 76-79. 193. Vi. LIV, 27 *. 194. Vi. LIV, 28*. 195. Vi. LIV, 24*; Ya.III, 290. ^96-l Ba.II, 1,36; Ya.III, 300. 197-i 198. Vi. LIV, 25 * ; Ap. I, 26, 7 ; Ya. Ill, 289. 199. Ya. Ill, 289. 200. Ga. XXIII, 7 ; Va. XXIII, 31; Vi.LIV, 12; Ya. 111,277. P p 201 « .* . 202. Ya. Ill, 291. 203 204. Vi. LIV, 29 *. 205. Par. XI, 49*; Ya. Ill, 292. 206. Par. XI, 50*; Ya. Ill, 292. 207 , 208. Mah. XII, 165, 45^-46". 209. Ba.II, 1,7*; Vi. LIV, 30*; Par. XI, 51*; Ya.III, 293. 210. A'i. LIV, 34*; Ya.III, 294. 211 212. Ga. XXVI, 2-5; Ba.II, 2, 38; IV, 5, 6-7; Ap. I, 27, 7; Va. XXI, 20 ; Vi. XLVI, 10 ; Ya. Ill, 320. 213. Ba. IV, 5, II * ; Va. XXVII, 13*; Par. X, 29*; Vi. LIV, 19; Ya. Ill, 315. 214. Ba. IV, 5, 8*; Ga. XXVI, 18-19; B^- II» 2, 40; Va. XXIV, 1-2 ; Ya. Ill, 320. 215. Ba.II, 2, 37; IV, 5, 10; Va. XXI, 21; Vi. XLVI, 11; Ya. Ill, 318. 216. Ba. IV, 5, 15*; Vi. XLVI, 18; Ya. 111,321. 217. Va. XXVII, 21*; Par. X, 2*; Ga. XXVII, 12-13; Ba. 111,8, 10, 19-23; Va. XXIII, 45; Vi.XLVII, 4-5; Ya.III, 324- 218. Ga. XXVII, 14; Ba. Ill, 8, 26; IV, 5, 17; Va. XXVII, 21; Vi.XLVII, 3, 6. 219. Ba.IV, 5,19*; Vi.XLVII, 7. 220. Ba. IV, 5, 18*; Vi.XLVII, 8. 221. Ba. IV, 5, 20 * •, Ga. XXVII, i8;Ba.III, 8, 31; Vi.XLVII, 9; Ya. Ill, 325, 327. 222. Ba. Ill, 8, 30; Vi. XLVII, 10. 2 58o LAWS OF MANU. 223. Ga. XXVI, 1-6; XXVII, 2; Ba. Ill, 8,3, 7-9, 12-13. 224. Ba. Ill, 8, 17; Ya. Ill, 326. 225. Ba. Ill, 8, 14-16. 226. Va. XXIV, 46; Ya. Ill, 309. 227. Va. XXV, 3. ,228 229 230. Mah. XIII, 112, 5. 231. , . , , 232 233 234 235 236 247. Va. XXVII, 1-2. 248 249. Ba. IV, I, 29*; Va. XXVI, 4*; Vi. LV, 2. 250. Va. XXVI, 5*; Vi. LV, 4; Yl III, 304. 251. Va. XXVI, 6* ; Ya. Ill, 304. 252. Va. XXVI, 7*; Vi. LV, 6; Yl III, 305. 253- • • 254. Ga. XXIV 4-5- 255- • 256. . 2-3 ; Ba. IV, 2, 237. . . . 238. . . . 239. Vi. XCV, 17^ 240. 241. 242. 243. . 244 245. . 257- 258. 10, 12 ; Ba III, XXVI, 8; Ya. 259. . 260. Ga. XXIV 5, 2-5; Va III, 302. 261. Vi.LV, 7*; Ba.IV, 2, 15. 262. Va. XXVII, 3*. 263. Ba. Ill, 9, 1-2 1 ; IV, 5, 29. 264 246. Va. XXVII, 7*; Ya. Ill, 311. 265. 266. Manu XII. 1 2 3 4 5. Yl III, 134. 6. Yl III, 135. 7. Ya. Ill, 136. 8 9. Ya. Ill, 131, 134-136. 10 II 12. Maitr. Up. Ill, 3. 13 14 15 16 17 18 19 20 21 22 23 24. Ya. Ill, 182. 25 26 SYNOPSIS OF PARALLEL PASSAGES. 581 27. Mah. XII, 194, 31 ; 219, 29. 28. Mah. XII, 194, 32 ; 219, 30. 29. Mah. XII, 194, 33; 219, 31. 30 31. Ya. Ill, 137. 32. Maitr.Up.III,5;Ya.III,i38. 33. Ya. Ill, 139. 34 66. Vi. XLIV, 35-37 ; Yd. Ill, 214-215. 67. Vi. XLIV, 38-43 ; Ya. III. 214. 68. Vi.XLIV,44*;Yira,2i7. 69. Mah. XIII, III, 130; Vi. XLIV, 45*. 70 35 36 37 38 39 40. Ya. Ill, 137-139. 41 71- 72. 73- 74- -^ 75. '1 Ya. Ill, 206 ; see above, 76. J IV, 88-89. 77 ' 42 43 44 45 46 47 48. 49 50 51 52. Ya. Ill, 219. 53 54 55. Ya. Ill, 207. 56. Ya. Ill, 207. 57. Ya. Ill, 208. 58. Ya. Ill, 208. 59 60. Ya. Ill, 212. 61. Ya. Ill, 213. 62. Vi. XLIV, 14-20; Ya. Ill, 2 1.4-2 1 5. 63. Vi. XLIV, 21-25; Ya. Ill, 211, 215. 64. Vi. XLIV, 2 6-30; Ya.111,215. 65. Vi. XLIV, 31-34; Ya. Ill, 313' 78. 79- 80. 81. 82. 83. Ya. Ill, 190. 84. . . . 85. 86. 87. 88. 89. 90. 91. I.ra. Up. 6 ; Ap. I, 23, i. 92 93 94 • • 95 96 97 98 99. ..... . 100 1 01. Va. XXVII, 2*. 102 103 104 582 LAWS OF MANU. 105. 106. 107. 108. Ga. XXVIII, 48. lop.^Va. VI, 43* ; Ba. I, i, 5-6; Ap. II, 29, 13-14 ; Va. I, 6-7. no. Ga. XXVIII, 49; Ba.1,1,7,9. 111. Ba. I, I, 8*; Va. Ill, 20*; Par. VIII, 34*. 112. Ya. I, 9. 113. Ga. XXVIII, 50. 114. Ba. I, I, 16*; Va. Ill, 5*; Par. VIII, 12*. 115. Ba. I, I, II *; Va. Ill, 6*; Par. VIII, 13*. 116 117 118 119 120 121 122 123 124 125 126 I N DEX. INDEX. Abhi^it sacrifice, xi, 75. Abhira caste, x, 15. Abhijasta, one accused of mortal sin, II, 185; III, 159 ; IV, 211. Abortion, v, 90. See Penance for destroying embryo. Actions, classification of, xii, i-ii. Activity, quality of nature or of Self, XII, 24, 26, 28, 32, 36, 38. — conditions caused by, xii, 40, 45-47. Actor, excluded from 5raddha, iii, 155- — food of, forbidden, iv, 214, 215. — not qualified to be witness, viil, 65. — punishment for adultery with wife of, VIII, 362-363. Adhvaryu priest, receives a chariot, VIII, 209. Adityas, III, 284; xi, 222. Adoption. See Son, adopted. Adulteration of merchandise, viii, 203 ; IX, 286 ; XI, 50. Adulteress, son of, excluded from 5raddha, ill, 156, 174-175. — food of, forbidden, iii, 158; iv, 217. — husband of, iii, 155. Adultery, a great crime, iv, 133-134; VIII, 35^2-353. — an Upapataka, xi, 60. — definition of, viii, 356-358. — penance for, xi, 177-179. — punishments of females for, viii, 371; in next life, V, 164 ; ix, 30; of males, VIII, 359, 363, 372-379) 382-385 ; in next life, xi, 52 ; XII, 60. • — witnesses in cases of, viii, 72. See Guru, Wife. Agastya, a sage, v, 22. Ages of the world, i, 68-73, 81-86; IX, 301-302. Aghamarshawa hymn, XI, 260-261. A^igarta, a sage, x, 105. Agni, III, 85, 86, 211 ; xi, 120, 122 ; XII, 121, 123; king to behave like, IX, 303, 310. See Fire. Agnidagdha manes, iii, 199. Agnihotra sacrifice, 11, 15; iv, 10, 25 ; V, 167 ; VI, 9 ; xi, 42 ; Add. and Corr. p. 613. Agnish^oma sacrifice, 11, 143. Agnish^ut sacrifice, xi, 75. Agnishvatta manes, iii, 195, 199. Agnyadheya sacrifice, 11, 143 ; viii, . ^209; XI, 38. Agraya«a sacrifice, iv, 26-28 ; vi, 10. Agreements. See Non-performance of. Agriculture, called Pramr/ta, iv, 4-5- — excludes from 5raddhas, iii, 165. — forbidden to Brahmawa, in, 64, X, 83-84. — obligatory on Vaijya, I, 90 ; x, 79. — one of the ten modes of subsist- ence, X, 116. See Cultivator, Seed-corn. A^yapa manes, in, 197. Ahina sacrifices, xi, 198. Ahiwiika caste, x, 37. Ay^amana, See Sipping- water. Akhya. See Teacher. AHrya caste, X, 23. Akshamala, wife of Vasish^M, ix, 23. Ambash//)a caste, x, 8, 13, 15, 19, 48. Ambassador, vir, 63-68. Anagnidagdha manes, in, 199. Anantara sons, x, 6, 14, 41. Andhatamisra.hell, iv, 88, 197. Andhra caste, x, 36, 48. Angas of the Veda, p. xxvi; 11, 141, 243; III, 184, 185; IV, 98. Ahgiras, i, 35; 11, 151 ; iii, 198, — sacred texts of, xi, 33, Animals, classes of, i, 43-45. — eatable and forbidden. See Food. — slaying of, xi, 60, 69, 71. See Meat, Penance for killing. 586 LAWS OF MANU. Annaprajana rite, ii, 34. Antyavasayin caste, iv, 79 ; x, 39. Antyesh/i rite, li, 16. Anulomas. See Castes, mixed. Anvash/aka days, iv, 150. Apapatra races, x, 51. ApastamMya Dharma-sfitra, pp. xi, xviii, xlix, li, lix, Ixv, Ixix, Ixxi, xciii, xcix, ci, cxix. Apatrikarawa sins, xi, 70. See Pen- ance for. Apaviddha. See Son, cast off. Appointment of daughters. See Daughter appointed. — of widows and wives, cix ; III, 160, 173. s, pp. xciv, — forbidden, ix, 64-68. — permitted, ix, 57-63, 120-121, 145-146, 159, 162-165, 167, 190- 191. Apsarases, i, 37; xii, 47. Architect, excluded from i'raddha, III, 163. Arms, trade of, excludes from Srad- . dha, III, 162. See King, Ksha- triya, duties of. Arsha marriage, iii, 21, 53. — affects succession to woman's property, ix, 196. — description of, iii, 29. — permitted to whom, iii, 23-24. — results of, in, 38-40, 42. Arson. See Incendiary. Artisan, disqualified to be witness, VIII, 65. — food of, forbidden, iv, 219. — ■ hand of, always pure, v, 129. — may speak to married women, VIII, 360. — to do work for king, vii, 138 ; x, 120. Aryan, acting like non-Aryan, and non-Aryan like Aryan, x, 73. — has three births, II, 169. — lawful residence of, 11, 24. — may take roots &c. on a journey, VIII, 341. — may take up arms, viii, 348-351. — offspring of Aryan father and non-Aryan mother preferable to offspring of non-Aryan father and Aryan mother, x, 66-72. — to be witness for Aryan of the same kind, viii, 68. Aryavarta, x, 34; boundaries of, 11, 22-23. Asahaya, commentator of Narada, pp. xvii, cvii. Asawvr/ta hell, iv, 81. Ascetic, dress and utensils, vi, 41, 44, 52-54- — duty of meditation and Veda- study, VI, 49, 61-84. — dwelling and manner of life, vi, 41-43. — entrance into order, vi, 33-40. — food and manner of begging, VI, 43, 50-51, 55-59- — • general disposition, vi, 41, 44-49, 60. — not to be made a witness, viii, 65. — pays no toll at ferry, vili, 407. — personal purification, v, 137. — produced by Goodness, xii, 48. — receives alms at Vaijvadeva, III, 94. — informal, iv, 257-258; vi, 86, 94-96. — punishment for intercourse with female, viii, 363. Ash^aka days, manes worshipped on, IV, 150. — Veda-study interrupted on, iv, 119. Asipatravana hell, iv, 90; xii, 75. Assassin. See Self-defence. Assault, results of, on a Brahmawa, IV, 165-169; XI, 207-208. — to be avoided by Snataka, iv, 83, 164. — a title of the law, viii, 6, 279-301. — witnesses in cases of, viii, 72. See Homicide, Hurt, Mischief. Assembly legal. See Parishad. Assessors in a law-court, viii, i, 10- 19- Astrologer excluded from 5raddha, III, 162. Astrology, practice of, forbidden to ascetics, vi, 50. Astronomy, science of, p. li. Asura marriage, iii, 21. — affects succession to woman's property, IX, 197. — description of, in, 31. — permitted to whom, pp. Ixxvii- Ixxviii ; in, 23-25. — results of, in, 41-42. See Daugh- ter, sale of. Asuras, i, 37; in, 225 ; xi, 20. Ajvalayana-sm;-/ti, p. xxii. Ajvamedha. See Horse-sacrifice. Atharvan, sacred texts of, xi, 33. INDEX. i87 Atheism, -ist, ii, 1 1 ; iii, 1 50 ; iv, 163; VIII, 22 ; XI, 67. Atikr/^^/i7ra penance, xi, 209 ; de- scription, XI, 214. Atri, a sage, i, 35 ; in, 196 ; quoted, p. xxvii ; III, 16. Aurasa. See Son, legitimate. Austerity, best form of, 11, 166; iv, 148. — leads to final liberation, xii, 83. — power of destroying guilt and producing other effects, iv, 148; XI, 228, 234-235. • — sole duty in K/v'ta age, i, 86, — to be performed by ascetic, vi, 75 ; by hermit, vi, 8, 22-23, 3°- Auttami Manu, i, 62. Avakirwin. See Penance for breach of student's vow, Student. Avantya caste, x, 21. Avr/ta caste, x, 15. Ayogava caste, descendants of, x, 15, 26, 32, 35. — occupation, x, 48. — origin of, x, 12, 16. Bali offering, in, 70, 74, 108, 265. — description of, iii, 87-94, 121. — duty of performing for house- holder, III, 80-81; for hermit, VI, 7. Barber, food of, permitted to Brah- ma«a, iv, 253. Bard, excluded from Sraddha, in, 158 ; may speak to married woman, viii, 360, See Singer. Barhishad manes, in, 196, 199. Basket-maker, food of, forbidden, IV, 215. Bathing, rules of, iv, 45, 129, 152, 201-203 ; a penance, vi, 69. Baudhayaniya Dharmajastra, pp. xx, xlix, li-liii, Ixv, xciii, xcix, cii, civ, cxix. Begging, a mode of subsistence, iv, 4-5 ; X, 116. — rule of, for ascetic, vi, 43, 50-51, 55-58; for hermit,vi, 27-28; for student, 11, 48-50, 108, 182-185, 187 ; when permitted to Sna- taka, IV, 33 ; xi, 1-6. Bestial crime, xi, 174. Betrothal, manner of, in, 35. — once made binding, ix, 47, '71; except when bride is blemished, IX, 72-73. Betrothal, source of husband's power, V, 152. See Bride, Bridegroom. Betting, ix, 221-228. Bhadrakali, in, 89. Bharadv%a, a sage, x, 107. Bhavishya-pura;za, pp. cx-cxi. Bhr;gu, expounds Manu's laws, pp. xii-xiii, xvii; i, 59-60; v, 1-3 ; XII, 2, 126. — origin of, l, 35. — opinion of, quoted, p. xxvi ; in, Bhutas, in, 70, 74, 80-81, 90. Bhutatman, xii, 12. Birth. See Impurity, Transmigra- tion. Blacksmith, food of, forbidden to Brahma^a, iv, 215. Blind man, excluded from inherit- ance, IX, 201 ; from i'raddha, III, 161, 177. Boatmen, hire of, viii, 406 ; liabihty for damage, vni, 408-409. Bond, renewal of, viii, 154-155. Booty, distribution of, vii, 96-97. Boundary, disputes, a title of the law, VIII, 6, 245-266. — not lost by lapse of time, vni, 149. — punishment for destroying mark of, IX, 291. Brahma marriage, iil, 21. — affects succession to woman's property, ix, 196. — description of, in, 27. — permitted to whom, in, 23-24. — results of, in, 37, 39-40, 42, 184. Brahman, i, 50 ; 11, 82-84 j m? 7°, 89; IV, 182, 260; VI, 32, 79, 81, 85; VII, 14; VIII, 81; XII, 102, 123, 125. — composed Manu-smnti, p. xii ; i, 58. — court of, VIII, II. — day and night of, i, 68-73. — muhurta of, iv, 92. — origin of, i, 11 ; xii, 50. — tirtha of, II, 58-59. See Purusha, Svayambhu, Soul. Brahman priest, receives a horse, VIII, 209. Brahmawa, a class of works, iv, 100. Brahmawa (caste), definition of a true, II, 87. — duties, livelihood, and occupa- tions of, I, 88, 102-110; IV, 2- 588 LAWS OF MANU. 13; X, 1-2, 74-76; in times of distress, VIII, 339; xi, 11-23; X, 81-94, 101-114, 116-117 ; following forbidden occupa- tions, III, 64-65, 150-166; VIII, 102 ; or neglecting duty, xii, 71. See Penance for following forbidden occupations. Brahmawa, feeding 01,111,96-109,125- 129 ; IV, 29-30, 192-197. — gifts to. See Gift, King, duties of. — inherits property of Brahmawa, IX, 188-189. — judicial functions of, to be as- sessors in court, Vlll, i, lo-ii, 391; judges,viii, 9, 20 ; present at examination of witnesses, VIII, 87 ; to impose penances, XI, 86 ; to settle doubtful points of law, XII, 108-116. — manes of, iii, 197, 199. — marriage-rites lawful for, ill, 23- 24. — may forcibly appropriate property, VIII, 339; XI, 11-21. — offences against: (i) killing a, a mortal sin, ix, 235; xi, 55; also execution, viii, 380-381 ; see Penances for ; punishment, criminal, for, ix, 237; in an- other life, XI, 49 ; XII, 55. (2) other offences, assaulting and threatening, iv, 165-169; XI, 68 ; see Penance for threat- ening, &c. ; defaming, viii, 267 ; seizing property of, xi, 26. — offences by, acceptance of pro- perty from thieves makes Brah- ma«a a thief, viii, 340 ; adultery and rape, viii, 378-379, 383- 385 ; defamation of equal caste, VIII, 269; of lower, viii, 268, 276 ; not inviting virtuous neighbours to a festival, viii, 392; perjury, viii, 123-124; theft, greatness of guilt, viii, 338. — ongm of, I, 31, 87, 93; XII, 48. — power and rank of, i, 93-101; 11,135; IX, 245, 313-322; X, 3; XI, 31-35. — reverence due to, iv, 39, 52, 58, 135-136, 142, 162; see King, duties of ; irreverence towards, degrades, x, 43. Brahmawas, seniority among, 11, 155- — shall employ indigent Kshatriya and Vaijya, viii, 411-412. — special rules for, of administration of oath, viii, 113; betrothal, III, 35 ; burial, v, 92 ; of ex- amination as witness, viii, 88 ; of impurity, v, 83, 99 ; of initiation, 11, 36-38, 41-42, 44- 46 ; of Kejanta, 11, 65 ; of naming, 11, 31-32; of payment of fine, IX, 229 ; of purification, II, 58, 62 ; of saluting, 11, 122- 127; of studentship, li, 49, 190. — why subject to death, v, 4. — wives permitted to, iii, 13-19. See Snataka, S'rotriya, Sons by wives of several castes. Brahmaw^ali, ceremony, 11, 70-71. Brahma?zT, daughter of, inherits from co-wives, IX, 198. — prerogatives of, wife, p. Ixxiv ; IX, 85-87. — punishment of adultery withjViii, 374-^378. Brahmarakshasa, xii, 60. Brahmarshis, country of, il, customs, II, 20, Brahmasattra, 11, 106; iv, 9. Brahmavarta, boundaries, 11, 19; 17; customs, II, i! Bride, defamation of, viii, 225. — given away by whom, v, 151. — open declaration of blemishes required, viii, 205 ; fine for concealment of blemishes, viii, 224. See Betrothal, Marriage, Wife. Bridegroom, receives honey-mix- ture, III, 119 ; way to be made for, II, 138. Brihaspati, XI, 120, 122. Br/haspati-smWti, pp. xvi-xvii, xciv, xcvi, cviii-cx. Br/hat Manu, pp. xcii, xcvi-xcvii. Brihat 5ankha-smr/ti, pp. xxi-xxii. Brother, begetting son with pre- deceased brother's bride or widow, in, 160, 173; IX, 57- 68, 120-121, 143-147. — gives sister in marriage, v, 151. — must give one-fourth share to unmarried sister, ix, 118. — elder, honour shown to, ll, 225- INDEX. 5^9 226; IV, 180, 184; IX, no; marrying or sacrificing after younger, ill, 154, 170-172 ; xi, 61 ; punished for cheating his younger brother, ix, 213; punishment for defaming, viii, 275. Brother, younger, marrying or sa- crificing before elder, in, 154, 170-172 ; XI, 61. Brothers have all male offspring through one son, ix, 182. Brother's wife, manner of saluting, II, 132, See Inheritance, Par- tition, Sons, eldest, second, younger, youngest. Burglary. See Robbery. Burial. See Infants ; Brahmawa, Kshatriya,Vaijya, 5udra, special rules for. Carpenter, food of, forbidden, iv, 210. Caste, change of, vii, 42; x, 42-43, 64-65. — exclusion from, xi, 183-186. • — readmission to, xi, 187-191, 196- 197. Castes, four original, x, 4 ; their origin, I, 31, 87; x, 45. — mixed, enumeration, origin and occupation of, x, 6-56 ; signs for detecting them, x, 57-61. — duties of all, x, 63. — law of castes, VIII, 41-42, 46. See Aryan, Brahma«a, Kshatriya, Vaijya, 5udra, Occupations. Cattle, rearing or tending, duty of Vaijya, I, 90; Vlii, 114; ix, 326- 328; X, 79. — forbidden to Brahmawa, in, 154, 166; VIII, 102; except in times of distress, X, 82. See Damage, Herdsman. Coins. See Weights of copper, &c. Concerns among partners, a title of the law, VIII, 4, 206-211. Conduct, rule of, most important, i, 107-110; IV, 145-146, 156-158, 175- — of those who know Veda authori- tative, II, 6, 18 ; IV, 145. Confession destroys guilt, xi, 228- 229. Connubial intercourse, duty of, in, 45-50; IX, 4. Connubial intercourse, when for- bidden, III, 45-47 ; IV, 40-42, 128. Conquest, duty of king and Ksha- triya, vii, 94-110; IX, 251; X, 119; duties after — has been made, vii, 201-203. — one of the modes of acquiring property, x, 115. Contract, for carriage, viii, 156-157. — regarding crops, ix, 52-53, — when null and void,viii, 163-168. See Bond, Debt. Coparcener. See Partition. Cow, food smelt at by, impure, iv, 209, — killing an Upapataka, xi, 60. See Penance for, — reverence towards, iv, 38, 45, 48, 52, 58~59j 72, 142, 162, Creation, account of, pp. Ixxxiii-xc ; by Manu, i, 1-59; by Bh/-/gu, I, 60-110. Cultivator, food of 5udra, lawful for Brahma«a, iv, 253. — negligent, punished for loss of crop, VIII, 243. See Agricul- ture, Boundary, Damage by cattle. — shares crop, ix, 53. Custom, source of the law, li, 6, 12, 18 ; VIII, 41-42, 46. — of conquered country, to be up- held, VII, 203. Daityas, xii, 48 ; manes of, iil, 196. Daiva marriage, in, 21. — affects succession to woman's property, ix, 196. — description of, in, 28, — permitted to whom, in, 23-24, — results of, in, 38-40, 42. Daksha, a Pra^apati, ix, 128-129. Dakshayawa sacrifice, vi, 10. Dakshiwa. See Sacrificial fee. Damage done by boatmen, vili, 408-409 ; by cattle, viii, 240- 242. See Hurt, Mischief. Damages for injury to person, viii, 287. Dancers, to be banished, ix, 225. Darada race, x, 44. Darkness, quality of nature or of Self, I, 5 ; xn, 24, 29, 33, 35, 38. — conditions produced by, i, 49 ; XII, 40, 42-44. 590 LAWS OF MANU. Darjapumamasa sacrifices, iv, 25 ; VI, 9. Daia caste, x, 34. Dasyu race, V, 1 3 1 ; viii, 66 ; x, 32; .-*' XI, l! XII, 70. — definition of term, x, 45. Dattaka. See Son, adopted. Daughter, inherits from mother, ix, 192, 195 ; of Brahmawi wife inherits from co-wives, ix, 198 ; unmarried, inherits fourth- share from father, ix, 118; separate property of mother, IX, 131. — position and treatment of, iv, 180, 185 ; IX, 130. — sale of, forbidden, iii, 51-54; IX, 98-100; rule regarding, VIII, 204. See Asura marriage, Nuptial fee. — to be married at proper time, IX, 4, 88-89, 94 ; or to choose husband, ix, 90-93. — appointed, p. cix ; in, 1 1 ; ix, 127; inherits, IX, 130; husband of, inherits, ix, 135; son of, inherits from maternal grand- father, IX, 131-134, 136; offers funeral sacrifice, ix, 140. Daughter's daughter inherits from maternal grandmother, ix, 193. — son, entertained at ^raddha, in, 148, 234-235; inherits from maternal grandfather, ix, 136, 139. Dealer in weapons, excluded from 6"raddha, iii, 160 ; food of, for- bidden to Brahmawa, iv, 215, 260. Debt, non-payment of or recovery of, VIII, 4, 47-60, 139-143) 151- 155, 158-167, 176-177. Debts, three, to gods, &c., iv, 257 ; "^'i> 35-37; non-payment of, xi, 66. Defamation, viii, 6, 225, 267- 278. — anybody may be witness in cases of, VIII, 72. Defiling a maiden, xi, 62 ; punish- ments for, VIII, 367-370. Deposits, VIII, 4, 149, 179-196. Dhanvantari, iii, 85. Dhara^a, value of, viii, 135-137. Dharma, duty, law or justice per- sonified, I, 81-82; VIII, 15-16; IX, 129 ; XII, 50. Dharmajastra, pp. xxv, li-]iv ; II, 10 ; III, 232 ; XII, III. Dharma-sutras, pp. xi-xii, xviii-xix, xxiv, xxvi, lii-liii, Ixii, xciv, cxix. Dhigva/?a caste, x, 15, 49. Dialectics, institutes of, II, 1 1 ; science of, VII, 43. See Logician. Dikshita. See Sacrifices, 5rauta, one initiated for. Dinaras, pp. xvii, cv, cvii. Diseases, punishments of crimes, xi, 49-53 ; exclude from 5raddhas, III, 151, i53-i55> i59j 165, 177. Disputes between owners of cattle and herdsman. See Herdsman. — regarding boundaries. See Boun- daries. Documents, written, pp. xcix-ci ; VIII, 154-155, 168, 255; IX, 232, Domestic priest, iv, 179; vii, 78; XII, 46, Dravi^a caste, x, 22, 44. Dress, indivisible property, ix, 219. — of ascetic, vi, 44, 52. — of hermit, vi, 6, 15. — of Snataka, iv, 34-36, 66. — of student, 11, 41, 64, 174. Drinking spirituous liquor, a mortal sin, IX, 235; XI, 55. — punishment for, ix, 237 ; in another life, xi, 49 ; xii, 56 ; other consequences, in, 159; IV, 207. — women addicted to, v, 90 ; ix, 13, 80. — sins equal to, xi, 57. See Penance for drinking spirituous liquor. Drishadvati river, p. xlv ; 11, 17. Duties, on traders, viii, 398, 400. See Taxes, Tolls. Dvapara age, i, 85-86 ; ix, 301-302. Earth, creation of, i, 13; king be- having like, IX, 303, 311. Eating, rules of, 11, 51-57; in, 116- 117; for Snataka, iv, 43, 45, 55, 58, 62-63, 65, 74-76. — purification after, v, 145. Edicts, royal, ix, 232. Egg, mundane, i, 9-13. Ekoddishm 5raddha, in, 247 ; iv, I lO-III. Elements, i, 6, 75-78. INDEX. 591 Emigrant, wife of, ix, 74-76. Eunuch, excluded from inheritance, IX, 201; from sacrificing, iv, 205-206 ; from Sraddhas, in, 150. — food of, forbidden to Brahma«a, IV, 205. — son of, inherits, ix, 203. Evidence, punishment for refusal of, VIII, 107 ; what is admissible as, VIII, 74. See Penance for giving false evidence, Perjury, Witness. Exclusion from caste, see Caste ; — from inheritance, see Inherit- ance. FamiHes, law of, authoritative, viii, 41. Fasting, v, 155 ; a penance, xi, 167, 204. See Paraka. Father, gives daughter in marriage, V, 151; must do so at proper time, IX, 4, 88-89; loses power over daughter, ix, 93. — impure on birth of child, v, 62- 63. — inherits from childless son, ix, 185 ; from childless daughter, IX, 197. — offences against, in, 157, 159; XI, 60 ; punishment for defam- ing, VIII, 275; for forsaking, VIII, 389. See Daughter, Son. — keeps recovered property, ix, 209. — partition by, ix, 215. — reverence towards, and vener- ability of, 11, 145-148, 225-237 ; IV, 162, 179-180, 182. See Guru, Sale, Son. Father-in-law, entertained at 5rad- dha, III, 148. — how saluted, 11, 130. — receives the honey-mixture, in, 119. Fellow-student, impurity on death of, V, 71. Field, acceptance of, x, 114. — settlement of boundaries of, vin, 262. Fines, amounts of three degrees of, VIII, 138. — how to be paid, ix, 229. — son not liable for unpaid, viii, 159- Fire, reverence to be shown towards, IV, 48, 53-54, 58, 142. See Agni, Sacred fire. Flag, punishment for destroying, ix, 285. Food, forbidden and lawful, iv, 205- 225, 247-250, 253; V, 5-56; in times of distress, x, 104, 106- 108. — eating forbidden, an Upapataka, XI, 65 ; punishment for, in next life, XII, 59. See Penance for eating forbidden food. — indivisible property, ix, 219. — lawful for hermits, vi, 3, 12-21, 27-28. — obtained by begging, always pure, V, 129. Force, vitiates all transactions, viii, 168. Forgery, ix, 232. Fornication, xi, 59. — excludes from 5raddhas, in, 164. — penance for, xi, 171. — punishments for, viii, 364-366. Fortress, royal, vii, 70-76; ix, 252. Fortune-tellers, to be punished, ix, 258. Fraud, vitiates every transaction, viii, 165 ; punishment of, viii, 193. See Brother, eldest; Trader. Friend, betrayer of, excluded from 5raddha, III, 160. — disqualified to be witness, viii, 64. — impurity on the death of, v, 82. — killing, XI, 57. — not to be fed at Sraddha, in, 138- 141. — wife of, adultery with, xi, 171. Funeral ceremonies. See Antyesh/i ; Impurity, behaviour of mourn- ers. Funeral sacrifices. See 5raddhas. Gadhi, son of, vii, 42. Gambling, pp. Ixx-lxxi ; excludes fromSraddha, in, 151, 159, 160. — forbidden to Snatakas, iv, 74 ; to kings, VII, 47, 50. — punishable, ix, 226-228, 258. Gandharva marriage, in, 2 1 ; affects succession to woman's property, IX, 196 ; description of, in, 32 ; permitted to whom, p. Ixxvii ; 592 LAWS OF MANU. Ill, 23-24, 26; results of, iir, 41- 42. Gandharvas, vii, 23 ; origin of, i, 37; XII, 47 ; manes of, iii, 196. Garbhadhana, rite of conception, 11, 16, 26, 142. Garden, boundaries of, vili, 262 ; selling, a crime, xi, 62. Gautama, a lawgiver, quoted, p.xxvi ; III, 16. Gautamiya Dharmajastra, pp. xviii, XX, xxiv, xxxiv, Ixv, Ixix-lxx, Ixxii, xcviii, xcix, cii, civ, cxix. Gayatri. See Savitri. Gift, acceptance of, lawful for Brah- ma«a, I, 88 ; x, 75-76, 115; but dangerous, iv, 1 86-191; from wicked or low men forbidden, III, 179; IV, 84-91; XI, 24-25, 42, 70 ; except when offered unasked or in times of distress, IV, 247-250,251-252; X, 102- 114. — made once only, ix, 47, — obligatory, iv, 31-32, 226-228; VII, 82 ; XI, 1-6. — of friends, on marriage and with honey-mixture is separate pro- perty, IX, 206. — rewards for making, lii, 95 ; iv, 229-235; vii, 83-86; XI, 23. — void, VIII, 159, 165, 168. See Resumption of gift. — worthy recipients of, iii, 96-97, 128-137, 142-143, 149, 168; IV. 31. See Liberality. Girdle, sacred of student, 11, 42-43, 64, 174. Goblins, iii, 90. See Bhutas. Gods, age of the, i, 7 1 ; creation or origin of, i, 36; iii, 201; xii, 40, 49. — daily offerings and worship, in, 70-90; IV, 152; VI, 24. — debt due to. See Debts, three. — images of, iv, 39, 130; viii, 87. See Temple. — property of, xi, 20; punishment for seizing, xi, 26. — tirtha of, II, 59. Goldsmith, impure, iv, 215, 218; XII, 6r. — punishment of fraudulent, ix, 292; of negligent, ix, 286. Goodness, quality of nature or of Self, XII, 24-26, 37-38. Goodness, conditions produced by, XII, 40, 48-50. Gosava sacrifice, xi, 75. Gosh//)i-jraddha, in, 254. Government. See King, Ministers, Officials, Police, Policy. Govindara^a, a commentator of Manu, pp. xiii-xiv, cxxvi-cxxviii. Grammar, science of, pp. 1-li. Great one, the, i, 15 ; xii, 14, 24, 50. Guardian. See Minor, Woman. Guest, definition of, in, 102, 103, no. — duty of feeding for householder, III, 70, 72-74, 80, 94, 100, 115, 118 ; IV, 29 ; by hermit, vi, 7-8. — manner of reception, iii, 99-113. — persons not to be received as, iv, 30. — quarrels with, forbidden, iv, 179, 182. See Honey-mixture. Guhyakas, xii, 47. Guilds, law of, authoritative, viii, 4 1 . Guru, definition of term, 11, 142, 149. — duty of maintaining, IV, 251-252 ; XI, I. — impurity on death of learned, v, 82. — manner of saluting, 11, 130. — reverence towards, iv, 130, 162 ; XII, 83. See Father, Mother, Teacher, &c. — adultery with wife of, a mortal sin, IX, 235 ; xi, 55; punish- ment for, ix, 237 ; in next birth, XI, 49; XII, 58. See Penance for adultery with wile of Guru. Gatakarman, birth-rite, 11, 27, 29. Gatibhrawja sins, xi, 68. See Pen- ance for Gatibhrawjakara. G/jalla caste, x, 22 ; xii, 45. Giva, XII, 13. Gyaish/Z^a, month, viii, 245. Gyesh/z^a-saman, in, 185. Hara, xii, 121. Havirbhu^ manes, in, 197. Havishmat manes, in, 198. Havishpantiya hymn, xi, 252. Hells, in, 249 ; iv, 81, 165, 197 ; ix, 138 ; xn, 16-22, 54. — enumeration of, iv, 88-90. Herdsman, food of 5udra, lawful for Brahmawa, iv, 253. — disputes from transgressions of INDEX. 593 owners of cattle and, viii, 5, 229-243. Heretics, iv, 61 ; no libations offered to dead, v, 89-90; not to be fed, IV, 30 ; to be banished, ix, 225. ■ — doctrines and books of, xi, 66 ; XII, 95-96. Hermit, dress of, vi, 6, 15; duties: must not accept anything, vi, 8; may beg, vi, 27-28; may keep sacred fire and offer sacri- fices, VI, 4-5, 7 J 9-12 ; may give up both, VI, 25; must be hos- pitable, VI, 7-8 ; must perform austerities, vi, 8, 22-24; must recite Veda and study Upani- shads, VI, 8, 29-30. ■ — food of, VI, 3, 12-21, 27-28. — may starve himself to death, vi, 31- — mode of personal purification, v, 137- — pays no toll at a ferry, viii, 407. • — produced by the quality of Good- ness, XII, 48. High-treason, punishment of, ix. 275. Himalaya, 11, 21. Hirawyakeji Dharma-sutra, pp. xx, xl, 11. Homicide, xi, 55, 57, 67. — punishment of, viii, 296 ; ix, 235. See Penance for killing. Self- defence. Honey-mixture, iii, 3, 11 9- 120; v, 41. • — present received with, is separate property, ix, 206. Horse-sacrifice, xi, 75, 83. Hospitality. See Guests. Hotr/'-priest, receives a horse, viii, 209. House, decision concerning bound- aries of, VIII, 262. Householder, duties of: marriage, 111,5-44; connubial intercourse, III, 45-50 ; treatment of female relatives, lii, 51-62; perform- ance of daily and domestic rites, III, 67-121 ; of ^raddhas, ill, 122-286. • — entrance into order, in, 2 ; iv, 1. — excellence of order of, in, 77-78 ; IV, 89-90. [25] Q Householder, livelihood of, iv, 1-12. — mode of personal purification, V, 136-137. See Occupations, Snataka. Hunter, food of, forbidden to Brah- ma«a, iv, 212. Hurt, done by carriage, viii, 290- 298. See Assault. Husband, duties of, ix, 2, 5-16, 74, 101-102. — one with wife, ix, 45-46. — inherits from childless wife, ix, 196. See Connubial intercourse, Rlarriage, Son of wife. Wife; Woman, treatment of. — power over wife, v, 147-154 ; ix, 3 ; source of that power, v, 152. Hypocrite, excluded from hospitality, IV, 30, 192-197 ; from .Sraddha, III, 159. — food of, forbidden to Brahmawa, IV, 211. — produced by Darkness, xil, 44. — sanctimonious, to be punished, IX, 258, 273. Idiot, excluded from inheritance, ix, 201. — property of, not lost by lapse of time, VIII, 148. Images, punishment for destroying, IX, 285. See Gods, images of. Impurity (Sutaka), on birth, v, 58, 61-63, 71, 77, 79- ^ on carrying out corpse, v, 64-65, 85. — on death of SapiWa, v, 58, 60, 75-77, 83-84; of teacher, v, 65, 80 ; of teacher's son or wife, v, 80; of infants, v, 67, 69; of fellow-student, v, 71 ; of un- married females, v, 72; of re- mote relative, v, 78; ofSrotriya, V, 81 ; of pupil, V, 81 ; of ma- ternal uncle, V, 8 1 ; of officiating priest, V, 8r; of maternal rela- tive, V, 81 ; of king, v, 82 ; of friend, v, 82 ; of learned Guru, V, 82. — on following corpse, v, 103. — on miscarriage, v, 66. — on touching corpse, v, 64, 85. ■ — on two deaths or births following each other, v, 79. — behaviour of mourners during, V, 73. 594 LAWS OF MANU. Impurity, exceptions to rules of, v, 89-90, 93-9^- — rite at end of period of, v, 99. — causes interruption of Veda- study, iv, 109-110, 127. — makes food of giver unaccept- able, IV, 212. Impurities of the body, v, 135. See Purification. Incantations. See Magic. Incest, XI, 59, 171. See Guru, adultery with wife of. Indivisible property. See Property. Indra, III, 87 ; iv, 182 ; v, 96 ; vii, 4, 7; viii, 344; XI, 120, 122; XII, 123. Infant, burial of, v, 68-69. — committing nuisance, ix, 283. — disqualified to be witness, viii, 66 ; exceptions, viii, 70-71 ; to sacrifice or recite Veda, li, 171- 172; XI, 36-37- — no libations offered to, v, 70. — special punishment for, ix, 230. — treatment of, iii, 114; iv, 179; viii, 312. See Impurity, Minor. Informer, excluded from Sraddha, iii, 161; food of forbidden, IV, 212 ; punishment in next life, xi, 50. See Spy. Inheritance, a mode of acquiring property, x, 115. (i) Succes- sion to male: sons, IX, 104, 156- 1575 185 ; eldest son alone, ix, 105, 108 ; unmarried daughter inherits one-fourth share, ix, 118; appointed daughter, ix, 130; son of appointed daughter, IX, 131-134,136; husband of ap- pointed daughter, ix, 135 ; son of daughter not appointed, IX, 136, 139; adopted son, ix, 141- 142; son of appointed widow or wife, ix, 120-121, 145-146, 190-191; six kinds of subsidiary sons, IX, 158 ; among subsidiary sons each better one inherits before the rest, ix, 165, 184 ; illegitimate son of 5udra, ix, 179; father and brothers, ix, 185; Sapiwd'as, Sakulyas, teacher and pupil, ix, 187; learned Brahmawas, ix, 188-189; the king, IX, 189 ; children of eunuch, &c., ix, 203 ; son born after partition, ix, 216 ; mother and paternal grandmother, ix, 217. (2) Succession to fe- male: son, IX, 104, 192, 195; daughter, ix, 192, 195 ; un- married daughter, ix, 131; daughter of Brahma;zi wife, ix, 198 ; daughter's daughter, ix, 193 ; husband, ix, 196; mother and father, ix, 197. (3) Suc- cession to reunited coparcener, IX, 2 10-2 1 2. (4) Exclusion from inheritance, ix, 143-144, 147, 201, 213 (?), 214; XI, 185-186. Initiation, a second birth, 11, 148, 169-170. — description of, 11, 36-47. — neglect of. See Penance for neglect; Vratya. — second, xi, 147, 151-152. Injury to living beings, excludes from Sraddha, lii, 164. — forbidden, iv, 148, 170, &c.; par- ticularly to ascetics, vi, 39, 46, 52, 68-69, 75. See Animals. Institutes of dialectics. See Dia- lectics. — of the sacred law. See Dharma- jastra. — of science, iv, 19-20. Interest, kinds and rate of, p. xxix ; VIII, 140-143, 150-155, 156 note, 157. Judge, takes king's place on the bench, viii, 9, 11; must be a Brahma7/a, never a Sijdra, viii, 9, 20-21 ; must be just, viii, 12-19; if unjust, to be fined, IX, 234; behaviour in court, VIII, 23. Judicial procedure, pp. xcix, ciii ; constitution of the court, viii, 1-2,9-12,20-23; eighteen titles of the law, viii, 3-7 ; decisions to be just, viii, 12-19; suits to be heard according to the order of plaintifPs caste, viii, 24 ; law of castes, families, &c., authori- tative, viii, 41-42, 46; lawsuits not to be begun or hushed up by king or his servants, viii, 43 ; causes of failure of suits, viii, 53-58; method of judicial in- vestigation : inferences from facts, VIII, 25-26, 44-46, wit- nesses, Vlli, 45, 52-55, 61-108, INDEX. 595 1 1 7- 1 2 3, oaths, viii, 109-113, ordeals, viii, 11 4- 11 6, special trial in disputes regarding de- posits, VIII, 182-184; punish- ments, degrees of, viii, 124- 130; technical names of metal- weights or coins, viii, 131-137 ; three degrees of fines, viii, 138 ; void legal transactions, viii, 163-168; fines, how paid, ix, 229; reversal of unjust decisions by king, ix, 234; thief to be executed only, if taken ' in fla- granti,' IX, 270. See Parishad. Kaivarta caste, x, 34. Kalasutra hell, in, 249 ; iv, 88. KaH age, i, 85-86; ix, 301-302. Kalpa, a vedanga, p. xxvi^; ^11, 140. Kamadhenudipika of Naraya«a, p. cxxx. KamandakiyaNitisara, quotes Manu, pp. xxxvi-xxxvii. Kambo^a caste, pp. cxiv, cxvii ; x, 44- . ^ Kanina. See Son of unmarried daughter. Karawa caste, x, 22. Karavara caste, x, 36. Karshapawa, value of, viii, 136. Karusha caste, x, 23. Kajyapa, ix, 129. Ka//Aaka Dharma-sutra, pp. xxi,xxiii; quotation from p. xxi, note. Ka/-6aka school, pp. xv, cxxiv. Katyayana-smriti, p. ex. Katyayaniya Dharma-sutra, p. cxix. Kavi, father of manes, in, 198; son of Ahgiras, 11, 151-154. Kejanta rite, clipping the hair, li, 65. Khasa caste, x, 22. Khila texts, in, 232. King, cannot be made a witness, VIII, 65. — duties of : to protect and not to oppress subjects, vii, 2-3, 35, 80, 88, 111-112, 142-144; viii, 172, 303-309; IX, 253; x, 80, 119; to punish the wicked, vii, 14-34; VIII, 302-303, 310-311, 335,343-347; IX, 2.52-293, 312; to honour, support, and make gifts to learned Brahmawas, VII, 37-38, 79, 82-86, 88, 134- 136, 145; VIII, 395; IX, 313- 323; xi,4, 21-23; tobehumble, p. cxiii ; vii, 39-42 ; to study the Veda and sciences, vii, 43; to shun the eighteen vices, vii, 44- 53 ; to appoint ministers, vii, 54-58 ; and other officials, vii, 59-68, 80-81, 114-126; toselect a residence and to build fortress, VII, 69-76 ; to wed a queen, VII, 77 ; to appoint a domestic and officiating priests, vii, 78- 79 ; to fight bravely and honour- ably, VII, 87-95, 184-200; x, 119; distribution of booty, vn, 96-97 ; to make conquests, vn, 99-100, 201-203 ; IX, 251 ; X, 115, 119; to settle taxes and duties, VII, 127-133, 137-140; X, 118, 120; to sacrifice, vn, 79, 145 ; to give audience, vn, 145-146, 223 ; to consult re- garding state affairs and to follow the principles of Niti, VII, 146-183, 205-216; IX, 294- 299 ; to inspect army, vn, 222 ; to decide lawsuits either per- sonally, VIII, 1-8; IX, 233-234, or through judge, viii, 9-10; to be just, VIII, 18-19, 126-129, 170- 175; IX, 249; to protect minors and women, vin, 27-29 ; to deal with found property, viii, 30-34; and with treasure-trove, VIII, 35-39 ; to restore or make good stolen property, viii, 40- 44; to uphold law of castes, &c., VII, 203; VIII, 41-42, 46; not to begin or hush up lawsuits, VIII, 43 ; to settle rates of sale, VIII, 401-402; to have weights and measures examined, viii, 403 ; to avoid taking property of men guilty of mortal sins, IX, 243-247; to be active and energetic, ix, 301-31 1 ; to seek death in battle, ix, 323. King, food of, forbidden to Brah- mawa, iv, 218. — gifts of wicked, not to be ac- cepted, IV, 84-91. — impurity of, causes interruption of Veda-study, iv, no. — impurity on death of, v, 82. — incarnation of eight deities, v, 96 ; VII, 4-7. — majesty of, vn, 8-13. — never impure, v, 93-94, 97* Q q 2 59^ LAWS OF MANU. King, offences by, viii, 336. • — receives the honey-mixture, in, 119-120. — receives sixth part of subject's demerit or merit, viii, 304-305 ; of Brahmawa's merit, xi, 23. — recreations allowed to, vii, 216- 217, 224-225. ■ — service under, forbidden to Brah- ma;/a. III, 64, 153. — shadow of, not to be trod on, iv, 130. — ' iSudra, IV, 61. See Edicts, High- treason, Kshatriya, Vassals. Kirata race, x, 44. Kratu, a Pra^apati, i, 35- KrikiirA, or hard penance, v, 21; XI, 106, 125, 140, 159, 163, 178, 192, 198, 209. — description of, xi, 212. K;7sh«ala, value of, viii, 134-135. Kr/ta age, l, 81, 83, 85-86; ix, 301- 302. Krita. See Son, bought. Kr/trima. See Son, made. Kshatriya caste, and Brahmawa, 11, 135; IV, 135-136; IX, 313-322. • — causes of degradation of, x, 43- 45- — duties and occupations, i, 89 ; x, 77-79, 115; in battle, VII, 87- 95, 144; in times of distress, VIII, 411-412; X, 83, 95, 117; punishment of neglect of, in next life, xii, 71, — guilt of, in case of theft, viii, 337. — killing man of, xi, 67. See Penance for killing. — manes of, in, 197. — not a guest, but to be fed, in, I lO-II I. — origin of, I, 31, 87 ; xii, 46. — punishment for adultery, viii, 375-3775 382; for defamation, VIII, 267, 269, 276. — special rules, of administration of oath, VIII, 113; of burial, V, 92 ; of examination as witness, viii, 88 ; of impurity, v, 83, 99 ; of initiation, 11, 36-38, 41-42, 44- 46 ; of Kejanta, 11, 65 ; of mar- riage, III, 44 ; of naming, 11, 31- 32 ; of purification, li, 62 ; of saluting, II, 127 ; of studentship, II, 49, 190. — wives permitted to, in, 13-14. See King, Sons by wives of several castes. Kshatriyas, seniority among, 11, 155. Kshatriya, female, punishment for adultery with, vill, 382-385. Kshattri caste, x, 13, 19, 26. — occupations of, x, 49. — origin of, x, 12, 16. Kshetra^a. See Son, begotten on widow of wife. Kshetra^;^a, xii, 13-14. Kubera, v, 96 ; vii, 4, 7, 42. Ku'/mala hell, iv, 89. Kuhu, goddess, in, 86. Kukkumka caste, x, i 8. Kuliukabha^a, a commentator of Manu, pp. xiv-xvii, xxv, c, ex, cxi, cxxi, cxxxi-cxxxii. Kumarilabha//«,pp.cxxi-cxxii; Add. and Corr. p. 613. Kurus, plain of, li, 19; vii, 193. KushmaWa texts, viii, 106. Kutsa, hymn of, xi, 250. ^aitra, month, vil, 182. ^akshusha Manu, i, 62. Kundala. caste, in, 92, 239; iv, 79; V, 131; IX, 87; X, 108; xn, 55. • — castes descended from, x, 26-31, 37-39- — intercourse with female of, pen- ance, XI, 176 ; punishment, VIII, 373- ■ — origin of, x, 12, 16. — position and occupations of, x, 51-56. — purification on touching, v, 85. iTandrayana, or lunar penance, v, 20 ; VI, 20 ; XI, 41, 107, 155- 156, 164, 172, 178. — description of, xi, 217-226. iifara«a, demigods, xn, 44. ^aturmasya-sacrifices, iv, 26 ; vi, 10. A'Mndogya-upanishad, pp. Ix-lxi. A'ina race, x, 44. Koda race, x, 44. Kuclakarma.n, tonsure, n, 27, 35 ; v, 58, 67. KuH^u. caste, x, 48. Land, false evidence concerning, VIII, 99, 263. — wrongful appropriation of, xi, 58. Languages, of Mle^-^/^as and Aryans, X, 45 ; various, of men, ix, 332. Law, eighteen titles of, vin, 3-7. INDEX. 597 Law, institutes of. See Dharma- jastra. — manner of investigation of, xii, 105-106. — of castes, families, &c., viii, 41- 42, 46. — settlement of doubtful points, xir, 108-115. — sources of, li, 6-25. — special schools of, pp. xlix, li-lvii. — the tenfold, vr, 91-93. See Dharma. Lawsuits. See Judicial procedure. Learning, property acquired by, ix, 206. Leather-cutter, impure, iv, 218. Lending money, occupation of Vai- sya, I, 90 ; ix,^326; x, 115. — permitted to Brahmawa and Ksha- triya in times of distress, x, 117. See Debt, Interest, Usury. Libations to the dead, v, 69-70, 88- 90 ; to the manes, 11, 176 ; in, 70, 74, 81-82, 283 ; VI, 24. Liberality, duty of, i, 86 ; ix, 333 ; X, 79. — destroys guilt, xi, 228. See Gift. Liberation, final, vi, 36-37, 42, 44, 74, 75, 78-81, 85; XII, 83-104. Li/J/^/jivi race, x, 22. Limitation, law of, viii, 145-149. Livelihood, various means of, p. Ixviii; iv, 2-13. See Occupa- tions. Logician, member of Parishad, xii, I II ; not to be entertained as guest, IV, 30. LohaHraka hell, iv, 90. Lohajanku hell, iv, 90. Lunar penance. See Kandra.ys.na.. Madanapala, prince of Kash/Z^a, pp. cxxiv-cxxv. Madgu caste, x, 48. Madhuparka. See Honey-mixture. Madhyadeja, boundaries of, 11, 21. Madman, excluded from inheritance, IX, 201, from 5raddha, III, 161. — special punishment for, ix, 230. Magadha caste, x, 26. — occupation of, x, 47. — origin of, x, 11, 17. Magic, practice of, an Upapataka, XI, 64 ; punishable, ix, 258, 290; permitted to Brahma«a, xi, 31- 34. Mahabharata and Manu's laws, pp. xiv, xvi, xxxviii, Ix, Ixii-lxiii, Ixxiv-xcii, xcvii-xcviii, evil. Mahanaraka hell, iv, 88. Mahapataka, mortal sin, enumera- tion of, IX, 235 ; XI, 55 ; punish- ments for, IX, 236-242. See Brahmawa, offences againrt; Drinking spirituous liquor ; Guru, adultery with wife of; Theft of gold. Maharaurava hell, iv, 88. Mahavi/^i hell, iv, 89. Mahitra hymn, xi, 250. Maintenance, allowed to outcast women, xi, 189; to subsidiary sons, IX, 163 ; to those excluded from inheritance, ix, 202. Maitrayawa - brahma«opanishad, pp. xliv-xlv. Maitrayawiya school. .See Manava school. Maitreyaka caste, x, 33. Malavaha sins, xi, 71. See Penance for. Malla caste, x, 22 ; xil, 45. Manava Dharmajastra, traditional account of origin of, pp. xii- xviii ; i, 58-60, 102, 119; xi, 244. — recast of a Dharma-sutra, pp. xviii-xlv. — composed by a special law-school, pp. xlvi-Ivi. — causes of sanctity of, pp. Ivi- Ixv. — old and modern parts of, pp. Ixvi- Ixxiii. — sources of modern parts, pp. Ixxiv-xcii. — successive recasts of, pp. xcii- xcviii. — antiquity and date of, pp. xcix- cxviii. — commentaries on, pp. cix-cxxxvi. — by whom to be studied, i, 103 ; II, 16 ; to be taught, i, 103. — rewards for studying, i, 104-106. — contents of, i, 111-118, agree with Veda, 11, 7. — secret portion of, xii, 107. Manava-sawhita, astrological, pxcvii. Manava Dharma-sutra, quoted, pp. xv-xxiii, xxx-xxxii, xxxv, xxxvii. Manava G/vhya-sutra, pp. xxxix-xl, ■ xciii. 598 LAWS OF MANU. Manava school, pp. xviii, xxxvii, xlv ; works of, p. xli. Manava 5raddhakalpa, pp. xl-xliv. ManavaHrya, p. Ixiii. Mandapala, a sage, ix, 23. Manes, Bali-offering for, iir, 91. — classes and origin of, i, 37; iii, 194-201, 284; XII, 49. — day and night of, i, 66. — debt due to, iv, 257. — libations to. See Libations. — sacrifices to. See 5raddha. — tirtha of, II, 59. Mantrasawhita, iv, 100. See Sa.m- hita. Manu, descended from Brahman, pp. xii, Ivii; i, 33, 63; vi, 54. — etymology of the name, p. xiv. — identified with Brahman, pp. xiii, Ivii ; XII, 123. — king, pp. xiii, Iviii-lix ; Vll, 42. — lawgiver, pp. xiii-xviii, Ixi-lxii ; I, 1-4, 58, 102, 119; II, 7. — Pra^apati, p. Ivii ; i, 34 ; ix, 17. — other myths regarding, pp. Ivii- Ixiii. — quoted in the Manava Dharma- j-astra, iii, 222 ; iv, 103; v, 41, 131; VI, 54; VIII, 124, 139, 168, 204, 242, 279, 292, 339 ; IX, 158, 182-183, 239 ; X, 63, 78. Manus, seven, i, 36, 61-63. Manva/^arya, p. Ixiii. Manvantara, period of a Manu, i, 79-80. Margajirsha, month, vii, 182, Margava caste, x, 34. MarUi, a Pra^apati, i, 35, 58; lii, 195- Markawrt'eya, author of a recast of Manu's laws, pp. xvii, xcv. Marriage, expenses of first, may be obtained by begging, xi, i, 5. — forbidden degrees and impedi- ments, iii, 5-9, 11 ; XI, 172-173. See Outcasts. — intermarriage between different castes, III, 12-19, 43-44, 64. See Sons by wives of several castes ; Wives of several castes. ■ — present received on, is separate property, ix, 206. — punishment for substitution of another bride, viii, 204. — results of low, iii, 63. - — rites, pp. xxxix note, Ixxvii-lxxviii ; description, iii, 20-42, 51-54; affect succession, ix, 196-197. Marriage, second, of widows, forbid- den, V, 161-164 ; IX, 65 ; of vir- gin widows permitted, IX, 69-70, 176. See Woman, re-married. — suitable ages of men for, ix, 94 ; of women, ix, 4, 88, 90-94. — when complete, viii, 227. — with sacred texts for virgins, viii, 226. — the Vedic sacrament of women, 11,67. See Betrothal, Husband ; Wife, repudiation and super- session. Maruts, iii, 88; xi, 120, 122, 222. Masha, value of, viii, 134. Maternal aunt, 11, 50, 131. Maternal grandfather, entertained at 6'raddha,iii,i48. See Daughter's son. Maternal uncle, entertained at 5rad- dha. III, 148, — impurity on death of, v, 81. — manner of saluting, 11, 130. — quarrels with, forbidden, iv, 179, 183. — receives the honey-mixture, iii, 119, Maternal uncle's wife, 11, 131. Matsya-purawa, p. cxi. INIatsyas, a tribe, 11, 19 ; vil, 193. Measures, examined by the king, VIII, 403. Meat, allowed to be eaten, v, 16, 18, 22-2' 27' •33,36, 39-42. — forbidden to be eaten, iv, 2 1 3 ; v, 7, 11-15, 17-18, 34, 36-38, 43-56. — sale of, disqualifies for 5raddha, III, 152 ; forbidden toBrahmawa, x, 88. Medhatithi, a commentator of Manu, pp. xiii -xvii, xcv, cvii-cviii, cxviii-cxxvi. Merchants. See Traders. Mimawsa, pp. xlvii, lii, cxix. INIunawsaka, member of Parishad, XII, III. Ministers, royal, ix, 294. ■ — • chief of, tobeaBrahma«a,vii, 58; takes king's place, vii, 141, 226. — consultations with, vii, 56-59, 146-216. — number of, p. xxxvii ; vii, 54. — punishment of, for unjust deci- sions, IX, 234. See Officials. INDEX. 599 Minor, cannot make a contract, viii, 163. — property of, not lost by lapse of time, VIII, 148-149; protected by king, viii, 27. See Infants. Mischief, punishment of, viii, 285, 288-289 j i-^) 279, 281, 285, 289, 291. Miser, food of, forbidden to Brah- mawa, iv, 210. Mitra, deity, xii, 121. MIe>^/^/'as, barbarians, il, 23; x, 45. Monopoly, royal, viii, 399. Mortal sin. See Mahapataka. Mortgage, viii, 165. Mother, begging from, ir, 50. — forsaking, a crime, in, 157; xi, 60; punishment for, Vlll, 389. — impurity of, on birth, v, 62. — inherits from daughter, ix, 197; from son, ix, 217. — punishment for defaming, viii, 275- — reverence towards and venerabi- lityof,ii, 145, 225-237; IV, 162, 180, 183. See Daughter, Son. Mother's sister, 11, 133. Mother-in-law, il, 131. Mrita, alms, IV, 4-5. Murder. See Homicide, Penance for killing. Musician, food of, forbidden, iv, 210. Muttered prayers, efficacy of, 11, 85- 87. See Veda-study, private. Nagas, snake-deities, i, 37 ; lii, 196 ; VII, 23. Nahusha, a king, vii, 41. Nairukta, pp. xxvi, Ivii ; xil, iii. Nakshatresh/i sacrifice, vi, 10. Namadheya, rite of naming child, 11, 30-33^; V, 70. Nandanay^arya, a commentator of Manu, pp. cxxxiii-cxxxv. Narada, a Pra^apati, i, 35. Narada-smr/ti, pp. xv, xvii, xcii, xcv- xcvi, ci-cii, civ, cvii, cxii, cxxii. Naraya«a, commentator. See Sar- va^;7a-Naraya«a. Narayawa, deity, i, 10. Na^a caste, x, 2s ; xii, 45, Nemi, a king, vii, 41. Nigama, iv, 19. Nirr/ti, deity, xi, 105, 119. Nirukta, pp. xxvi, 1; xiij iii. Nishada caste, descendants of, x, 1 8, 34, 36-37, 39- — food of, forbidden to Brahmawa, IV, 215. — occupation of, x, 48. — origin of, X, 8. Nishka, value of, viii, 137. Nishkramawa, first leaving the house, II, 34. Niti. See Policy, royal. Niyoga. See Appointment of widows; Son begotten on widow or wife. Non-payment of wages. See Wages. Non-performance of agreements, VIII, 5, 218-221. Nuisance, punishment for commit- ting, IX, 282-283. Nuptial fee, julka, viii, 204 ; ix, 100. See Daughter, sale of. Oath, administered in doubtful cases, VIII, 109 ; in boundary disputes, VIII, 256. ■ — formerly sworn by gods and sages, VIII, no. — manner of swearing, viii, 113- 114. — sanctity of, viii, in. See Per- jury. Occupations, of four castes, i, 88-9 1 ; X, 74-80; in times of distress, X, 81-117. See Brahmawa, Kshatriya, 5udra,Vaijya. — of higher caste never to be adopted by lower, x, 95-96. ■ — of mixed castes, x, 32-39, 47- 52. — pursuit of forbidden, punishable, IX, 225 ; results of, iv, 30. See Penance for forbidden occupa- tions. Officials, royal, appointment and classes of, vii, 60-68, 80-81, 114-121. — punishment of corrupt, vii, 123- 124; VIII, 34; IX, 231, 259; of negligent, ix, 272. • — supervised by spies, vii, 122. Officiating priest, definition of term, II, 143. — entertained at Sraddha, in, 148. — impurity on death of, v, 81. — manner of saluting, 11, 130. — payment of fees to, VIII, 206-210; XI, 38-39. 6oo LAWS OF MANU. Officiating priest, punishment of, for forsaking sacrificer, vill, 388. — punishment of sacrificer for for- saking, VIII, 388. — quarrels with, forbidden, iv, 179, 182. — receives the honey-mixture, ill, 119. — to be chosen by king, vii, 78. Oilman, impure, in, 158 ; iv, 84-85. Om, syllable, vi, 70 ; xi, 249. — is a secret Veda, xi, 266. — origin of, 11, 76. — pronounced in beginning recita- tion of Veda, 11, 74-75. — sanctity of, 11, 83-84. Ordeals, pp. ci-cii. — by fire and water, viii, 114-116. Orders, four, vi, 87-88. — comparison of, in, 77-78 ; vi, 89- 90. — disputes regarding duties, how settled, viii, 390-391. — duties of all, vi, 91-93. See Ascetic, Hermit, Householder, Student. Organs, enumeration of, ll, 90-92. — deficiency in, disqualifies for i'raddhas, ill, i6r, 177-178, 242 ; excludes from inheritance, ix, 201. — duty of restraining, 11, 88, 92- 100; IV, 246; V, 105; VI, 4, 52, 60, 72, 92 ; X, 63, &c. Outcast, associating with, forbidden, III, 150, 157; IV, 79, 213; IX, 238-239; XI, 185, 190; amortal sin, XI, 55 ; punishment for, in next life, xii, 60. See Penance for associating with outcast. — food laid on the ground for, iii, 92. — marriage with daughter of, li, 238, 240 note. — purification on touching, v, 85. — treatment of female, xi, 189. See Abhijasta ; Caste, exclusion from, readmission into. Pahlava race, pp. cxiv-cxvii ; x, 44. Paija/(-a marriage, iii, 21. — description of, HI, 34, — forbidden, pp. Ixxvii-lxxviii ; iii, 23, 25. — results of, iii, 41-42. Pakaya^was, 11, 86, 143 ; xi, 119. Pala, value of, viii, 135. Pawa, value of, viii, 136. Pa/zrt'usopaka caste, x, 37. Pa;7/^agavya, the five products of the cow, XI, 166. Pa;7>{'alas, a tribe, ll, 19 ; vii, 193. Pahktidusha«a, defiler of a company, III, 150-182. — penance for, xi, 201. Panktipavana, sanctifier of a com- pany, III, 183-186. Parada race, x, 44. Parajava caste, x, 8 ; son, ix, 178. Parents. See Father, Mother. Parishad, legal assembly, p. Hi ; xii, 108-115. Parivett/-/. See Brother, younger, marrying, &c. Parivitta. See Brother, elder, mar- rying, &c. Partition, made after parents' death, IX, 104, or by father, ix, 215; meritorious, ix, iii. — once made final, ix, 47. — between brothers legitimate, of equal caste, ix, 104, 156-157; shares, ix, 112-119, 213. — between younger brother and son begotten on widow of elder, ix, 120. — between sons ofelder and younger wives, IX, 122-126. — between twins, ix, 126, — between son and appointed daughter, ix, 134. — between sons of wives of different castes, IX, 148-155. — between legitimate and subsidiary sons, IX, 162-165. — between sons by different fathers, IX, 191. — of acquisitions by brothers, ix, 204-208, 215. — of property of reunited copar- ceners, IX, 210-212. — of property afterwards disco- vered, IX, 218. See Inherit- ance ; Property, indivisible, self- acquired of father ; separate of sons. Partners. See Concerns among, Parva-days, III, 45; IV, 150, 153. Pasture-ground, around villages and towns, VIII, 237. — indivisible, ix, 219, Pata«^ali, pp. li-lii, cxii. INDEX. 60 1 Paternal aunt, manner of saluting, II, 131,133. . — grandmother, inherits, ix, 217. — uncle, manner of saluting, 11, 130. Pathin hell, iv, 90. PauWraka race, x, 44. Pavamani texts, v, 86 ; xi, 258, Pavitra, means of purification, vi, 41. Penance, for adultery with Guru's wife, XI, 104-107 ; with other women and for other carnal offences, xi, 171-179. — for Apatrikarawa sins, xi, 126. — for associating with outcasts, xi, 180-182. — for bite of impure animals and men, xi, 200. — for breach of student's vows, 11. 181,187,220-221; XI, 119-124, 158-159. — for casting of supph'cant, xi, 199. — for cutting or destroying plants, XI, 143, 145. — destroying embryo of Brahma«a, XI, 88. — for drinking spirituous liquor, xi, 91-99, 147-152. — for eating forbidden food, iv, 222 ; V, 20-21 ; XI, 153-162, — for false evidence, viii, 105-106 ; XI, 89. — for following forbidden occupa- tions, XI, 193. — for Gatibhrawjakara sins, xi, 125. — for improperly divulging Veda, XI, 199. — for injuring living beings, vi, 69. — for killing Brahmawa, xi, 73-87, 90; menstruating Brahma«i, XI, 88; friend, xi, 89; Kshatriya or Vaijya engaged in sacrifice, XI, 88; wife, xi, 89; cow, xi, 127- 130; 5udra, xi, 127, 131; various animals, xi, 132-134, 135-138, 140-142, 144; eunuch, xi, 134; adulterous women, xi, 139, for Malavaha sins, xi, 126. for neglecting duties of Snataka, XI, 202-204; initiation, XI, 192; sacred fire, xi, 41 ; twilight de- votions, II, 220-221. for offences against teacher, xi, 89. 109-117; Kshatriya, xi, 129 ; Vaijya, xi, 127, Penance, for performing forbidden sacrifices, xi, 198. — for performing obsequies of a stranger, XI, 198. — for Sawkarikarawa sins, xi, 126. — for secret sins, xi, 248-266. — for swallowing ordure, &c., xi, 151. — for teaching and sacrificing for wicked men, x, iii ; xi, 194, 198-199, — for theft of deposit, xi, 89 ; of gold, XI, 100-103 ; of other property, XI, 163-170, — for those excluded from social repasts, xi, 201, — for threatening, striking, or hurt- ing a Brahma^a, xi, 205-209, — for unlawfully accepting gifts, x, III ; XI, 194-195, 198. — for Upapataka sins, xi, 118, Penances, description of various, xi, 212-247, — how imposed, Xl, 86, 210, — necessity of and reasons for per- forming, XI, 44-47, 54- — not to be performed under the pretence of vows, iv, 198, — vicarious for punishments, ix, 235, 240-242, Perjury, equal to drinking spirituous liquor, xi, 57, — permissible in certain cases, viii, 103-105, 112, — punishments for, viii, 119-123, 257, 263. — suborner to, excluded from Srad- dha. III, 158, See Oath, Pen- ance for perjury. Witness, Phalguna, month, vii, 182, Physician, impure, iii, 152, 180; iv, 212, 220, — unskilful, punished, ix, 259, 284. Pija/^as, III, 141 ; v, 50 ; xi, 96 ; xii, 57. — origin of, I, 37, 43 ; xii, 44. Pitrimedha, V, 65, Pledge, VIII, 143-145, 149, 150. Pole, punishment for destroying, ix, 285, Police, patrols and stations, where to be placed, vii, 114; ix, 264- 266, Policy, royal, four expedients of, VII, 159. 602 LAWS OF MANU. Policy, royal, six measures of, vii, 160-215. — theory of, ix, 294-300. Possession without title no proof of ownership, viii, 200. See Limitation, law of. Pra^apati, the lord of creatures, 11, 76-77, 84, 226; IV, 225, 248; V, 28; IX, 46, 327 ; XI, 244; XII, 121. — horse sacred to, xi, 38. — ishn sacred to, vi, 38, — oblation to, ill, 86. — penance revealed by. See Kri^- khr'd penance. — sacrifice of, v, 152. — world of, IV, 182. Pra^apatis, I, 35; XII, 50. Pra^'apatya marriage, iii, 21. — alfects succession to women's property, ix, 196. — description of, in, 30. — permissibility of, iii, 23-24. — results of, iii, 38-40, 42. Pra^etas, a Pra^apati, i, 35. Pramr/ta, agriculture, iv, 4-5. Prawayama, suppression of breath, ll, 75; VI, 69-71; XI, 200, 202, 249. Pratilomas. See Castes, mixed. Praushi'/japada, month, iv, 95, Prayaga (Allahabad), 11, 21. Pretas, iii, 230; xii, 59, 71-72. Prices of merchandize, fixed by king, VIII, 401-402. Priests. See Adhvaryu, Brahman, Domestic priest. Officiating priests, Udgatr/. Primogeniture. See Son, eldest. Prisoner, excluded from S'raddha, III, 158. — food of, forbidden to Brahmawa, IV, 210. Prisons, where to be placed, ix, 288. Prithu, a king, vii, 42 ; IX, 44. Property, acquisition of, ix, 44 ; seven modes of, x, 115. ' — indivisible, ix, 200, 219. — lost and found, viii, 30-34. — self-acquired, of father, ix, 209. — separate, of sons, ix, 206. — stolen, to be restored or made good by king, viii, 40. See Limitation ; Minor, Woman, property of. Prostitute, food of, forbidden to Brahma«a, iv, 209, 219. Prostitute, to be punished, ix, 259. Publican, food of, forbidden to Brahmawa, iv, 216. — to be banished, ix, 225. Pukkasa caste, iv, 79; x, 38; xii, 55. — occupation of, x, 49. — origin of, X, 18. Pulaha, a Pra_§-apati, i, 35. Pulastya, i, 35; in, 198. Pulkasa, varia lectio for Pukkasa. Punarbhu. See Woman remarried. Punishment, degrees of, viii, 129- 130, 310. — places for inflicting, viii, 124- 125. — purifies offender, viii, 318. See King, duties of. Pupil, impurity on death of, v, 81. — inherits, ix, 187. — may be asked for money, iv, 33. — may be beaten, iv, 164; viii, 299-300. — who may become, 11, 109-115. See Student, Teacher. Pura«a, value of, viii, 136. Purawas, pp. xvi, Ixv, xci ; in, 232. Purchase, one of the modes of ac- quiring property, x, 115. See Rescission of sale and purchase. Sale. Purification, of persons, 11, 53; v, 85-87, 134-145. See Sipping w^ater. — means of, v, 105-109, 127-128; of ascetic, vi, 41. — of things, v, 111-126. Purohita. See Domestic priest. Purusha, the Male, i, 11, 19; vii, 17 ; XII, 122. — hymn, addressed to, xi, 252. Pushpadha caste, x, 21. Pushya-day, iv, 96. Put hell, IX, 138. Piitimrittika hell, IV, 89. Qualities, three, of nature or of self, I, 15; XII, 24-50. Ra^as. See Activity. Raghavananda, commentator of INIanu, pp. xiii, c, cxxxii-cxxxiii. Rahasya, secret portion of the Veda, n, 140, 165. See Upanishad. Raivata IVLinu, i, 62. Rakshasa marriage, in, 21. ■ — description of, in, 33. INDEX. 603 Rakshasa, permissibility of, pp. Ixxvii- Ixxviii ; iii, 23-24, 26. — results of, iii, 41-42, Rakshasas, iii, 170, 204, 230, 280; IV, 199; VII, 23, 38; XI, 96. — manes of, iii, 196. — origin of, I, 37, 43 ; xii, 44. Rape, punishment of, viii, 364, 378. Raurava hell, iv, 88. Receivers of stolen goods, ix, 278. Repentance, removes guilt, xi, 228, 230-232. Repudiation. See Wife. Rescission of sale and purchase, vill, 5, 222-228. Resumption of gifts, viii, 4, 212-214. Reunited coparceners, ix, 210-212. Rig-veda, 11, 158; iii, 131,142, 145; IV, 124; XI, 262-265; XII, 112. — origin of, i, 23. — passages quoted from, li, i8r ; v, 86; viii, 106; XI, 250-258, 260-261. iJ/g'isha hell, iv, 90. Rishis. See Sages. Rita., gleaning corn, iv, 5. Robbers, manner of discovering, ix, 261-269. Robbery, viii, 6. See Violence. — definition of, viii, 332. — punishment of, ix, 275-276, 280 ; of those who give no assistance in cases of, ix, 274. Rogues, classes of, ix, 257-260. — duty and manner of discovering and punishing, ix, 252-255, 261- 293. Rudra, hymn to, xi, 255. Rudras, ill, 284; xi, 222. Sacraments, for males, 11, 26-47 ; for females, 11, 66-67. — not allowed to mixed castes, x, 68; nor to Rudras, X, 126. Sacred fire, kindling, rule for. III, 67 ; neglect of, xi, 66. • — neglecting or extinguishing, ill, 153; XI, 60. See Penance for. — offerings to, li, 108, 176, 186-187; IV, 145-146; VII, 145. See Agnihotra. — repositing in oneself, vi, 25, 38. — reverence shown towards, iv, 58. See Fire, reverence to. Sacred fires, keeper of five, sanctifies company, ill, 185. Sacrifices, not to be performed by fools, infants, women, &'c., 11, 171-172; IV, 205-206; XI, 36- 37- Sacrifices, great daily, enumeration of. III, 70-74- — description of, iii, 81- 121, — duty of performing, for house- holders, III, 75-80, 93; IV, 21- 24 ; for hermits, vi, 5. — reason for performing, iii, 68-69. — remove guilt, xi, 246. Sacrifices, forbidden, iii, 151, 164; IX, 290; XI, 64. See Penance for performing forbidden sacri- fices. Sacrifices, 5rauta, 11, 28. See Sattra, Soma-sacrifices. — duty of performing, IV, 25-28 ; by a king, VII, 78-79- — forbidden to eunuchs, women, &c., IV, 205-206; to poor men, XI, 38-40. — initiation to, a third birth, 11, 169. — materials for, may be taken by force, XI, 11-15; not to be begged from Sudras, xi, 24. — property destined for, is indi- visible, IX, 219; seizing such property, xi, 26. — person initiated for, il, 128 ; iv, 130, 210; VIII, 360. See Pen- ance for killing. — substitute for, xi, 27-30. Sacrificer, produced by Goodness, XII, 49. — punishment for forsaking, viii, 388. Sacrificial fee, due, must be given, XI, 38-40. — payment and distribution of, viii, 206-210. Sacrificial string (thread), 11, 44,63- 64, 174; IV, 36. Sacrificing for oneself, duty of, i, 88-90; X, 75, 77-78. Sacrificing for others, occupation of Brahmawa, i, 88 ; x, 75-76. — for unworthy men, forbidden, III, 65 ; XI, 60 ; permitted in times of distress, x, 103, 109-111. See Penance for teaching and sacrificing for wicked men ; 5udra, sacrificing for. Sadhya, deities, i, 22; iii, 195; xi, 29; XII, 49. 6o4 LAWS OF MANU. Sages, or great sages, address Manu, I, 1-4; Bhr/'gu, V, 1-2; XII, I. — debt due to. See Debts, the three. — fathers of the manes, in, 201. — origin of, i, 34-36 ; xii, 49. — worship of, 11, 176. Sagotra relative, ix, 190. Sahasa. See Violence. Sa.hocIb?i. See Son of pregnant bride. Sairandhra caste, x, 32. Sakakola hell, iv, 89. Sakulya relative, ix, 187. Sale, forbidden of adulterated goods, VIII, 203 ; of children, xi, 62 ; of daughter, see Daughter ; of gar- den, tank, &c., XI, 62 ; of wife, IX, 46 ; XI, 62. — forbidden to Brahmawa, various goods. III, 152, 159; X, 86-94; XI, 63. — fraudulent, forbidden, viii, 203 ; void, VIII, 165. See Trader. Sale without ownership, viii, 4, 197- 202. Saluting, duty of, 11, 117, 120-121; IV, 154. — various modes of, 11, 122-137, Saman, xi, 265. See Gyesh//^asa- man, Sama-veda. Samanodaka relative, xi, 183. — definition of term, v, 60. — impurity on birth or death of, y, 64, 71, 74, 78. Samavartana, student's rite on re- turning home, II, 108; III, 4. Sama-veda, i, 23; iii, 145; iv, 123- 124 ; XI, 263 ; XII, 112. Sawdhya worship. See Twilight devotions. Sawghata hell, iv, 89. Saw^ivana hell, iv, 89. Sawhita of Veda, xi, 78, 201, 259. See Mantrasawhita. Sawkarikara«a sins, xi, 69. See Penance for. Sampratapana hell, iv, 89. Sawskaras. See Sacraments. Sawtapana Kriiibra penance, v, 20 ; XI, T25, 165, 174. — description of, xi, 213. SapiWa relative, 11, 247; xi, 183. — begetting son with widow of SapiWa, IX, 59, 147, — definition of term, v, 60 ; another definition, ix, 186. SapiWa, impurity on birth or death of,v, 58-59, 61-64, 67-70, 72-79, , 83-84. — inherits, ix, 187, — marriage with female, forbidden, III, 5; XI, 172-173- Sapi«fl^kara«a, in, 247-248. Sarangi, wife of Mandapala, ix, 23. Sarasvati, goddess, oblation to, viii, 105. — river, p. xlv; li, 17 ; xi, 78. Sarpas, snake-deities, i, 37. Sarva^/7a - Narayawa, commentator of Manu, p. xiii, xxxvii, c, cxi, cxxviii-cxxx. Sarvatmabhuti, deity, iii, 91. Sattra, performer of, sacrifice never impure, v, 93. Sattva. See Goodness. Satvata caste, x, 23. Satyanrita trade, iv, 4, 6. Saumya manes, in, 199. Savitri rite. See Initiation, Vratya. Savitri verse, n, 148; xi, 195, 226. — efficacy of recitation, 11, 7S-82, 102, 118. — manner of recitation, II, loi, 104. — mother of the student, n, 170. Sayawa-Madhava, p. xlix. Sea, trade by, vin, 157, 406. — voyages by, forbidden, in, 158. Seed-corn, offences with respect to, IX, 291. Self. See Soul. Self-defence permitted, viii, 348- .351. Seniority. See Brahmawa, Ksha- triya, Srotriya, 5udra, Vaijya, Wife. Service, excludes from 5raddhas, ni, 153. — forbidden to Brahmawa, iv, 4, 6. — with ^udras, a sin, xi, 70. See King, service of; ^udra, duties of. Singer, adultery with wife of, viii, 362-363. — excluded from 5raddha, in, 155. — following profession of, an Upa- pataka, xi, 66. — to be banished, ix, 225. See Bard. Sins, classification of, xi, 55-71. See Penance. Sipping water, ii, 222 ; v, 86-S7, 158, 142-145. INDEX. 605 Sipping water, manner of, 11, 58-62 ; V, 139. Sister, 11, 50, 133. See Brother, Incest, Skanda-pura«a, pp. xcvi, cvi. Slave, classes of, iv, 253-256 ; vlii, 415. — disqualified to earn property, viii, 416-417; to be witness, viii, 66 ; exception, viii, 70. — food of 6'udra, eatable, iv, 253. — quarrels with, forbidden, iv, 180, 185. — off?pring of female, ix, 55. See Son, illegitimate, of i'udra. — sexual intercourse with female, VIII, 363. Sleeping, purification after, v, T45. — rules regarding, for student, 11, 108; for Snataka, IV, 57, 75, 92. — at sunset and sunrise forbidden, II, 219-221 ; IV, 55. Smriti. See Tradition. Smritima;7^ari, of Govindarag-a, pp. xxi, cxxvii. Smr/tiviveka, of Medhatithi, p. cxxiii. Snataka (Brahmawa who has com- pleted his studentship). — definition of term, iv, 31. — duties of: acceptance of food, IV, 205-225, 250, 253 ; of gifts and begging, iv, 33-34? 84- 91, 186-191, 247-252; X, 113- 114; XI, 1-6; bathing, IV", 45, 129, 152, 201-203 ; dress, iv, 18, 34-36, 66; eating, rules for, IV, 43, 45, 55, 58, 62-63, 65) 74-76 ; general behaviour, righteousness, truthfulness, &c., IV, 15-16, 18, 72, 145-146, 155- 185,204, 236-246; hospitality, IV, 29-32 ; liberality, iv, 192- 197, 227-235; interruptions of Veda-study, iv, 101-127; per- formance of daily rites, iv, 14, 21-24, 92-94, 152; of 5rauta- sacrifices, iv, 25-28, 226; resi- dence, iv, 60-61 ; sleeping, iv,57, 75, 92 ; studying the Veda, &c., IV, 17-20, 95-100, 146-149; voiding excrements, iv, 45-52, 152 ; miscellaneous rules, iv, 37-42, 44, 53-595 63-83, 128, 130-144, 150-154. — may retire from the world, iv, 257-258. Snataka, receives the honey-mix- ture, III, 119. — way to be made for, li, 138-139. Soma, deity, in, 87, 211 ; ix, 129 ; XI, 255. — plant, sale of, forbidden, iii, 158, 180; X, 80. Somapa manes, in, 197-198. Soma-sacrifices, iv, 26; xi, 7-10. Somasad manes, in, 195. Son, duties towards parents, 11, 145-148, 225-227. See Father, Mother. — duty of begetting a, 11, 28; re- ward for fulfilment of, ix, 137- 138. See Debts, the three. — forsaking, an Upapataka, xi, 60 ; punishment for, viii, 389. — has no property, viii, 416 ; ex- ceptions, IX, 206. — has no right to parents' estate during their lifetime, ix, 104. — inherits from father, ix, 104, 156- 157, 185; from mother, viii, 104, 192, 195. — liable for father's debts and ex- ceptions, viii, 159, 166. — may be beaten, iv, 164 ; viii, 299-300. — offences against parents, in, 157, 159. See Father, Mother. — punishment fordefaming,vni,2 75. — quarrels with, forbidden, iv, 1 80, 184. — adopted, ix, 141-142, 159, 168. ■ — begot on wife or widow, ix, 31- 56; IX, 143-147, 159, 162-165, 167, 190-191. See Appoint- ment of widows. — born after partition, ix, 216. — born secretly, ix, 159, 170. — bought, IX, 160, 174. — cast off, IX, 159, 171. — eldest, excellence of, ix, 106-107, 109 ; inherits alone, ix, 105, 108- 109; share of, IX, 112-114, 115, 117, 119. See Brother, eldest. — illegitimate, of 5udra, ix, 179. — legitimate, ix, 159, 162-166. — made, ix, 159, 169. — middlemost, share of, ix, 112-113. — of appointed daughter. See Daughter, appointed. — of pregnant bride, ix, 160, 173. — of remarried woman, in, 155,181; IX, 160, 175-176. 6o6 LAWS OF MANU. Son, of ■Sudra wife, ix, 151, 153-155, 160, 178. — of unmarried daughter, ix, 160, 172. — second, share of, ix, 117. — self-given, ix, 160, 177. — youngest, share of, ix, 112-113. Sons, by wives of different castes, share of, ix, 148-155. — seniority among, by wives of equal caste, ix, 122-126, 156- 157- — subsidiary, enumeration, ix, 159- 160 ; character of, ix, 161, 181 ; right to inherit or share, i, 165, 180. Son-in-law, entertained at 5raddha, III, 148. See Bridegroom. Sopaka caste, x, 38. Sorcery. See INIagic. Soul, XII, 12-14. — knowledge of supreme, leads to final liberation, vi, 29, 49, 82- 84; XII, 83, 85,91-93, 118-125. Spiritual guide. See Teacher. Spirituous liquor, kinds of, xi, 94- 95. — debt for, not recoverable, viii, 159. See Drinking spirituous liquor ; Publican ; Woman, fine for drinking spirituous liquor. Spy, employed by king, vii, 1 2 2 , 1 5 3- 154,223; 1X5256,261,298. Staff, of Snataka, iv, 36. — of student, 11, 45-47, 64, 174. Stridhana. See Woman, property of. Student, breach of vow of, iii, 155. See Penance for. — cannot be made a witness, viii, 65. — does not become impure by births and deaths, v, 93. — durat ion ofresidence with teacher, III, I. — duties of and restrictions imposed on, II, 41-75, 108, 117-139; 144- 150, 161-162,173-212, 216-240. ■ — entertained at 5raddha, 11, 189- 190; III, 186; not to be enter- tained, III, 151. — mayperform obsequies of teacher, parents, &:c., v, 65, 91, but must not offer libations to other rela- tives, V, 88. — mode of personal purification, v, 137. Student, must not pay stipulated fee, II, 245; III, 156. — pays no toll at ferry, viii, 407. — personating a student, an offence, IV, 200. — receives alms at Vaijvadeva, iii, 94. — perpetual or professed, 11, 242- 244, 247-249. — returned home, 11, 245-246; iii, 2-4. See Pupil, Teacher. Subrahma«ya texts, ix, 126. Sub-teacher. See Upadhyaya. Subtraction of gifts. See Resump- tion. Sudas, a king, vii, 41 ; viii, 110. Sudhanvan caste, x, 23. Suicide, no libations offered to, v, 89. Sukalin manes, iii, 197. Sumati Bhargava, recast of Manu's laws by, pp. xvii, xcv. Sumukha, a king, vii, 41. Suparwas, bird-deities, vii, 23. — manes of, in, 196. — origin of, i, 37 ; xii, 44. Supersession. See Wife. Suppression of breath. See Pra«a- yama. Sura. See Spirituous liquor. Surety, viii, 158-162, 169. Suta caste, x, 26. — occupation of, x, 47. — origin of, x, 11, 17. Suvarwa, value of, viii, 134, 137. Svar^it sacrifice, xi, 75. Svarc^isha Manu, i, 62. Svayambhu, i, 3, 6, 92, 94; v, 39; IX, 138. See Brahman. Svayawdatta. See Son, self-given. 5abara-bhashya, p. cxii. 5aikha caste, x, 21. 5aka race, pp. cxiv, cxvii ; x, 44. 5akala oblations, xi, 201, 257. ^ahnala hell, iv, 90. ^ivasawkalpa text, xi, 251. i'raddha, funeral sacrifice, causes interruption of Veda-study, iii, 188; IV, iio-iii, 117. — offered by son of appointed daughter, ix, 127, 132, 140; by adopted son, ix, 142 ; to three ancestors, ix, 186. — daily, iii, 70, 72, 74, 80-83, 283. — for lately deceased person. See Ekoddish/a. INDEX. 607 5raddha, monthly, description of, iir, 187, 203-253, 256-265, 279, 282, materials for, ill, 123, 267-272. number of guests at, iii, 125- 126, 129. persons not to be fed at, in, 150-167. persons to be fed at, 11, 189- 190; 111,128-149,183-186. results of feeding unworthy guests at, III, 133, 168-182. rewards for performing, iii, 127, 277, 282. times for performing, lii, 122, 273-282. — special kinds of, in, 254. 5rauta-sacrifices. See Sacrifices. Sravana., month, iv, 95. Sri, deity, in, 89. Srotriya, a learned Brahma«a, pp. xlviii-xlix; iv, 205; viii, 394. — cannot be made a witness, viii, 65. — descendant of, sanctifies com- pany, III, 184. — fine for not entertaining virtuous, VIII, 393. — free from taxes, vii, 133. — gift of food to, IV, 31. — impurity on death of, v, 81. — niggardly, and liberal usurer, iv, 224-225, — property of, not lost by law of limitation, viii, 149. — receives the honey-mixture, in, 120. — to be honoured and supported by king, VII, 134-136; VIII, 395. 5rotriyas, seniority among, li, 134. Srutl. See Veda. 5uddhidipika, of Narayawa, p. cxxx. 5udra, caste, cannot commit an of- fence causing loss of caste, x , 1 2 6. — disabilities, not allowed to be initiated, x, 4 ; to be judge, VIII, 20-21 ; to carry out dead Brahmawa, v, 104; to fulfil the sacred law except certain portions, iv, 223 ; x, 126- 127; to hear, learn, recite, or teach Veda, in, 156; iv, 99; X, 127; to receive leavings at 5raddha, in, 249 ; to receive spiritual advice from Brahma«a, IV, 80-81; exception, x, 2; to sacrifice, in, 178; to travel with Snataka, iv, 140. 5iadra, duties and occupations, i, 91 ; vin, 410, 418; IX, 334-335; in times of distress, x, 99-roo, 121-129. — food and gifts of, unlawful for Brahma^7a, 111,164 ; iv, 211,218, 223; XI, 24-25; exception, iv, 253. — forcible appropriation of 5udra's property by Brahma«a, viii, 417; XI, 13. — guilt of, in cases of theft, VIII, 337. — killing a, an Upapataka, xi, 67. See Penance for killing. — kings, IV, 61. — labourers to work for king,vii, 138. — manes of, in, 197. — origin of, i, 31, 87 ; xii, 43. — position of, naturally a slave, viii, 413-414. — presence of many, destroys a country, viii, 22. — punishment for adultery with Aryan woman, viii, 374 ; for assaulting men of higher caste, viii, 279-283 ; IX, 248 ; for de- faming men of higher caste, vni, 267, 270-277 ; for neglect of duty in next birth, xn, 72. — residence of, n, 24. — rules of inheritance, ix, 157, 179. — special rules of administration of oath, VIII, 113; of burial, v, 92 ; of examination as witness, viii, 88; of impurity, v, 83, 99; of marriage, in, 44 ; of naming, II, 31-32 ; of purification, n, 62 ; of saluting, n, 727, 137; of shaving, V, 140 ; of sipping water, V, 139-140. — visitor not a guest, but fed, in, no, 112. — witness for 5udras, viii, 68. — wivespermittedto,iii, 13; ix, 157. 5i]dras, seniority among, n, 155. 5udra, female, marriage and sexual intercourse of Aryans with, p. xxvii; in, 13-19, 44, 64, 155, 191, 250; VIII, 383-385; XI, 179. See Son of ^udra wife. ^ulka. See Nuptial fee. ^urasenakas, a tribe, II, 19 ; vn, 193. 5vapaka caste, in, 92. — origin of, X, 19. — position and occupation of, x, 51- 56. 6o8 LAWS OF MANU. 5vavr/tti, service, iv, 4, 6. Tailor, food of, forbidden to Brah- mawa, iv, 214. Tamas. See Darkness, Tamasa, Manu, i, 62, Tamisra hell, iv, 88, 165 ; xii, 75. Tank, punishment for destroying, IX, 279. — sale of, a crime, xi, 62. • — settlement of boundary of, viii, 262. See Water. Tapana hell, iv, 89. Taptakr/X'/^/ra penance, xi, 157, 215. Taratsamandiya hymn, XI, 254. Tarpawa. See Libation to the manes. Taxes, VII, 118, 127-132, 137-139; X, 118, 120. — exemptions from, vii, 133-136; VIII, 394. — son not liable for unpaid, viii, 159. Teacher, a/^arya, definition of term, II, 140. — duties of, II, 69, 73, 159-161 ; iv, 164. — duties towards. See Student. — entertained at .Jraddha, iii, 148. — fee of, II, 245-246 ; iii, 95 ; stipu- lated fee forbidden, iii, 156; XI, 63. — impurity on death of, v, 80. — inherits from pupil, ix, 187. — non-Brahmanical,ii,2 38, 241-242. — not a guest, in, no. — offences against, in, 153 ; xi, 56, 60 ; punishment for offences, VIII, 275. See Penance for adultery with Guru's wife. — presents a cow and the honey- mixture to student, in, 3. ■ — receives the honey-mixture, in, 119. — reverence towards and venera- bility of, II, 144-154, 170-171, 225-235 ; IV, 130, 162,179, 182. — selection of pupils by. See Pupil. — ^ijdra, in, 156. 7 eacher's son, behaviour towards, n, 208-209, 247. — impurity on death of, v, 80. Teacher's teacher, n, 205. Teacher's wives, behaviour towards, II, 210-212, 216-217, 247. — impurity on death of, v, 80. 'I caching, duty of the Brahma«a, I, 88; X, 1-2, 75-76, 80. Teaching, unworthy men permitted, X, 103, I09-I II. Temple, punishment for violation of, IX, 280, 285. Temple-priest, excluded from 5rad- dha, III, 152, 180. Theft, VIII, 6. — anybody may be witness in cases of, vni, 72. — definition of, viii, 332 ; excep- tions, VIII, 339, 341 ; XI, 11-23. — guilt of men of various castes in cases of, viii, 336-337. — punishments for, criminal, viii, 314-315, 319-331,333-334; IX, 277, 280, 293 ; in next life, Xl, 50-52 ; xn, 60-68. See Pro- perty, stolen. Theft of gold, a mortal sin, ix, 235 ; XI, 55. — penance for. See Penance. — punishment for, criminal, ix, 237 ; in next life, xi, 49; xn, 57. — sins equal to, xi, 58. Thief, disqualified to be a witness, viii, 67. — excluded from 5raddha, in, 1 50. — food of, forbidden to Brahma«a, IV, 210. — to be executed only, if taken with stolen goods, &c., ix, 270. Thieves, abettors of, to be punished, IX, 271, 278. — manner of discovering, ix, 261- 269. See Rogues. Time, divisions of, i, 24, 64-73. — origin of, i, 24. Times of distress. See Castes mixed, Occupations ; Teacher, non- Brahmanical. Tirthas, parts of the hand, ll, 58- 59- Tolls, at a ferry, viii, 404-405, 407. Town, pasture-ground around, vni, 237. — punishment for destroying, wall, gate, &c. of, IX, 289. — to be built by king, vii, 70. Trade, degrades Brahmawa, in, 64, 152, 181 ; VIII, 102. — obligatory on Vaijya, i, 90 ; vni, 410, 418; IX, 326, 329-333; X, 79. — permitted to B; ahmawa, iv, 4, 6 ; in times of distress, x, 85 ; re- strictions, X, 86-94. INDEX. 609 Trade, permitted to Kshatriya in time of distress, x, 95. — regulated by king, viii, 401-402. See Contract, Duties, Sea, Taxes, Trader, punishments of dishonest, VIII, 399; IX, 257, 286-287, 291. Trades, theory of, vii, 43. Tradition, sacred, definition of, 11, i o. — source of the sacred law, 11, 6, 9-12. Trainer of dogs, elephants, &c., ex- cluded from 5raddha, iii, 162, 164. — food of, forbidden to Brahma;2a, IV, 216. Transmigration, i, 28-29, 55-5^; v, 164; VI, 61-65; IX, 30; XI, 25; XII, 15-22, 41-81. Treasure-trove, viii, 35-39. Treta age, i, 83, 85, 86 ; ix, 301-302. TridaWin, definition of, xii, 10. T rinakiketa., ill, 185. Trisuparwa, iii, 185. Triv;-/t sacrifice, xi, 75. Truthfulness, duty of, 11, 179; iv, 138-139, 170-178, &c. Turayawa sacrifice, vi, 10. Twice-born man. See Aryan. Twilight-devotions, 11, 101-104, 222 ; IV, 93-94. See Penance for neglect of. Udgat;-/ priest, receives a cart, viii, 209. Ugra caste, X, 13, 15, 19. — food of, forbidden to Brahma«a, IV, 212. — occupation of, x, 49. — origin of, x, 9. Unnatural crime, xi, 174-175. Upadhyaya, sub-teacher, definition of, II, 141. — may be buried by student, v, 91. — venerability of, li, 145. Upakarman, opening of school-term, IV, 95, 119. Upanishads, vi, 29; xi, 263. See Rahasya. Upapataka sins, enumeration of, xi, 60-67. See Penance for. Ujanas-smr/ti, pp. xxvii, xxxv, Ixii. Usurer, excluded from 5raddha, ill, 153, 180. — food of, forbidden to Brahmawa, IV, 210, 220. [25] R Usurer, liberal and niggardly ^ro- triya, iv, 224-225. Usury, an Upapataka, xi, 62. See Interest, Lending money. Utathya, son of, p. xxvi ; iii, 16. Vaideha caste, x, 19. — descendants of, x, 26, 31, 33, 36- 37. — occupation of, x, 47. — origin of, X, 11, 17. — position of, x, 13. Vaidiks, pp. xlvii-xlviii. Vaikhanasa. See Hermit. — Sutra, pp. xxvii-xxix; vi, 21. Vaimanika deities, xii, 48. Vaijvadeva offering, iii, 83, 108, 121. — description of, iii, 84-86. Vaijvanari ish/i, xi, 27. Vaijya, caste, duties and occupations of, I, 90; VIII, 410, 418; IX, 326-333; x, 78-80; in times of distress, x, 98. — forcible appropriation of Vaijya's property by Brahma«a, xi, 12. — guilt in cases of theft, viii, 337. — indigent, to be employed by Brahmawa, viii, 41 1-4 12. — killing a, an Upapataka, xi, 67. See Penance for killing. — manes of, iii, 197. — origin of, I, 31, 87. — punishmentof Vaijyafor adultery, VIII, 375-377, 382, 384; for defamation, viii, 267, 269, 277 ; for neglect of duty, in next life, xii, 72. — special rules of administration of oath, VIII, 113; of burial, V, 92 ; of examination as wit- ness, VIII, 88 ; of impurity, V, 835 99 5 of Kejanta, 11, 65; of naming, ii, 31-32; of purifica- tion, II, 62 ; of saluting, ii, 127 ; of studentship, 11, 41, 42, 44, 45, 46, 49, 190. — visitor not a guest, but fed, ill, no, 112. — wives permitted to, iii, 13. Vai.fya female, punishment for adul- tery with, vili, 382-383, 385. Vai.fyas, seniority among, 11, 155. See Sons, by wives of several castes. Vaivasvata Manu, i, 62. Vamadeva, a sage, x, 106. r 6io LAWS OF MANU. Varahamihira, p. xcvii. Varuwa, iii, 87; v, 96; vii, 4, 7; VIII, 82, 106; IX, 244-245, 303, 308 ; XI, 253, 255. Vasish?/)a, lawgiver, quoted, pp. xxix- XXX ; VIII, 140. — Pra^apati, i, 35 ; iii, 198. — sage, VIII, 1 10; IX, 23. — hymn of, xi, 250. Vasish^/^a Dharmajastra, pp. xviii-xx, xxii, xxx-xxxiv. Hi, Ixviii, Ixix, xcix, cii, cxix. Vassals of king, punishment of neg- ligent, IX, 272. Vastoshpati, deity, III, 89. Vasus, III, 284 ; xi, 222. Va^adhana caste, x, 21. Vatsa, sage, viii, 116. Vayu, deity, v, 96 ; vil, 4, 7 ; IX, 42, 303, 306; XI, 120. Veda, conflicting passages of, all authoritative, 11, 14-15. • — definition of the term, 11, 10. — first source of the law, 11, 6-15. — greatness and power of, i, 2 1 ; XII, 94-104. — offences against, cavilling at, iii, 161 ; IV, 163 ; XI, 57 ; divulging, see Penance for ; 5udra, dis- abilities; forgetting, xi, 57; scorning, II, 11. — origin of, I, 23 ; xii, 49. ■ — purifying power of, Xl, 264. See Veda-study. — recitation of. See Veda-study. • — riddles from, iii, 231. — stealing the, li, 116 ; xi, 51. See Atharvan; Brahma«a, Mantra- sawhita, Rahasya, Rig-veda, Sawhita, Saman, Sama-veda, Upanishads, Ya^ur-veda. Vedanta, 11, 160; vi, 83, 94. Vedasawnyasika. See Ascetic, in- formal. Veda-study, ceremonies on begin- nmj II, 70-74; V, 145. destroys guilt, xi, 246-247. See Veda, purifying power, duration of annual term, pp. xlvi- xlvii ; IV, 95-96. duty of, II, 28, 156-158, 164-168 ; IV, 17-20, 35; VI, 36-37, 83; vn, 43; X, I, 75-78; XII, 83. general rule of, iv, 99-100. interruptions of. III, 188 ; iv, loi- 127; exceptions, 11, 105-106. Veda-study, neglect of, iii, 151. See Penance for neglecting. — private daily, duty of, li, 106, 166- 167; 111,70,74,81; IV, 58, 145- 149 ; VI, 8. neglect of, an Upapataka, xi, 60; results of, iii, 63. See Penance. rewards for, 11, 107; iii, 66. See Muttered prayer. Vows. Vedic schools, development and dis- ruption of, pp. xlvi-liii. Vedotsarga, iv, 96-97, 119, Vena, king, vii, 41 ; ix, 66-67. Ve«a caste, x, 19, 49. Vice, the eighteen vices of a king, VII, 45-53- Vi^^anman caste, x, 23. Vikhanas, institutes of. See Vai- khanasa-sutra. Village, boundaries of. See Boun- daries. — pasture-ground around, viii, 237. Vinajana, a place, 11, 21. Vindhya mountains, II, 21. Violence, anybody may be witness in cases of, viii, 72. — a title of the law, viii, 6, 344- 351. Vira^, deity, p. Ixiv ; i, 32-33; in, . ,^95. Virasana, a posture, xi, 11 1. Vish«u, XII, 131. VishKU-smriti, pp. xxi-xxiii, xliv, Iv, Ixvi, Ixx-ixxi, Ixxiii, cxxii. Vijva^it sacrifice, xi, 75. Viivamitra, sage, vii, 42 ; x, 108. Vijvejvara-bha«a, p. cxxv. Vows, for the Veda-study, 11, 28, 165, 173-174. Vratya, 11, 39; x, 20; xi, 63. • — descendants of, x, 21-23. — intercourse with, forbidden, 11,40. — sacrificing for, xi, 198. — -sexual intercourse with female, VIII, 373. See Initiation ; Pen- ance for neglect of initiation. Vr/'ddha INIanu, pp. xcii, xcvi-xcvii. Vr/ddhi-jraddha, in, 254. Vyahr/tis, il, 76, 78, 81 223, 249. VI ) /•■ XI, Wages, non-payment of, viii, 5, 215-218. — of herdsmen, viii, 231. — of royal servants, vii, 125-126. INDEX. 6ll Warfare, rules of, vir, 87-94, 164- 167, 170-171, 181-199. Washerman, food of, forbidden to Brahmawa, IV, 219. — rules for washing, vill, 396. Water, indivisible property, ix, 219. — penance for stealing, xi, 164. — prohibition against defilement of, IV, 46, 48, 56; XI, 174. — punishment for diverting or steal- ing, III, 163; IX, 274, 281, Water-pot, duty of carrying, iv, 36. — how replaced, 11, 64. Way, right of, 11, 138-139. Weaver, amount of cloth to be re- turned by, VIII, 397. Weights, enumeration of, of copper, silver, and gold, viii, 131-137. — to be examined by king, viii, 403. Well, boundaries of, viii, 262. Widow, duties of faithful, v, 156- 160, 165-166, — keeps ornaments, worn during husband's lifetime, ix, 200. — son of, excluded from 5raddha, III, 156, 174-175. See Appoint- ment of widow; Marriage, se- cond ; Son begotten on widow ; Son of remarried woman. Wife, acquires qualities of husband, IX, 22-24. — and husband indissolubly united, IX, 45-46. — dines separately, iv, 43. — duties and position of, v, 148-151, 153-156; IX, 2-7, lo-ii, 26-30, 96, 101-102 ; of wife of emi- grant, IX, 74-76. — explanation of term, ix, 8. — fine for drinking spirituous liquor, &c., IX, 84. — has no property, viii, 416; ex- ceptions. See Woman, pro- perty of. — inherits, IX, 187 note. — manner of burning dead, v, 167- 168. — may be beaten, viii, 299-300. — not to make hoard from husband's property, ix, 199. — penance for unfaithful, xi, 177- 178. — punishment for defaming, viii, 275 ; for forsaking, viii, 389. R Wife, qualifications required for, in, 4-11; exceptions, 11, 238-240. — repudiation and supersession, ix, 46, 77-85, 95. — sale of, IX, 46 ; an Upapataka, XI, 62. Wind. See Vayu. Witnesses, conflict of, viii, 73. — duty of speaking the truth, viii, 74,76. — exhortation of, viii, 79-86, 89- lOI. — manner of examination, viii, 87- 88. — moral guilt of perjured, viii, 75, 82, 89, 93-101 ; exceptions, viii, 103-106, 112. — number of, required, viii, 60, 66, 77. - — persons disqualified to be, viii, 64-67. — persons qualified to be, viii, 62- 63 ; in special cases, viii, 68-72, 254, 256, 258-262. — punishment of, for refusal of evi- dence, viii, 107; for perjury, see Perjury. — suffer for others, viii, 169. — to whom misfortune happen, pay debt, viii, 108. See Evidence. Wives, all mothers through one son, IX, 183. — of several castes, in, 12-13; ix, 85-87. — seniority among, of equal caste, IX, 124-125. See Adultery, Connubial intercourse. Hus- band, Marriage, Son begotten on widow or wife. Woman, adhering to heretical sect, receives no libation, v, 90. — always dependent, V, 147-149; T Y o_ ^ — causing abortion, receives no liba- tion, v, 90. — impure on birth of child, iv, 212 ; V, 85. — impurity on death of, v, 72. — killing a, an Upapataka, xi, 67 ; disqualifies for readmission into caste, XI, 191. See Penance for kiliiiig. — killing husband, receives no liba- tion, V, 90, — menstruating,ill,45-46; IV, 40-41, 57,208; V, 66, 85, 108; XI, 174- r 2 6l2 LAWS OF MANU. Woman, mouth of a, always pure, v, 130. — naked, not to be looked at, iv, 53- — names of, n, 33 ; m, 9. — naturally wicked nature of, 11, 213-215 ; IX, 17-20. — not allowed to recite Veda, ix, 18; nor to sacrifice, iv, 205- 206 ; XI, 36-37. — pregnant, committing a nuisance, IX, 283; pays no toll at a ferry, VIII, 407. — property of, appropriation by males punishable, viii, 29; de- finition of, IX, 194; succession to, IX, 104, 131, i92-i93> 195- 198. — punishment of wicked, in next life, XII, 69. — remarried, husband of, excluded from 5raddha, iii, 166. See Marriage, second ; Son of re- married woman. — rights to, not lost by law of limi- tation, viii, 149. — rule of sipping water for, v, 139. — sacraments for, performed with- out Mantras, 11, 66. Woman, six causes of the ruin of, ix, 13- — special punishment for a, ix, 230. — unchaste, food of, forbidden to Brahmawa, IV, 211, 220; receives no libation, v, 90. — without guardian, protected by king, VIII, 28. — without male relative, food of, forbidden, iv, 213. Women, treatment of, ill, 55-62 ; witnesses for women, viii, 68. See Betrothal, Bride, Daughter, Marriage, Mother, Sister, Wi- dow, Wife. Writing, pp. xcix-ci ; viii, 154 note, 168. See Documents, Edicts. Ya^wavalkya-smr/'ti, pp. xlviii, xlix, Iv, Ixxiii, xcix, ci-civ, cvii, cxxii. Ya§';7ikas, pp. xlviii, 1. Ya^ur-veda, pp. xvi, Ix; I, 23; iv, 124; XI, 263, 265; xil, 112. — quoted, VIII, 106; xi, 251, 257, Yakshas, i, 37 ; iii, 196 ; xi, 96. Yama, ill, 87, 211 ; v, 96; vi, 61; VII, 4, 7 ; viii, 86, 92 ; ix, 303, 307 ; XII, 17, 21-22. Yavana race, pp. cxiv, cxvii; x, 44. ADDITIONS AND CORRECTIONS. Page XX, 11. 26-33. The tradition which asserts that the Gautamiya and Vasish/M Dharmajastras originally were the property of Vedic schools, studying the Sama-veda and the Rig-veda, has already been mentioned by Colebrooke in his Essay on the Mima?«sa. It goes back to Kumarila, who adduces it in his Varttika on Miinawsa-sQtra, I, 3, II (Tantra-varttika, p. 179, Benares Sanskrit Series). The same author states there that the Dharmajastra of 5ahkha and Likhita belonged to the Va»asaneyins. P, xxxix, add at the end of note 3 : 'It is, however, found in some other Grihya-sutras.' P. Ivii, add at the end of note 4: 'The copy of the Munich MS. No. 83 has 17^:.' P. cxii, 1. 1. More important is the fact that Kumarila, who, as I hold with Professor Max Miilier, cannot be placed later than 700 a.d., knew our Manu-smriti. In the portions of the Tantra-varttika, pub- lished in the Benares Sanskrit Series, I find the following verses quoted, i, 21'^ (p. 203, 1. 14); ii, 140 (p. 178, 1. 8); iv, 178 (p. 138, 1. 17); V, 56 (p. Ill, 1. 11); viii, 57 (p. 199, 1. 23); ix, 182 (p. 135, 1. 2); xi, 30 (p. 110,1. 19); xi,93 (p. 136,1. 19); xi, 94 (p. 136, 1. 24); xi, g6^ (p. 137, 1. 7); xii, 95 (p. 117, 1. 20); xii, 105, io6>' (p. 80, 1. 18). Most of these quotations show some variae lectiones, which, however, are not very important, and possibly, nay probably, are due to inaccuracy on Rumania's part. One verse, quoted p. 241, I. 22, is not traceable in our Manu. Kumarila names Manu through- out as the first and most venerable authority on the sacred law. His predecessor, the author of the metrical Tika, on the Mimawsa-sutra, which he quotes at great length, holds the same opinion, and clearly and frequently alludes to our Manu-smriti. P. II, ch. I, ver. 19, add at the end of the note: 'The idea that seven Purushas make up man, occurs S'atapatha-brahmawa vi, i, i, 3, and 6.' P. 32, ch. 11, v. 15, add at the end of the note: 'The passages referred to in the text are quoted in the i'abarabhashya on Mimawsa-sutra, II, 4, 8.' P. 33, ch. II, V. 21, for 'to the east of Prayaga and to the west of Vinajana ' read ' to the west of Prayaga and to the east of Vinajana.' P. 39, ch. II, V. 52, for 'truthfulness, if he faces the east' read 'truth- fulness, if he faces the north.' P. 58, ch. II, V. 1^1, fur 'old enough to be) fathers' read 'old enough to be his) fathers.' 6 14 LAWS OF MANU. P. 94, ch. Ill, V. 103 note, read at the end : 'agatam apy atithiw na vidyat.' P. loi, ch. Ill, V. 141 r\oie, for 'paisa^i' read ^Va.ulk].'' P. 105, ch. Ill, V. 159, for 'substances used for flavouring' rm^' con- diments.' P. 112, ch. Ill, V. 202 note,/or * akshayayakalpate ' r,?^^ ' akshayayopak.' P. 121, ch. Ill, V. 251, /or ' Rest either (here or at home)' read 'Take rest.' P. 126, ch. Ill, V. 274 note. The passage quoted by Vi^wanejvara on Yagft. I, 217, is to the following effect: 'When the moon stands in the (asterism) sacred to the manes (Magha/j) and the sun in the (asterism) Hasta, that lunar day is sacred to Yama ; it is called the elephant's shadow.' Another explanation of the same term from the Malamasatattva, quoted in the Petei-sburg Dictionary, asserts that it means an eclipse of the sun. P. 137, ch. IV, V. 55, after ^\&t him not take off his garland' add ' (with his own hands).' P. 141, ch. IV, V. 80 note, «^^ ' Regarding the consequences of giving spiritual advice to a 5udra, see also Mah. xiii, 10, 55.' P. 144, ch. IV, note to vv. 95-97,/or ' The Pushya-day is the sixth lunar day of each month ' read ' The Pushya-day of the month of Pausha is the day of the full moon ; see Bapudeva ^astri, note on SQryasid- dhanta, p. 94, s. 16.' P. 147, ch. IV, V. 113 note, add ' Some parallel passages make the latter meaning more probable.' P. 172, ch. V, V. 16 note, add 'For Sajalkas on all (occasions,' Medh., Gov.) Ku. proposes ' Sajalkas of all (kinds).' P. 182, ch. V, V. 82 note, /or 'such a one who is mentioned' read 'such. a one as is mentioned.' P. 189, ch. V, V. 115, for 'for solid things' read 'for things piled up.' The commentators give as examples ' couches, beds, and the like,' and apparently refer to the cushions and mattresses used for such purposes. P. 199, ch. VI, v. 6. The translation 'a dress made of bark or grass' ought to be placed in the text, instead of ' a tattered garment.' P. 206, ch. VI, V. 43 note, for the first ' asa»ikasuka>6 ' read ' asam- kusuka/V P. 222, ch. VII, V. 43. In accordance with the explanation of Medh., ' the science of dialectics, (which gives) self-knowledge ' ought to be inserted in the text, instead of ' the science of dialectics and the knowledge of the (supreme) Soul ;' see Introduction, p. xxxvii. P. 234, ch. VII, v. 118 note, insert 'or Mahattara' after ' Gramaku/a,' and ' are ' /before ' the so-called haks.' P. 241, ch. VII, V. 157, for 'consists) ' read '(consists).' Pages 253, 255, superscription, for ' ceremonial ' read ' criminal.' P. 253, ch. VIII, V. 4 note, insert at beginning ' ii/V/asyadanam.' P. 257, ch. vni, V. 25 note, for ' akara ' read ' a/^ara ' (twice). ADDITIONS AND CORRECTIONS. 615 P. 263, ch. VIII, V. 53 note, /or 'apadejam ' read 'adejam.' P. 265, ch. VIII, V. 65 note, for ' includes according to Nar., Gov., Nand., Medh. also ascetics,' read 'includes according to Nar., Gov., Medh. also ascetics, or, refers to the latter alone, Nand.' P. 288, ch, VIII, V. 192 note, for ' Nar. takes ' read ' Nar. and Nand. take.' P. 292, ch. VIII, V. 210 note. Add after the quotation from Asv. Srauta-sutra, ' Ap. 5rauta-sfitra xiii, 5, 12.' P. 295, ch. VIII, V. 227 note, dele ' Nand. omits this verse and the next.' P. 295, ch. VIII, V. 228 note, add 'Nand. omits this verse.' P. 296, ch. VIII, V. 237 note, add after 'The jamya is,' 'either the wedge at the yoke, or.' P. 308, ch. VIII, V. 309 note, for 'who takes the goods of Brahma«as or injures them' read 'who takes the goods of Brahma«as, injures, or abandons them.' P. 331, ch. IX, V. 20 note, add ' The Pratika of this verse is quoted by Vi. Lxxiii, 12 ; see also Ap. 5rauta-sutra i, 9, 9, where a somewhat different version occurs.' P. 339, ch. IX, vv. 64-68 note, for ' Aupa^andhani ' read ' Aupa^anghani,' which latter is the correct form of the name. P. 352, ch. IX, V. 128 note, add ' The story agrees exactly with Mah. XII, 343, 57 ; see also Vishwu-purawa, vol. ii, p. 10 (ed. Hall).' P. 362, ch. IX, V. 170, for ' Gudhotpanna' read ' Gud'/6otpanna.' P. 398, ch. IX, V. 315 note, add at end, ' see also Mah. xiii, 33, 17.' P. 399, ch. IX, V. 323. Mah. xii, 65, i seq. recommend ahave deha- tyagam, ' death in battle,' for a king. P. 405, ch. X, V. 19 note, for ' the name of caste ' read ' the name of the caste.' P. 406, ch. X, V. 22. The form Lm/Avi for Li/J^>6avi actually occurs. P. 407, ibid., for ' waters ' read ' water.' P. 416, ch. X, V. 64 note, for ' Sacred Books of the East, 11,' read ' S. B. E. XIV.' P. 425, ch. X, V. Ill, for 'offering sacrifices for teaching' read 'offering sacrifices for, or, teaching.' P. 443, ch. XI, V. 64 note, add ' Ya. Ill, 240 favours Nar.'s explanation of mahayantrapravartana.' P. 457, ch. XI, V. 134, ybr ' a spade of black iron ' read ' a mattock of black iron.' P. 479, ch. XI, V. 242, for 'penance' read 'austerity' (twice). P, 480, ch. XI, V. 2 so, for ' (that seen) by Vasish//ja ' read ' the three verses (seen) by Vasish/^a.' Make the same correction in the note, and add, ' the correct reading in the text is prati tryr/>^am.' P. 481, ch. XI, V. 253, add at the end, or, ' Thus, verily thus.' P. 512, ch. XII, V. 120 note, add ' Compare for this verse and the next, Rig-veda x, 90, 13-14.' TRANSLITERATION OF ORIENTAL ALPHABETS. 617 M n n '^ .'-5 n- tz ^ tz ^d ^ :$ • D D S '0 •^ — u^-^ k)o^ '0 « — U<>J-kJ id b>(X> ^ q *> <>J ^ 03 crt o o „ am I— I C3 -2 2 '^ t^ CO C5 O <-< D-O o D-3 •0 <^^W -^•b VS ^ ^ K- re pr hr Jy rr le [8 «3 »r>« N N- "*! "a^ *» H c >— U5 H . z S O 'i; to :; §^ U 2 M 03 o O > CO S .2 W C3 O a, CO CO • • • • • • t_ . ■ J •>, . . -S> ^ • . • ->, • D> ; y •' f_ . "■^ -^ : : . . . . ^ . ;? ^ n; N^fr ^ "^ • • • • • :3- : ^ :t : -^ !33 to to tu> tis ^ ^ • P- P- t? fir » CT . • • p- -p r* • » • - • • • -.* . . . - :S -« ^ s • ^ • • • s ■H * , • S f*^ o o o s^ o CO o -3 CQ o •J c3 58 to N -^ 5 c3 53 !-S 03 -5 to 3 C «3 ;i5 03 o O > c3 ?^ CO c3 ^ CQ O ■^ •iH ^ M S ^ i <^ c3 w a> c CD 3 a c3 O s CO 2 S J CO CO o3 to COCJO'— i(MC0THOOt^C0C5 620 TRANSLITERATIOM OF ORIENTAL ALPHABETS. OJ .= )n; . .... (u...... -.3 . - u .. . 1 •■•»-'• • . ••• rr- :• '. • • • >■■'/- : ' ^ ^ ^' : : : r '^'K : i''^ : : : :^^ : : : : Persian. : . ^ , Lj. : : : : . ^i^ : :>L3 : : : :;i^ : ; : : 13 a. • .t^ . . .... crt.2:?-0 ^ . ^ . . . . ^ ^ ^ Zend. .... s^ . . . -^ . . . . • • :? 5 -. -T- • • ■ • - '>s^ . • • :^^^ : ■ ' • ... -ip • ■ 3 : : .3 i ! IP ^ iwiftr |£? IS?* r tp^ ^7 H5 '. 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