(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Sacred Books East Various Oriental Scholars with Index. 50 vols Max Muller Oxford 1879.1910."

This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project 
to make the world's books discoverable online. 

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 

Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 
publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to 
prevent abuse by commercial parties, including placing technical restrictions on automated querying. 

We also ask that you: 

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other 
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner 
anywhere in the world. Copyright infringement liability can be quite severe. 

About Google Book Search 

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web 



at jhttp : //books . qooqle . com/ 



- 



OS- 
S' 



-SO 



REESE LIBRARY 



x 



UNIVERSITY OF CALIFORNIA. 

Received >^fy-*«-£7~ , ./,^p 

Xcca&in No.3-*4.4?'&4s>'Sheif 



. -r 



m 



qO- 



^*^ 



*T7 



H 



. 



Digitized by 



Google 



Digitized by 



Google 



Digitized by 



Google 



[ r.\:' '• i;.-'. ;y 



THE 



SACRED BOOKS OF THE EAST 



[»5l 



Digitized by 



Google 



£onboit 
HENRY FROWDE 




Oxford University Press Warehouse 
Amen Corner, E.C. 



Digitized by 



Google 



THE 



SACRED BOOKS OF THE EAST 



TRANSLATED 



BY VARIOUS ORIENTAL SCHOLARS 



AND EDITED BY 



F. MAX MULLER 



VOL. XXV 



AT THE CLARENDON PRESS 
1886 

[All rights reserved} 



Digitized by 



Google 



Digitized by 



Google 



THE LAWS OF MA%tl^ 



TRANSLATED 



WITH EXTRACTS FROM SEVEN COMMENTARIES 



(■ 



, TY 



BY 



G. BOHLER 



AT THE CLARENDON PRESS 
1886 

[ All rights rtstrvtd ] 

Digitized by LjOOQlC 






*>// 



&•$■(& 



Digitized by 



Google 



CONTENTS. 



INTRODUCTION. 



PACI 



I. The origin of the Manu-smrrti according to the Hindus. xi 
The Manu-smr/ti based on a Dharma-sutra of the 

Manavas xviii 

II. The MSnava Dh. S. converted into a metrical Smr/ti by 

a special school of lawyers xlv 

The MSnava Dh. S. chosen for conversion on account 

of the myths current regarding Manu . . . lvi 

Old and new parts of the work lxvi 

The sources of the additions made by the editor of 

the metrical version ' lxxiv 

The position of Bh/vgu's Sawhitd among the various 

metrical recensions xcii 

The probable date of Bhn'gu's Sawhita . . . cvi 

III. The commentaries of Manu and principles of translation cxviii 

THE LAWS OF MANU. 

The Creation i 

Summary of Contents 26 

Sources of the Law . 29 

Sacraments -33 

Initiation 37 

Studentship 43 

Householder 74 

Marriage 75 



Digitized by 



Google 



Vlll CONTENTS. 



PAGE 



Daily Rites 87 

•SVSddhas 97 

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) 314 

Adultery 315 



Digitized by 



Google 



CONTENTS. IX 



PAGE 

Miscellaneous Rules 32 1 

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 583 

Additions and Corrections 613 



Transliteration of Oriental Alphabets adopted for the 

Translations of the Sacred Books of the East . 617 



Digitized by 



Google 



Digitized by 



Google 




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-smr»ti, or, to speak more exactly, with Bhr«'gu'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 



Digitized by 



Google 



Xll 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 Smritis, 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 
Smn'tis. These peculiarities are particularly marked in the 
Manava Dharmarastra, where the whole first chapter is 
devoted to the purpose of showing the mighty scope of the 
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 Bhr*gu, one of his ten mind- 
born sons. The latter begins his task by completing, as 
the commentators 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 



Digitized by 



Google 



INTRODUCTION. Xlll 



topic is introduced by a prefatory verse which contains 
phrases like ' such and such a matter has been explained 
to you, now listen to,' &c, or ' I will next declare/ &c. 

Twice (V, 1-3 and XII, i-a) the sages are represented 
as interrupting Bhrtgu's discourse and expressing their 
desire to be instructed on particular points, and on both 
occasions Bhrsgu is again named as the narrator. More- 
over in a number of verses 1 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-smr/ti would have 
to be slightly modified by those who accept as genuine the 
verse 2 which stands at the beginning of the Smriti accord- 
ing to the commentators Govindara^a, Narayawa, and Ragha- 
vananda, as well as according to the Karatr 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 8 , that 'some 
pupil of BhWgu 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-smn'ti does not contain the 
original words of Bhrtgu, 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. Medhatithi states in his remarks on Manu 1, 1, 
that the Pra^Apati Manu was 'a particular individual, perfect 

1 See the index s. ▼. Mann. ' See note on Manu I, 1. 



Digitized by 



Google 



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 1 .' 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) 2 .' 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 .Sastra, 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, Medhatithi and KuMka adduce in 
their remarks on the same verse various passages from the 
•Sruti and the Smr*'ti, tending to prove the authoritative- 
ness of the Manu-sm«ti. 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 3 .' Kullfika gives two other passages, one 
from the Brmaspati-smnti which places Manu's .Sastra at 
the head of all works of the same class, and another from 
the Mahabharata which declares that ' the Purawas, 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 Pura«as, the 

n tq tiH ftu: n 

g-kH*j5'fi*u1»jTT: wfferfirirsPOTTiNVfir: u 



Digitized by 



Google 



INTRODUCTION. XV 



Itihasas, and the Smrj'tis. Finally, in the notes on Manu 
I, 58, they discuss the question, how the Sm«*ti can be 
called the Manava Dharmarastra, though, as is admitted in 
the work itself, Brahman was its real author. Medhatithi 
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 5astra 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 Haimavatt, because it is first seen in the 
Himavat or Himalaya, and to that of the Kanaka .Sakha, 
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^ipati (Brahman); it was successively 
abridged by Manu and others 1 ."' 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 Dharmasastra, 
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 2 . Important as they 
may appear to a Hindu who views the question of the origin 
of the Manu-smnti 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 regarding 
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. 



Digitized by 



Google 



XVI LAWS OF MANU. 



for mythological research. The arguments in support of 
the authenticity and authoritativeness of the Manu-smrtti 
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 Samhitas 
and in one Brahma«a 1 . 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 2 . But 
Medhatithi's and Kulluka's assumption that our Manu-smrxti 
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 Mahabhlrata and from the Brthaspati-srm-iti, as 
well as their well-founded assertion that in the Purawas and 
in many Smrttis 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 
Kulluka refer to a particular Dharmasastra attributed to 
Manu, and the same remark holds good with respect to 
those passages of the Pura«as and of the SmWtis where, 
in enumerations of the authors of Dharmarastras, 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 

* KfiAiaka XI, $ (apparently quoted by Medhatithi); Maitrayawtya Sawbitil 
I, i, 5 ; Taittirtya Samhita II, a, 10, a ; and T&ndya. Brahmana XXIII, 16, 7 
(quoted by Kullflka). 

' I would not infer with Professor Max Muller, India, what can it teach ns ? 
p. 364, that a legal work ascribed to a Manu was known to the authors of the 
four works ; see also below, p. be. 



Digitized by 



Google 



INTRODUCTION. XVU 



Purana or a Smrrti does not prove much for Bhr/gu's 
Samhita, 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 
that the Brzhaspati-smrtti, which Kulluka 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 dlnaras, an Indian coin struck in imitation of 
and called after the Roman denarii 1 . 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 stories told in the 
Manava Dharmarastra 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 Bhr/gu summarised it 2 . The text of Narada, 
which is accompanied by Kalyaoabhatta's edition of Asa- 
haya's commentary, names one more sage, Marka«deya, 
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-smWti, which 
asserts that it is the original work composed by Brahman, 
and revealed by Manu to Bhrjgu, 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 Dharmarastra. 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 

1 West and Biihler, 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 Sinr/ti 
itself (West and Biihler, Digest, p. 49), is not tenable. 

[»S] b 



Digitized by 



Google 



XV111 LAWS OF MANU. 



suffice to show that the explanatory notes offered by the 
Indian commentators on the origin and history of the 
Manu-smrzti 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-sm«'ti is based on, or is in fact 
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 1 . The systematic cultivation of 
the sacred sciences of the Brahmans began and for a long 
time had its centre in the ancient Sutra£ara«as, 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 Angas 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^vTavalkya, and 
other sages. Though only one Dharma-sutra, that of the 
Apastambtyas, actually remains connected with the aphor- 
isms on the ritual and other sacred subjects, the existence 
of the Dharmajastras of Gautama, Vasish//&a, and Vishwu, 
which are likewise composed in Sutras, proves that formerly 

1 See his letter to Mr. Morley, reprinted in Sacred Books of the East, vol. H, 
pp. ix-xi, and Hist. Anc. Sansk. Lit. pp. 131-134. Compare also the ana- 
logous views formed independently by Professors Weber and Stenzler, Indische 
Studien, vol. i, pp. 69, 143, 243-4. 



Digitized by 



Google 



INTRODUCTION. XIX 



they were more numerous. The perfectly credible tradi- 
tion of the Mtmawsa school, which declares that originally 
each Vedic school or Tarawa 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 Smrc'tis cannot be equally ancient, 
because there is much in their form that is modern, and espe- 
cially because trte epic AnushAibh Sloka, in which they are 
written, was not used for continuous composition during the 
Sutra period. As the metrical Smn'tis are later than the 
Dharma-sutras, it is, under the circumstances stated, very 
probable that each of them is based on a particular Dharma- 
sutra. The Manava Dharmxrastra in particular may be 
considered as a recast and versification of the Dharma-sutra 
of the Manava Sutra£ara«a, a subdivision of the Maitrayawlya 
school, which adheres to a redaction of the Black Ya^ur-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/Aa, and 
Vishwu 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 Apastambtya Dharma-sutra. No 
trace of a Manava Dharma-sutra could be shown, nor 
could any connexion between the Manava Dharm&yastra 
and the school of the Manavas, except through their titles, 
be established. The assertion that the Brahmans had 
turned older Sutras, and especially Dharma-sutras, into 
metrical works, written in epic Slokas, 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 Miiller'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 

D2 



Digitized by 



Google 



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 Sastras 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- 
is ts 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-sfitra of the Baudhayaniyas, the oldest Sutra- 
£ara«a of the Taittiriya Veda, has been recovered. Though 
the connexion between the several parts of the great body 
of Sfltras has been severed, it is yet possible to recognise 
that it once was closely joined to the Grshya-sfltra 1 . The 
recovery of the entire collection of Hirawyakeri-sGtras has 
proved that these too include a Dharma-sutra, which in this 
instance has been borrowed from the earlier Apastam- 
biyas 2 . The mystery which surrounded the position of the 
Dharmajastras of Gautama, Vish#u, and VasishfAa has been 
cleared up. To the assertion that they were composed by 
ancient Z?*"shis 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 3 . Internal evidence confirm- 
ing this tradition has been found in the case of Gautama's 
Dharm&rastra and of the Vish«u-smr**ti, or, more correctly, 

1 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. 



Digitized by 



Google 



INTRODUCTION. xxi 



of the K&Z&ika 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 Srauta 
and Grihya-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 Vish«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. Vishwu, Vaishwava 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 Pa«<fits of Pu«a and Benares, the occurrence 
of particular sacred texts known to the Kanakas alone, as 
well as the special resemblance of its contents to those of 
the Ka/Aaka Gnhya-sutra, make it perfectly certain that 
the work is only a Vaishwava recast of the Kanaka Dharma- 
sutra 1 . 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 Slokas for aphoristic prose. With respect to the last 
point, the further exploration of the Sm«ti literature has 
furnished numerous analogies. As an instance to the point 
we can now cite the fragments of the so-called Brz'hat 
Sankha Dharm&rastra, which, as the quotations show, must 

1 A quotation roGovmdai%a'sSmrjtima>J,£art, fol.ia b ,l. 8 (India Office Collec- 
tion, No. 1736), contains a very small portion of this work. When explaining 
the penance for the murder of a Brahmana, mentioned Manu XI, 74, Govinda- 

rfr» **y> ^rort iMjJJiii «mpnW [w] i w^jr»ft irwumft q^mr 

ffil II H»! [riJNl'i:] ^TCrfipn VfrTSPB^ ll The quotation shows that the 

Dhanna-sutra of the KaMas mentioned the fanciful expiations ending in death, 
which are given in all the ancient law-books, but omitted in the Vishwu-smWti. 



Digitized by 



Google 



XXU LAWS OF MANU. 



formerly have consisted of prose and verse, while the avail- 
able MSS. show Sutras and AnushAibhs in one chapter 
only, and Slokas alone in the remainder 1 . There are, 
further, such works like the two Ajvalayana Smritis and 
the Saunaka-snw'ti, evidently versifications of the corre- 
sponding Grchya-sutras, with or without the additions of 
extraneous matter 2 . In short, among all the general 
propositions concerning the origin of the metrical Smr/tis, 
which Professor Max Muller 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 3 . 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 4 . With 
respect to the conjectures specially affecting the Manava 
Dharmarastra, 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 
.Sastra was closely related to our Manu-smrc'ti. As regards 
the connexion of this Dharma-sutra, and consequently of 
our Manu-smr*'ti with the Sutra£ara«a 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 Buhler, Digest of H L. p. 40, third edition. 

* West and Buhler, loc cit. p. 51. 

* Goldstiicker, M&navakalpa-sutra, p. 78. 

* West and Buhler, loc. cit. pp. 43. 44. 



Digitized by 



Google 



INTRODUCTION. XX111 



appears that the doctrines of the Manava Grchya-sutra differ 
very considerably from those of our Manava Dharmasastra. 
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«usmr*'ti, the modern 
recension of the Kanaka Dharma-sutra, and our Manu- 
smriti, as is found between the Kanaka and Manava 
Grihya-sutras and between the Kanaka and Manava 
Samhitas, and that hence the Vedic original of the Manu- 
smriti may be supposed to have belonged to the Manava 
school 1 . The conclusive force of this argument is no doubt 
somewhat weakened, as Dr. von Bradke has pointed out, by 
the fact that the Vishwu-smn'ti is not the original Ka/Aaka 
Dharma-stitra. But to reject it altogether on account of 
this circumstance would be going too far. For the agree- 
ment between the Smr/tis of Manu and Vishwu 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- 
stnrtti 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-smn'ti 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 .Sraddha 2 and to the disposal 

1 Professor Jolly, Sacred Books of the East, vol. vli, pp. xxvi-xxvii ; and 
Dr. von Bradke, Jour. Germ. Or. Soc. vol. xxxii, pp. 438-441. 

* The same difference of opinion is mentioned in .Sankhayana Gnhya-sutra 
IV, 1, 10. 



Digitized by 



Google 



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 1 , are given IX, 31-55 re- 
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 2 , that 'some* permit the procreation of a 
second son with an appointed widow. Manu X, 70-71, 
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, 3-6. 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-smrz'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, 23-25, 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 

1 See especially Vas. XVII, 6-9, where one of the verse* of the Mann-smriti 
occurs. 

2 Gaut. XVIII. 8. 



Digitized by 



Google 



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-smrzti. 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-smri'ti knew 
Dharmajastras. Three passages allude to their existence 
in general terms. The first occurs in the definition of the 
terms .Sruti and Smn'ti, Manu II, 10, * But by Sruti 
(revelation) is meant the Veda, and by Smrtti (tradition) 
the Institutes of the sacred law.' In the text the last 
word, dharmarastram, stands in the singular. But it must 
doubtlessly be taken, as Kulluka 1 and Narayawa 2 indicate, 
in a collective sense. Another mention of law-books 
is found Manu XII, in, where a dharmapa/ZzakaA, '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 Smr/tis of Manu 
and others,' and it is indeed impossible to take the word in 
any other sense than that of 'law-books 3 .' The third 
passage is perfectly explicit, as the word Dharma^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 (dharmarastra«i),' &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 

' *%t$ urvrJfrT 1 <nnjynHl4 iU*UiiM1 " 

» Medh. vfrn3T*t>P*if5^finn^gfron»runrni Gov.irpnTfi^ranrtii 

Kull. VFnTtipifyTO^hftM Nand. tUiStyl^mro: ll The full significance 
of this passage will be shown below, p. lii. 

• See also Professor Stenzler in the Indische Studien, vol. i, p. 345 ; Dr. 
Johanntgen, Das Gesetzbuch des Manu, p. 76. 



Digitized by 



Google 



XXVI LAWS OF MANU. 



from some other passages which reveal an acquaintance 
with the Angas of the Veda 1 . 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#awho 
knows the six Angas sanctifies the company at a .Sraddha 
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 Anga, 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-snw'ti 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 Sutras 
of the Vedic schools which teach the performance of the 
J>rauta sacrifices, the rites especially described in the .Sruti. 
Hence both 6rauta-sutras and, of course, also Sutra- 
£ara«as must have preceded the Manu-smrtti. 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 Srauta-sutras, 
it becomes exceedingly probable, nay, certain, that our 
Manava Dharma^astra is later than some of the Dharma- 
sutras. This conclusion is further corroborated by those 
passages of the Manu-smrzti where the author quotes 
the opinions of individual predecessors. Manu III, 16 
we read, 'According to Atri and (Gautama) the son of 
Utathya 2 he who weds a .Sudra woman becomes an out- 
cast, according to .Saunaka on the birth of a son, and 
according to BIWgu he who has (male) offspring from a 
(.Sudra female alone).' Under the above explanation, 
which is adopted by the majority of the commentators, 

1 See also Professor Stenzler, loc. cit. ; Dr. Johanntgen, loc. cit. p. 74. 

* The form Utathya is a corruption of the Vedic IWathya, 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-smrtti. 



Digitized by 



Google 



INTRODUCTION. XXV11 



and is confirmed by an analogous passage of the aphoristic 
Dharm&fastra of Uranas 1 , 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 Smritis attributed to Atri, .Saunaka, 
and to Gautama, as well as one said to belong to Bhrigu. 
With the exception of the aphoristic Gautamiya Dharma- 
.rastra 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 
Dharmarastras, Atri, .Saunaka, 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 
Sutra we find among those persons who defile the company 
at a -Sraddha dinner, and who are thus excluded from the 
community of the virtuous, the judrapati, literally * the 
husband of a .Sudra female 2 .' The real signification of the 
compound seems, however, to be, as Haradatta suggests, 
' he whose only wife or dharmapatnt is a 5"udra.' 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-smr/'ti 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 sthitaA,' and means literally ' abiding 
by the Vaikhanasa opinion.' The commentators, with the 
exception of Narayawa, are unanimous in declaring that 

1 Us. Dharmajastra, chap. Ill, ^finft ^TOTTftll I «T 1fl(fli*l* I M1S4U43 

ygffitfgTrrwgfriffi s ht^i *wjftflT *ftrt %it% 1 *nrfir 1 vmfifn 
ir^ro • \*<^l xnnftfti ^nfhi: i iPRrwmftfii yhmi 1 n^iw: 

inqiifi «iln«i; II Though Uranas' statements regarding the opinions of the 
ancient lawyers do not agree with those of the Manu-smr/ti, except in the case 
of .Saunaka, they are yet important, because they show that differences of 
opinion regarding the effects of a marriage with a .Sudra did occur. See also 
Jolly, Tagore Lectures, p. 53. 

1 Gautama XV, 18 ; Sacred Books of the East, vol. ii, p. 155. 



Digitized by 



Google 



XXVU1 LAWS OF MANU. 



the word Vaikhanasa here denotes a 6astra or Sutra 
promulgated by Vikhanas, in which the duties of hermits 
were described at length x . 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 the sense of vaikhanasa .rastra, 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 2 , and 
seems to give a short summary of its contents in the third 
chapter of the third Prarna of his Dharmayastra. 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 Tundits 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 4 , occurs in the 

1 Medh. wRHHW^mjpi'nr «imhwwv*H fan?iu*tf«d»nrfanT:ii 
Gov. ^wmhi^ <(Mutvmi^$Ht fanr: n Kuii. totto^ ^Pnron i 
mfiu . rrtM i <tm%K$3 ftqir: n Nand. W[*n]*Ts*ni f^M'mr 
A* f*W t* flf iMHWufiw ynftfctn fwran Nar. Wro»ra 
vrnranra n 

1 Baudh. Dhanna. II, II, 14; Sacred Books of the East, vol. ilv t p. 359. 

• tunwl wnm: 1 ftwnwn tjHr Tt»far lira $fir i ihr fir a 
wat uitii'M«f irflnnf^TT: 11 

* The doable vrtddhi in vaikhanasa is according to the analogy of the words 
enumerated in the akr»"ti-ga«a anvatikSdi, PS*. VII, 3, 20. 



Digitized by 



Google 



INTRODUCTION. XXIX 



oldest known Dharma-sutra. Under these circumstances it 
is not advisable to assume that it had any connexion with 
the Vaikhanasa Sutra£ara»a, a subdivision of the Taitti- 
rlyas, which seems to have been one of the youngest 
schools adhering to the Black Ya^-ur-veda 1 . 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, I40, 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/Aa, and take monthly the eightieth part of a hun- 
dred.' If we turn to the Vasish/^a Dharmarastra, we read, 
III, 51 s ,' Hear the interest for a money-lender, declared by 
Vasish/z&a, five mashas (may be taken every month) for 
twenty (karshapawas).' Though the wording of the Manu- 
smrrti differs from that adopted in the Vasish/Aa Dharma- 
jlstra, 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 3 . Both 
law-books, therefore, evidently refer to the same rule of 
Vasish/Aa. But the correctness of the further inference that 
the author of the Manu-smrtti used the Vasish/Aa Dharma- 
jastra 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 



1 See Professor Max Miiller.AncSansk. Lit. p. 199; Professor Weber, Indische 
Stndien, vol. i, p. 83. A portion of the Vaikhanasa .Srauta-sQtra is preserved 
in the modern transcripts, belonging to the Bombay University and the Munich 
Royal Libraries, which Professor Hang had made from a Barorfa MS. 

* Sacred Books of the East, vol. xiv, p. 16 ; according to Dr. Fiihrer's edition, 
Vas. Ill, «o. 

» Cagannatha, in Col. Dig. I, 35, gives a somewhat different calculation. 
But the general sense remains the same. I follow Kmhnapamfita and Hara- 
datta on Gautama XIL 19. 



Digitized by 



Google 



XXX LAWS OF MANU. 



two passages furnishes no stringent proof for the posteriority 
of the Manu-smr/ti 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 Brahmawical 
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 1 , 
we learn that the Vasish/£a Dharma^astra originally be- 
longed to a school of A'jg-vedins who ascribed the settle- 
ment of their laws to the famous Vedic Rishi Vasish/Aa. 
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/Aa-smnti. But neither 
there nor in any other work where it occurs 3 is its enuncia- 
tion attributed to VasishtAa.. Hence it is most probable 
that this addition was made by those who attributed their 
laws to Vasish/Aa, 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 Vasish/Aa 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/Aa's 
name, made in Manu VIII, 140, still remains an indication 
that its author knew and referred to the existing Vasish/Aa 
Dharmajastra. 

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-smn'ti to the first 

1 See above, p. xx. 

* Sacred Books of the East, vol. ii, pp. liii, liv. 

s See e. g. Ya,?rt. II, 37, and the texts of Brthaspati and VySsa quoted in Col. 
Dig. I, 26-37. 



Digitized by 



Google 



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-smr/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-smr»'ti, which prove the former existence of a 
Manava Dharma-sutra, and which, as the preceding dis- 
cussion has established the priority of the Vasish/Aa-smrrti 
to our Manu, possess a particularly great importance. The 
chief passage occurs Vasish///a IV, 5-8 *, 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 2 , 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 7 to Manu V, 48, shows that the quota- 
tion is not finished with Sutra ,5. If we accept this explanation 

1 rM^qifrfVipiJjiHiita ^j fiNmfijfir hm*h II M II uyni * 
*ri ^ r^qflnfifq 1 wtN * *r*j fifcrnrrarfr q TrfN-j: 11 «, 11 
Tfmpn wfuHi fifcrf tfgyrcni iifa\ i t ^ mfioiv: ^rfccrsn- 
wut v$tov. 11 * 11 *nrrfa wraramr *t ttsptut *T»ipnrni u^ito 
*T*gm*Tqn %qnw i vnfim ^i r rftfi i ntn 

" Sacred Books of the East, vol. xiv, pp. xviii-xix. 



Digitized by 



Google 



XXX11 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 Kr*'sh»a- 
p&ndita. Dharmadhikarin in his commentary on Vasish/Aa, 
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- 
tha.. This becomes quite clear, if we compare VasishZ^a 
1, 17, where undoubtedly a rule of Manu, corresponding to 
Manava Dh. VII, 203, and VIII, 41, is given in Vasish/Aa'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 1 .' 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 theVasish/Aa Dharmajastra, do not 
permit us to assume, with K>*'sh«apa«dfita, that Vasish/Aa 
knew and referred to our Manu. 

If it is thus necessary to admit that Vasish/Aa'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-smrrti 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 VasishAfca-smrzti, will show that 
this agreement was, though pretty close, not complete. 
The identity of the view, ascribed to Manu by Vasish/Aa 
I, 17, with the contents of Manu VII, 303, and VIII, 41, 
has already been mentioned. Vasish//6a III, 2, a Manava 
.Sloka is quoted which agrees literally with Manu II, 168. 
The same remark applies to the quotation at Vasish/Aa 
XX, 18, which is found Manu XI, 152. Another passage, 

Digitized by LjOOQlC 



INTRODUCTION.' XXX1U 



Vas. XIII, 16, shows considerable verbal differences. 
According to Vasish/Aa, Manu's verse is : 'Be it fruit, or 
water, or sesamum, or food, or whatever be (the gift) at a 
.Sraddha, let him not, having just accepted it, recite the 
Veda; for it is declared in the Smrtti that the hands of 
Brahma*as are their mouths,' while we read Manu IV, 117, 
' Be it an animal or a thing inanimate, whatever be the 
(gift) at a Sraddha, let him not, having just accepted it, 
recite the Veda ; for it is declared in the Smrfti that the 
hand of a Brahmawa is his mouth 1 .' The last quota- 
tion which occurs Vas. XIX, 37, and refers to the julka, 
(exemptions from) taxes and duties 2 , is in the Trishrubh 
metre, and, hence, cannot have a place in our Manu-smr*'ti. 
But it is remarkable that the latter does not even show a 
corresponding Anushrubh 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 karshapa«a 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 (.rilpa), our Manu teaches, 
VII, 138, and X, iao, 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/Aa. Besides 
these passages, there are some other verses 8 which contain 
the well-known phrase, ' manur abravlt, thus Manu spoke,' 

fipfc H^ i iiniJjwiuMmm: TO«TOn unwm *pn jfir h Mann, 
•mfia *t iff *rnrrfoi ^rwJ i Mmifi4 >^ 1 ir^re m i uHmn; *r- 
wrpft f»r farcn 9pi', u 

* 'No duty (is paid) on a sum less than a klrshapana, 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 robbery, 
nor on a .Srotriya, nor on an ascetic, nor on a sacrifice.' 

• Vas. XI, »3 ; XII, 16 ; XXIII, 43 ; XXVI, 8. 

[»5] C 



Digitized by 



Google 



XXXIV LAWS OF MAN IT. 



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 1 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 2 . The first three among them either contradict or 
find no counterpart in our Manu-smr/ti. 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- 
sutra, known to Vasish/Aa, 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- 
tha., it is possible that Gautama, who mentions an opinion of 
Manu, XXI, 7, refers to it. His Dharma-sutra is even older 
than Vasish/Aa's, and long anterior to our Manu-snv*ti. 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 Brahmana, drinking Sura, and the 
violation of a Guru's bed) cannot be expiated 3 .' The 
wording of the Sutra shows that it is not a quotation, but a 
summary of Manu's opinion. Our Manu-smrzti explicitly 
teaches, XI, 90, the same doctrine with respect to the 
intentional murder of a Brahmawa, 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. lviii. 

' The meaning of the phrase in the verse, occurring in the quotation from the 
Manava Dharma-sutra, is probably the same. 

' ■^tfiff WPTTaififlf^irrfcT *r5j: ll The same opinion is expressed in the 
Mablbhirata XII, 165, 34, bnt not attributed to Manu. 



Digitized by 



Google 



INTRODUCTION. XXXV 



direct statement. But the expiations, prescribed XI, 104- 
105, amount to a sentence of death. Hence our Manu- 
smr*'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-sAtra. 

Among the remaining Dharma-sutras x there is only 
the fragment attributed to Ujanas which seems to quote a 
Sutra of Manu. At the beginning of the first chapter 2 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- 
smr/ti, V, 78, 89, 94, 98. 

There is, further, one among the Vedic books on the 
ritual, the Sankhayana Grthya-sutra, which possibly refers 
to the Manava Dharma-sfitra. 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 61okas of 

1 Regarding the passage of Apastamba II, l6, 1, which ascribes the revelation 
of the -Sraddhas to Mann, see below, p. lix. 
' I transcribe the whole beginning of the work, IT^f «!"ii«.«u«ilJ «*l« 

*gu* 11 wr$ ^rpsna* <*Hfr^r *tawm (?) mmfrftnu^r 
fi^r * to: 11 fam* qfincrffritfttftflrwfc S *r? *Wh^n Thus 

two MSS. ; the third reads, 5«JW?<J g *J*t^tl? I and further on, W"qTH- 
VTfif inftWiT 1 It is impossible to restore the whole passage. The end of the 
quotation may have been WBl ^n^f^TfftrfTI II 

C 2 



Digitized by 



Google 



XXXVI LAWS OF MANU. 



our Manu-smriti, partly in better versions x . As the Gr*hya- 
sOtra 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 
Sankhayana'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 
Nttisara furnishes, where twice opinions of the ManavaA 
and once an opinion of Manu are quoted, but rejected in 
favour of the views of the author's teacher, ifanakya 
Kau/ilya. In one case the doctrine, attributed to the 
Manava^, agrees with the teaching of our Manu-smr*ti. 
We read in the discussion on the number of the prakritis, 
the constituent elements of the mandala, or political circle 
to which a king must pay attention, Kam. Ntt. 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 2 .' Our Manu-snvzti 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 differ. 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 

1 Oldenberg, .Sankh. Gri. S. in the Indische Stndien, vol. xv, p. 11. 

mtnr. 11*811 *te*t *T^(r unmrr viHiflwwm * ^n: 1 wrfinSfinrT 

WITH *nf H^fWIBc*^ II ^M II I read according to the commentary 
«w(ns}fVOT instead of the senseless tfMfnVTfVVT of the text. 



Digitized by 



Google 



INTRODUCTION. XXXV11 



science of government, ' because the science of dialectics or 
reasoning is a subdivision of the threefold (Vedic lore 1 ),' 
while Manu VII, 43 enumerates five branches of learning, 
or at least four, if either Medhitithi's or Naraya»a'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, 67, that Manu fixed the 
number of ministers (arnatya), 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-snWti. If I 
conclude that this must have been the old Manava 
Dharma-sutra, it is because Kamandaki twice alludes to it 
by the title ManavaA, 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 K&mandaki does, the rules taught 
by Manu with those of other teachers and afterwards to 
reject them 3 . 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 Smrs'ti with 

1 ■**& *nih ^.ftf ir ftf ii firm ft nmr: 1 im ** fiwmW 

' With respect to Medhitithi's and Nariyana's explanations, see the note to 

the translation. I will add that Kam. Ntt. II, 7, 1!MTrfc|*lll»lfafllHH v 
' The science of dialectics (is) a means of fully recognising the Soul or Self,' 
speaks in favour of Narayawa'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. 



Digitized by 



Google 



XXXV111 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 Bhrigu'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 Nftisara 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 1 . 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/Aa'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-smrtti. 

The investigations concerning the last point, the question 
if any traces of a connexion of our Manu-smr/ti 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 Dharmarastra, as both works of 

1 The work claims to be the composition of a pupil of Aandragupta's famous 
minister, A'anakya Kaurilya or Kau/alya, to whom a portion of the Mangala- 
£ara»a 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 with the family-name is almost universal. Later it seems to 
have fallen into disuse. The Nttis&ra is quoted by the oldest commentator of 
Manu, Medhatithi. 



Digitized by 



Google 



INTRODUCTION. XXXIX 



necessity frequently treat of the same subjects. On com- 
paring the corresponding portions of the two works, Pro- 
fessor Jolly 1 found no special agreement with respect to 
the ages prescribed for the performance of the Sawskaras, 
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 Grihya-sutra, while the 
somewhat closer resemblance in the Mantras of the Vaijva- 
deva ceremony and in a few other points turned out to 
be without conclusiveness on account of the concurrent 
agreement of other Grjhya-sutras. Dr. von Bradke's re- 
examination of the question 2 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 Jolly 3 , in which the Grihya- 
sutra shows a special affinity with the Smn'ti, the very 
great differences which occur in other sections 4 , the absence 
of an agreement in particularly characteristic rules', and the 

1 On the Vixhnu Dharma-sutra and the KiMaka ; Transactions of the Royal 
Bavarian Academy, 1879, ii, p. 8 a seq. 
' Journal of the German Oriental Society, vol. xxxii, p. 438. 
' Among the rales which specially agree, I may mention one from the section 

on the Initiation, Man. Gri. Su. I, 22 (end), W »t^ *!Crt [^tllj I HTJITifc- 
*td I irTBTam ^fe^ TOW* Tr ttfrrfgim 9j: II '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 Mann 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-rite*. The Manu-smriti III, 20-34, describes the 
well-known eight modes by which a woman may be obtained from her family. 
But the Manava Grihya-sutra I, 7-8, knows two only, the Brahma and the iaulka 
rites, the latter of which corresponds to the Asura or Manusha rite of the other 
Smn'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 Smn'tis, agree in both 
works. But none of those special prescriptions which the Manava Gr/hya-sfltra 
gives for the time when and the ceremonies with which particular portions of 
the Maitrayawl Sambita are to be learnt can be traced in the Manu-smn'ti. 



/ 



Digitized by 



Google 



xl LAWS OF MANU. 



non-occurrence of Mantras, peculiar to the Maitrayawtya- 
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-smrtti and the Manava school may 
nevertheless have existed. For the examples of the Haira- 
wyakeras and Madhya*«dinas 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 .Srauta-sutra is a 
K&tyayana, while the Grihya-sutra bears the name of a 
Paraskara. In the case of the Hairawyakeras the Dharma- 
sutra, though it is ascribed to Hirawyakarin Satyasharf>fct, 
is in reality the work of Apastamba, and differs both in 
its language and in its contents very much from the 
Gr»hya-sutra l . Moreover, the Hairawyakera ./sTayana- 
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 Gnhya-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 A'arawa shows a special affinity 
to the Manu-smn'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 Sraddhakalpa, a description of the 
ordinary funeral sacrifices which the Manava Grihya.- 
sutra does not treat in detail, but barely touches in the 
sections on the Ashfeka 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. 

Digitized by LjOOQlC 



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 PravarAdhyfiya *. It consists of four 
short Kham/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 Brahmawas, 
their hospitable reception with the Arghya in the house of 
the sacrificer, the invocations asking the Vijvedevas 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 Maitr&yawl Sa/whitd. This section shows 
hardly any special agreement with the Manu-smr/ti, 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 Sraddha (Manu III, 1 23, 211). But the second Khatida., 
which contains the description of the .Sraddha ceremony, 
opens with a couple of verses, the first of which corres- 
ponds almost literally 2 with Manu III, 274. The only im- 
portant difference is that at the end the words ' in the rainy 
season and under (the constellation) MaghaA' take the 
place of Manu's ' when the shadow of the elephant falls 
towards the east.' It must be noted that, though Vishwu 
LXXVIII, 52-53 and Vasish/Aa XI, 40 have passages which 
contain similar prayers of the manes, their wording differs 
very considerably from that of the .Srdddhakalpa and of 

1 My MS. of the writings of the Manava Aara»a, which was copied in 1 864-65 
at Nasik, includes, besides the Sa«nhita and the Upanishad, counted as the fifth 
Kam&, all the portions of the .Srauta-sutra, known from Professor Haug's MSS. 
together with the Kumara or Kumarila Bhashya and portions of a later vn'tti 
by MLrra Bilakn'shna, as well as the GWhya-sutra with its Bhashya, the PuraxA- 
khya, by Bha/ra Ash/avakra (not by Kumarila, as I conjectured in West and 
Buhler's Digest, p. 46, note a), and the 5raddhakalpa. 



Digitized by 



Google 



Xlii LAWS OF MANU. 



the Manu-smriti. The second verse 1 bears a faint resem- 
blance to Manu III, 202, as it declares that water offered 
in vessels of gold, silver, or Udumbara ' becomes imperish- 
able.' The following prose portion has little in common 
with 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 with some .Slokas 2 , the 
last of which is nearly identical with Manu III, 283. The 
chief difference is, that in the first line the word Sr&ddhe, * at 
a Sraddha,' occurs instead of snfttvd, ' after his bath.' The 
second var.lect. samahitaA, 'with a concentrated mind,' instead 
of dvjg-ottamaA.'a Brahma»a,' is found in the Southern MSS. 
of Manu. The next section, which is not numbered in the 
colophon as YLhanda. 3, but separately, treats of the Abhyu- 
daya, or VWddhi-jraddha, the funeral oblations which must 
be offered on all joyful occasions, such as the celebration of 
the birth of a son, a wedding, and so forth 8 . As Manu 
mentions this variety of the Jfraddha only incidentally, III, 
254, the contents of this KhaWa find no counterpart in the 
Smr/ti. But among its numerous Slokas one line agrees 
literally with Manu IX, 186 a*. The fourth and last section 
of the Kalpa, which is marked as the Parijishta, the addenda, 
gives miscellaneous rules regarding the times when Sraddhas 
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 

*l (sic) || 

' W ^i , <$iiiJU«iiwH$*r«i *^rfin^ (sic) 1 ^rrs^pfN^TRP»T?- 
i ftqfrtr . ftnp; 11 mi t^h qwifrqjmqi ^t^i (sic) i TrfVsrfo^- 
errftn fi»i<ji »rnrfr ffi»: n tj^ n^hiwfs: ftTpant ohiHsii: i ^*r 
«%»mftfii fMjqgfrMinirtPMO i 11 ^fij trppwrnr^ ffcifhr. w: 
otto: 11 

• Beginning *T*I ^firSTO *UWWW II Colophon, ^fir HMM^I 

' ivnui*j<j* ^nl frg fir. imfik 11 



Digitized by 



Google 



INTRODUCTION. xliil 



verses, seven 1 of which are either quite or nearly identical 
with passages of the Manu-smrtti III, 82, 125-126, 145, 
185, 148, and 186, while another, which teaches that the 
invited Brahmanas and the sacrificer must remain chaste 
' because the manes dwell with them 2 ,' agrees in substance 
with Manu III, 189. Two among the seven Slokas, those 
corresponding to Manu III, 125-126, occur also in the Va- 
sish/Aa and Baudhayana Dharmarastras. The remainder 
are not traceable in the ancient Sutras. 

These remarks show that the Manava Sraddhakalpa 
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-smrtti, 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 
.Sraddhas, 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 were current in 

mTOI^III H In the corresponding verse of Mann, Medh. and Gov. read Wl£(.«l 
instead of Kulluka's VTC^H b. *l $% ■*)$*& [«l] *?<Uqwm *TI 

HfapjHjwpftfti 1 TOnhr firarrf [ t] h *rn»vi ^ww ^ 5*1 
wwwwray i xtfwffa [irnV] wd *f»jr nmww$ pte$] frot [t] 11 
c n?N Hrn^*?rtr >rjpr ^jrrji 1 *rmfiproitf§ *fri *r irm- 

w^inrggirpft ^rawiTgt^M e.imiTOm3cs<i*refW^jT»j%i 
tfto^f f^rfir v$ [^] ^ftwrwft ^ *for^» f. ^n*ff f^^w 
n mroift [^f] ww flwir: [ir.] 1 jnng3* fafcuT wwim tjffc- 

^rRTTK II The fifth and sixth verses have been transposed by a mistake of 
the copyist. 

fijmwiftwj (sic) u 



Digitized by 



Google 



xllV LAWS OF MANU. 



the latter, and it is not improbable that they may have 
occurred in one of its written works. As, further, the 
Manu-smrfti rests on a Manava Dharma-stitra, and has 
derived from the latter a number of its verses, the most 
natural explanation of the partial agreement between the 
6'raddhakalpa and the Smriti is that both have drawn on 
the same source, the Manava Dharma-sutra. If that is so, 
the latter must have been considered as authoritative by the 
Manavas, and have been their peculiar property. Though 
several links in this chain of arguments must unfortunately 
remain hypothetical, it seems to me, especially if taken 
together with Professor Jolly's and Dr. von Schroder's 
above-mentioned discoveries regarding the relation of the 
books of the Kanaka school to those of the Maitrayawtya- 
Manavas and of the Vish«u-smr*ti to the Manu-smn'ti, suffi- 
ciently strong to show that also this part of Professor Max 
Miiller's hypothesis is more than an ingenious conjecture. 

In conclusion, I may mention that two other circum- 
stances — a certain agreement between the Maitrayawa- 
brahmawopanishad and the Manu-smrt'ti, as well as the 
preference which the latter shows for North-western India 
in its description of the countries where pure Aryan cus- 
toms prevail (II, 17-22) — may also point to a connexion 
of the Manu-smn'ti and of its original with the Manava 
school. In the Upanishad VI, 37, we find quoted, as a 
generally known maxim, a verse which occurs Manu 
III, 76. Two other verses, Manu VI, 76-77, agree in 
substance with Maitr. Up. Ill, 4 1 , and some of Manu's 
statements regarding the Atman and the results of the gu«as 
or qualities closely correspond to the doctrines taught in 
the Upanishad 2 . On a closer examination these resem- 
blances lose, however, a good deal of their significance. 
For the ideas expressed in Manu III, 76 are likewise 
traceable in a Vedic passage quoted in Vasish/Aa's Dharma- 
sutra. The comparison of the human body to an impure 
dwelling (Manu VI, 76-77) reappears even in Buddhistic 
works 8 . The corresponding philosophical tenets, finally, 

1 Sacred Books of the East, vol. xv, p. 398, note 1. ' See below, p. lxxiii. 
* Dhammapada, 147-150 ; Johanotgen, Das Gesetzbuch des Mann, p. 93. 



Digitized by 



Google 



INTRODUCTION. xlv 



occur in a portion of the Manu-smWti which probably is 
not ancient \ and they are held by several of the special 
schools of philosophy. As regards the passages in Manu's 
second chapter which praise the holiness of the districts 
between the Drzshadvati and the Sarasvatl, and between 
the Yamuna and the Ganga, they may indicate, as Dr. 
Johanntgen thinks 2 , that the home of the school which 
produced the Manava Dharma-sutra lies in those districts. 
If that were certain, it would agree well enough with the 
facts known regarding the ancient seats of the Manavas. 
The latter are a North-western sect, and extended, as the 
Maharcava asserts 3 , from the Mayura hill to Gujarat. 
Unfortunately, however, the Dharma-sutras of Vasish/Aa and 
Baudhlyana contain almost exactly the same statements 
as Manu, and hence the verses of the latter possibly mean 
nothing more than that the Manavas, like many other 
Vedic schools, considered India north of the Vindhyas, and 
especially the districts adjoining the sacred rivers, as the 
true home of Brahmanism and of Aryan purity. 

II. 

While the preceding discussion has shown that our 
Manava Dharmarastra is based on a Manava Dharma-sutra 
which probably was the exclusive property of the Maitra- 
ya«iya- Manava school, we have now to consider some 
questions connected with the conversion of the locally 
authoritative Sutra into a law-book claiming the allegiance 
of all Aryans and generally acknowledged by them. The 
problems which now have to be solved, or at least to be 
attempted, are the following : I. what circumstances led to 
the substitution of a universally binding Manava Dharma- 
jastra for the manual of the Vedic school ? a. why was so 
prominent a position allotted to the remodelled Snm'ti? 

1 See below, p. lxix. 

* Loc. cit. pp. 109-110. 

' Sacred Books of the East, vol. ii, p. xxxi ; and L. von Schroder, Maitriyant 
Sa«nh. I, pp.xxiv-xxviii. The ancient inscriptions name Maitrayana Brahmanas 
as donees in the Central India Agency and Gujarat. The Manava school still 
exists in the latter country and in Khandesh. 



Digitized by 



Google 



xlvi LAWS OF MANU. 



3. how was the conversion effected? and 4. when did it 
probably take place ? 

Though the absence of all historical information, and 
even of a trustworthy tradition, makes it impossible to 
give full and precise details in answering the first question, 
it is yet, I think, possible to recognise the general cause 
which led to the production of that class of secondary 
Smr/tis to which the Manava Dharmajastra belongs l . 
This cause lies, it seems to me, in the establishment of 
special law schools which were independent of any parti- 
cular .Sakha of the Veda, and which supplanted the Vedic 
A'araflas as far as the teaching of the sacred law is con- 
cerned. Evident as it is that the Vedic schools first 
systematised and cultivated the six sciences which, on 
account of their close connexion with the Veda, are called 
its Angas or limbs, it is no less apparent that, as the 
materials for each of these subjects accumulated and the 
method of their treatment was perfected, the enormous 
quantity of the matter to be learnt, and the difficulty of its 
acquisition depressed the Vedic schools from their high 
position as centres of the intellectual life of the Aryas, and 
caused the establishment of new special schools of science, 
which, while they restricted the range of their teaching, 
taught their curriculum thoroughly and intelligently. In 
the Vedic schools a full and accurate knowledge of the 
sacred texts was, of course, always the primary object. 
In order to gain that the pupils had to learn not only the 
Sawhita text of the Mantras and Brahmawas, but also their 
Pada, Krama, and perhaps still more difficult pktA&s or 
modes of recitation. This task no doubt required a con- 
siderable time, and must have fully occupied the twelve 
terms of four and a half or five and a half months which 
the Smrztis give as the average duration of the studentship 
for the acquisition of one Veda 2 . As long as the Angas 
consisted of short simple treatises, it was also possible to 

1 Regarding the various classes of secondary Smn'tis, see West and BUhler, 
Digest, p. 33, third edition. 
* See Manu III, 1, and IV, 95, as well as the parallel passages quoted in the 

notes. 



Digitized by 



Google 



INTRODUCTION. xlvil 



commit them to memory and to master their contents in 
the twelve terms, consisting of the seven or eight dark 
fortnights from the month Pausha to Vaijakha 1 . But 
when the Kalpa or ritual alone reached dimensions as in 
the Sutras of the Baudhayaniyas and Apastambtyas, while 
the grammar developed into as artificial a system as that 
of Pawini, it became a matter of sheer impossibility for one 
man to commit to memory and to fully understand the 
sacred texts together with the auxiliary sciences, especially 
as the number of the latter was increased in early times by 
the addition of the Nyaya or Purva Mfmawsa, the art of 
interpreting the rules of the Veda 2 . The members of the 
Vedic schools were then placed before two alternatives. 
They might either commit to memory all the Vedic texts 
of their Sakhas together with the Angas, renouncing the 
attempt at understanding what they learnt, or they had to 
restrict the number of the treatises which they learnt by 
heart, while they thoroughly mastered those which they 
acquired. Those who adhered to the former course be- 
came living libraries, but were unable to make any real use 
of their learning. Those who adopted the second alterna- 
tive might become great scholars in the science of the 
sacrifice, grammar, law or astronomy, but they could not 
rival with the others in the extent of the verbal knowledge 
of the sacred books. Thus the Vedic schools ceased to be 
the centres of intellectual, and were supplanted by the 
special, schools of science. 

The present state of learning in India proves beyond 
doubt that this change actually took place in the manner 
described, and direct statements in the ancient text-books, 
as well as their condition, allow us to recognise the various 
stages which led up to it. The true modern representa- 
tives of the ancient ATarawas are the so-called Vaidiks, men 
who, mostly living on charity, devote their energy exclu- 
sively to the acquisition of a verbal knowledge of the 

1 See Mann IV, 98, and the parallel passages quoted in the note. According to 
some Smn'tis the Angas might be studied at any time ont of term (Vas. XIII, 7). 

* Regarding the early existence of the Purva MtmS«sa, see Sacred Books of 
the East, vol. ii, p. xxvii ; and the verse on the constitution of a Parishad, 
quoted Baudh. I, 1, 8 ; Vas. Ill, jo. 



Digitized by 



Google 



Xlvtfi LAWS OF MANU. 



sacred texts and of the Ahgas of their Sakhas as well as of 
some other works, more or less closely connected with the 
Veda. A perfect Vaidik of the Ajvalayana school knows 
the Rig-veda according to the Sawmita, Fada, Krama, <Sa/a 
and Ghana FitA&s, the Aitareya Brahmawa and Arawyaka, 
the ritualistic Sutras of Ayvalayana, Saunaka's Pratuakhya 
and the Siksha, Yaska's Nirukta, the grammar of Pamni, 
the Vedic calendar or Gyotisha, the metrical treatise called 
the ATAandas, Ya^wavalkya's Dharmarastra, portions of the 
Mahabharata, and the philosophical Sdtras of Kawada, 
Gaimini, and Badaraya«a. Similarly the Vaidiks of the 
Ya^us, Saman, and Atharvan schools are able to recite, 
more or less perfectly, the whole of the works of their 
respective Sakhas as well as some other non-Vedic books 1 . 
But it would be in vain to expect from such men an ex- 
planation of the literary treasures which they possess. It 
is not the professional Vaidik who can perform the great 
sacrifices according to the Srauta-sutras, interpret the intri- 
cate system of Pimm's grammar, or decide a knotty point 
of law according to the Dharma-sutra or the secondary 
Smr*'ti which he knows by heart. For these purposes one 
must go to quite different classes of men. The performance 
of the great Srauta sacrifices lies in the hands of the .Srotriya 
or Srautl, who unites with a thoroughly verbal knowledge of 
the sacred texts of his Sakha a full acquaintance with the 
meaning of the .Srauta-stitras and with the actual kriya or 
manual work, described in the Prayogas. The Srauti, as 
well as his humbler fellow-worker, the so-called Ya^wika or 
Bharta^i, who knows the Grzhya-sutras and performs the 
rites prescribed for domestic occurrences, likewise both 
belong to the representatives of the Vedic schools. They 
make, however, no pretence to a knowledge of the whole 
range of the Angas, but content themselves with studying 
the Kalpa, or parts of it, and perhaps the .Siksha 2 . Real 

1 Regarding the necessity for a Vaidik to learn non-Vedic books, see Vas. 
XXVII, 6. 

' Regarding the present condition of the Vedic schools and of Vedic learning, 
see Hang, Brahma und die Brahmanen, p. 47 ; and R. G. BhWBrkar's careful 
paper, ' The Veda in India' (Ind. Ant. Ill, 132 sqq.) From personal observa- 



Digitized by 



Google 



INTRODUCTION. xli 



IX 



proficiency in the other still surviving Angas, grammar, 
law, and astronomy is to be found only with those Pa»*flts 
who fulfil their duty of studying the Veda by committing 
to memory a few particularly important sections, such as 
the Pavamanl-hymns of the Rig-veda or the Satarudriya 
of the Ya^ur-veda, or by confining themselves to the few 
verses which occur in the Brahmaya^wa and the Sawdhya- 
vandana 1 . Their chief aim is to be perfect in one or more 
of the special sciences which they study, without reference 
to a particular Vedic school. Thus, though a "Pandit who 
chiefly devotes himself to the sacred law may belong to the 
Vedic school of Baudhayana or Apastamba, he will not 
make Baudhayana's or Apastamba's Dharma-sutra the 
starting-point of his studies. On the contrary, it will fre- 
quently happen that he possesses no knowledge of the 
Dharma-sutra of his school, except a few passages quoted 
in the commentaries and digests. If he has read the whole 
work, he will consult it only as one of the many utterances 
of the ancient sages. He will not attribute to it a higher 
authority than to other Smrrtis, but interpret it in accord- 
ance with the rules of the secondary Dharmajastras of 
Manu or Ya^vlavalkya. A good illustration of this state 
of things is furnished by Saya«a-Madhava's treatment of 
Baudhayana in hisVyavaharamadhava, a treatise on civil and 
criminal law supplementing his commentary on Parajara's 
Smri'ti. Though he himself tells us, in the introduction to 
the Parlyara-smrj'ti-vyakhya 2 , that he belonged to the 
school of Baudhiyana, and though he seems to have written 
a commentary on Baudhayana's Sutras, he relies, e. g. for 
the law of Inheritance, not on Baudhayana's Dharma- 
sutra, but on V^vTanervara's exposition of Ya^vJavalkya. 
He quotes Baudhayana only in three places 3 . As far as 
the law is concerned, Sayawa follows the theories of the 

tion I can add to Professor BhaWarkar's statements that Vaidiks of the White 
Ya^ur-veda are found also in Northern India. I have also heard of Vaidiks of 
the Sima-veda among the Parvatiyas in the Panjab, and of the Atharva-vcda 
in the Central India Agency. 

1 BhaWarkar, loc. cit. p. 132 note. 

* Pararara-snm'ti-vyakhya, p. 3, ver. 7 .(Calcutta edition). 

* Burnell, Dayavibh&ga, pp. 9, 39, 41. 

C*5] d 



Digitized by 



Google 



1 LAWS OF MANU. 



special law school of his time and of his country, without 
particular reference to the teaching of his Vedic /Tarawa. 

This depression of the Vedic A"ara«as through special 
schools, which took over the scientific cultivation of a most 
important portion of the Angas, is not of modern date. It 
goes back to a time which lies long before the beginning of 
the historical period of India. We have various indications 
in the ancient books which force us towards this conclusion. 
Thus Yaska's Nirukta, a work which undoubtedly belongs 
to a very early period, quotes Vaiyakarawas, grammarians ; 
Nairuktas, etymological exegetes ; and Ya^nikas, ritualists ; 
and contrasts their conflicting opinions 1 . If these schools 
were at issue with respect to grammatical or exegetical 
questions, it follows that the subjects which they taught 
were no longer cultivated by the same persons as auxiliary 
branches of the Vedic lore, but that each had received in a 
special school a separate development as an independent 
science. The actual condition in which the various Angas 
have been preserved, fully agrees with this view. It shows 
that two at least, grammar and astronomy, slipped away 
from the control of the Vedic A"ara«as in very early times. 
For not one of those schools, the text-books of which have 
survived, possesses a grammatical or an astronomical hand- 
book of its own. Pawini's Ashtfadhyayt is the sole repre- 
sentative of the Vyakarawa class of the Angas, and is 
equally acknowledged by the followers of all Vedas. But 
grammar, as taught by Pacini, is no longer a mere hand- 
maiden of the Vedavidya. It is an independent science 
which lays down the laws, applicable to the whole Sanskrit 
language, and treats what we now call the classical San- 
skrit as the standard of Aryan speech, the Vedic forms as 
anomalies. As the numerous quotations of older schools 
and older teachers in Pawini's own work, in the PratLsakhyas, 
and in Yaska's Nirukta clearly show, a very considerable 
number of more ancient works did precede the Ash/1- 
dhyayt, and the latter is undoubtedly the final outgrowth 
of a long scientific development 3 . A good many of the lost 

• Nirukta I, ia;V, n; VII, 4; XIII. 9. 

* See Max Miiller, History of Ancient Sanskrit Literature, p. 150, who says 



Digitized by 



Google 



INTRODUCTION. ll 



works seem to have treated grammar from the same stand- 
point as Pa«ini's book. But it may be reasonably supposed 
that the earliest among them mainly or even exclusively 
taught the rules applicable to the Vedic texts, studied by 
the several ATarawas to which the authors belonged. This 
stage of grammatical research belongs, however, to a remote 
past. Indian grammar, as it first becomes known to us, is 
no longer entirely subservient to the wants of the Veda- 
study, but works, though it still takes account of the Veda, 
for its own ends. 

The science of astronomy is still more loosely connected 
with the Vedic schools. All the traces of its really having 
been an Anga consist in the small treatise, entitled Gyotisha, 
of which two slightly different recensions are extant, one 
belonging to the Rig-veda and one to the Ya^-ur-veda. All 
the other works on this subject, even the ancient ones such 
as the Gargl Samhita, as well as the Vasish/Aa Samhita 
and Siddhanta, show no connexion with the Veda or Vedic 
schools, except that their authorship is ascribed to /?t'shis 
or descendants of the families of AVshis. 

As regards the sacred law, the fact that such late off- 
shoots of the Vedic tree, as the Apastambtyas and the 
Hairawyakejas, possess Dharma-sutras, proves that this 
subject much longer formed part of the curriculum of 
the Vedic schools. But already one of the most ancient 
grammarians of the historical period of India, Patawgali, 
hints that in his times the Dharma was taught not only 
in the Vedic but also in special schools. For on the one 
hand he refers to the Dharma-sutras 1 , on the other he 
teaches the formation of a special word, dharmavidya, 
which denotes ' a person who studies or knows the dharma- 
vidya, the science of the sacred law 2 .' Possibly the word 
dharmarastra, the Institutes of the sacred law, which occurs 

most appropriately tbat the Hindus ought to speak not of the Pa>;iny£dy& 
▼aiyakaransLA, but of the P&rinyantiU. 

1 See the remarks on Panini I, I, 47. 

* See the remarks on Panini IV, a, 60 (vol. ii, p. 348, Kielhom). I follow 
Dr. Kielhom, who prints the words ' vidyS Hnangakshatradharmatripurva ' as 
a remark of Pata%ali, not as a Varttika of Katvayana. 

d 2 



Digitized by 



Google 



Hi LAWS OF MANU. 



occasionally in his Bhashya 1 , may also point to manuals, 
studied by the special schools, which differed from the 
Dharma-sutras. But it is not absolutely conclusive, as a 
Dharma-sutra too may be called a Dharmarastra, because 
it teaches the sacred law. If we go back to still earlier 
times we find the existence of special law schools clearly 
indicated even in some of the Dharma-sutras. The passages 
which are most explicit on this point are those which 
describe the constitution of a Parishad or an assembly of 
learned men, entitled to decide doubtful law cases. For we 
read, Vasish/^a III, 20, and Baudhayana I, 1, 8, ' Four men 
who each know one of the four Vedas, a student of the 
Mimawsa, one who knows the Arigas, one who recites (the 
works on) the sacred law (dharmapa/Aaka), and three 
Brahmawas belonging to (three different) orders (constitute) 
an assembly consisting of, at least, ten (members) 2 .' Here 
the reciter or teacher of the sacred law is named side by 
side with him who knows the Angas. As the two works 
in which the verse occurs are Dharma-sutras belonging to 
the Kalpa section of the Angas, it is evident that the 
teacher of the sacred law must be a person who specially 
devotes himself to the study of that subject, and knows 
more than one Dharma-sutra. Hence it follows that 
special law schools must have existed at the time when 
these two Dharma-sutras were composed 3 . It may also be 
that already then these special schools had elaborated 

1 See KStyayana's Varttika 59 on Panini I, 2, 64, and Patarijfali's remarks 
thereon (Kielhom, Mah. vol. i, p. 242). 

* See also Manu XII, 1 1 1 ; and above, p. xxv. 

3 The significance of the passage quoted comes out still stronger, if we com- 
pare Gautama's rule (XXVIII, 49), which diners very considerably: 'They 
declare that an assembly (parishad, shall consist) at least (of) the ten follow- 
ing (members, viz.) four men who have completely studied the four Vedas, three 
men belonging to the (three) orders enumerated first, (and) three men who 
know (three) different (institutes of) law.' Gautama says nothing of men speci- 
ally devoted to the study of the sacred law. He requires three persons, knowing 
three different Dharma-sutras. He and Apastamba are perfectly aware of 
the fragmentary character of their rules, and particularly refer their pupils 
(Glut. XVI, 49; Ap. I, 3, 11, 38) in certain cases to the teaching of other 
schools, which, being comprised under the general term Smrtti, have authority, 
provided the teachers were orthodox 5ish/as (Gaut. I, 2 ; Ap. I, 1, 1, 2 ; Vas. 
1,4; Baudh. I, 1,1,3). 



Digitized by 



Google 



INTRODUCTION. 




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 AnushAibh-.Slokas 1 . 
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. 

Digitized by LjOOQlC 



Hv 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 Smr/tis, the chief surviving repre- 
sentatives of which are the Dharm&rastras of Manu and 
Yi^viavalkya. 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-smr*ti 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 "Pandits, who especially 
devote themselves to the study of law, will be patent to 
every student of the Dharmajastras. 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 
feet that the description of the duties of the king, including 



Digitized by 



Google 



INTRODUCTION. lv 



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 l . None of the older 
law-books devotes more than one-fifth of its text to such 
matters 2 . The freedom of the Manu-snWti 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 Pauramk sects as we 
find it recommended, for instance, in the Vish«u-smr*'ti. 
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 phahuruti 
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 3 . 

1 About the same ratio, 367 : 1009 is found in Ys^tfavalkya's Smn'ti. 

* Thus in the Gautamtya, seven pages of the text out of thirty-four are filled 
with legal matters ; in the VasishMa, twelve pages out of eighty-one ; in the 
Apastambtya, ten out of ninety-eight ; and in the Baudhayantya, about seven 
out of a hundred and fifteen. 

• Other secondary Smn'tis, e. g. Ya^flavalkya's (III, 330-334), give much 
more detailed statements regarding the rewards to be obtained. But in 
substance they always agree with Manu. 



Digitized by 



Google 



lvi 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 
Smrttis 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 1 , we obtain also satisfactory answers to two 
other questions. 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 8 , 
had undertaken the revision of their Dharma-sutra, they 
would not have forgotten to mention such ceremonies as 
those which, according to their Gr?hya-sutra, must be per- 
formed on beginning the study of particular portions of their 
Sawhita 3 , and, above all, they would have allowed Man- 
tras belonging to the Maitrayawi .Sakha 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-smrtti 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-snw'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-sOtra 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, 1881-83, 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. 



Digitized by 



Google 



INTRODUCTION. Mi 



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-snWti 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, Sarawyu, made to take her place 1 , 
or as the offspring of Svayambhu, self-existent Brahman *. 
In the same quality he is invoked at the sacrifices as 
pra^apati, the Lord of created beings 8 , and in Kutsa- 
yana's hymn of praise, which is quoted in the Maitrayawa 
Brahma#opanishad (V, i), 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 6 . 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 7 , and the Satapatha-brahmawa opens 
one of its legends regarding him with a passage which repre- 
sents him as following the usual daily customs of men 8 . 

Manu's position as the progenitor of mankind is usually 

1 Valakhilya IV, I; Atharva-veda VIII, io,*4; Sat Br. XIII, 4, 3, 3; and 
Nirukta XII, 10. 

* See the Vedic iloka quoted Nirukta III, 4, about which more will be said 
below. A third account, Valakhilya III, 1, makes him the son of Samrarawa, 
who possibly may be identical with the Jfishi mentioned RV. V, 33, 10. 

» Taitt. Samh. Ill, 2, 8, 1 ; IV, 1, 9, 1 ; Vig. Samh. XI.66 ; Maitr. Sawh. II, 7, 7. 

* The edition reads annam, food. But Professor Max Miiller's MS. has cor- 
rectly Manu (S. B. E. XV, p. 303 note). My copy has HIT . 

* Nirukta XII, 33-34. • RV. I, 80, 16 ; 1, 1 1 J, 16, Sec. 

* Taitt Samh. Ill, 1, 9,4. 

* 5at Br. I, 8, 1 ; Sacred Books of the East, vol. xii, p. a 16, 'In the morning 
they bronght to Maun water for washing, just as they (are wont to) bring 
(water) fox washing the hands.' 



Digitized by 



Google 



lviii LAWS OF MANU. 



indicated in general terms only. In the Rig-veda he is 
repeatedly called ' Father Manu V 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 2 . But in the famous legend of the Hood, given by 
the 5atapatha-brahma«a 3 , we have a circumstantial account 
of the manner in which he produced the human race. 
According to that Brahma#a, 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^na. His oblations produced a 
woman, \dk or I/a, a personification of the \dk ceremony 
and of ' the blessing of the sacrifice.' Though solicited by 
Mitra and Vanwa 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 
Brahmawa*, 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 5 , which speak of his coronation, or make him 



1 RV. I, 80, 16 ; 1, 124, 2 ; II, 33, 13, &c 

« RV. Ill, 24, 3 ; Taitt. Sa/wh. 1, 5, 1, 3 ; I, 5, 6, l ; III, 4, 22 ; III, 4, 3, 7 i 
VI, 1, 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. 

5 See e.g. >Satapatha-brahma*a XIII, 4, 3, 3, and RV. I, 112, 8. In the 
latter passage the epithet jflra, the hero, characterises Mann as a royal personage. 



Digitized by 



Google 



INTRODUCTION. lix 



the ancestor of kings. Thus a Mantra, recited at the 
Abhisheka of a king 1 , asserts that Pra^apati formerly 
anointed Indra, Soma, Varu«a, Yama, and Manu, and 
among the mythical kings 5aryata is called Manu's son a , 
while Pururavas is the offspring of Manu's daughter, Idk or 
I/a 3 . 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 Kola, 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 4 which 
speak of Manu's sacrifices, and of his having kindled the 
sacred fire, or invoked the gods to accept the offerings of the 
7?/shis just as they accepted those of Manu. The same 
assertions are repeated in the Ya^ur-veda 6 , and the 5ata- 
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 
.Sraddhas or funeral sacrifices. The chief passage bearing 
on this point occurs in Apastamba's Dharma-sutra II, 18, 1, 
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 
•Sraddha.' 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 



1 Ait Br. VIII, 8, 1. 

* Sat. Br. IV, 1, 5, a ; compare also Ait. Br. IV, 33 ; VIII, ai, where the 
name is Siiy&ta.. 

' RV. 1, 31, 4 ; X, 95 ; and Sat. Br. XI, 5, 1, 1. In the first passage I take 
manave in the sense of m&nav&ya. 

* See Bergaigne, Religion VMique, I, 63-70, where, it seems to me, a great 
many difficult passages hare been explained more successfully than in the 
translations of other Vedists, who take the word manu too freely in the sense 
of man. 

* Scee.g.Taitt.Sawh.1,7,1,3; 11,5,9,1; III, 3, s, 1; V,4,io,5. 



Digitized by 



Google 



lx LAWS OF MANU. 



a longer story contained in such a work 1 . It is probably 
on account of this legend that ' Manu, the offspring of the 
Sun,' receives in the Mahabharata 2 the epithet Sraddha- 
deva, which may be rendered either ' the deity of the 
Sraddha,' or, perhaps better, ' he whose deity is the .Sr&ddha, 
i. e. the •S'raddha-worshipper.' Closely connected with 
Manu's position as inventor of sacrifices is the ancient myth, 
mentioned above, which makes him the father of \dk ; and 
from the same idea spring probably the legends regarding 
his bull, whose voice destroyed the demons, and regarding 
the sacrifice of his wife, Manavl 3 . 

That Manu was credited with the revelation of Mantras 
has been stated above 4 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 
JZishis of the White Ya^ur-veda, while the Sarvanukramawt 
of the Rig-veda ascribes five entire Sflktas, VIII, 27-31, to 
Manu Vaivasvata, as well as a few verses to Manu Apsava 
and to Manu Sawvarawa. An interesting passage in the 
beginning of the last section of the ATAandogyopanishad 8 
informs us that that work was revealed by Brahma (Hira- 
wyagarbha) to Pra^apati (Karyapa), by Praj-ipati 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 

1 If Professor Max Miiller, India, What can it teach us? pp. 334-235 and 
365, thinks that Apastamba's passage betrays a consciousness of the later origin 
of the Sraddha 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 Brahmanas similar introductions, in which the Devas play the 
part of Manu, are prefixed to the descriptions of most sacrifices. As the Staddhas 
specially concern men, the father of mankind is very appropriately represented 
as their inventor. 

* Mah. XII, 1 a 1, 29. 

* Sacred Books of the East, vol. xii, pp. 39-30 ; see also the passages and 
essays quoted there in note I. 

* See p. xvi. 

* Sacred Books of the East, vol. i, p. 144. 



Digitized by 



Google 



INTRODUCTION. lxi 



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 religious subjects. Though the .Oandogya is probably 
not as ancient as the Samhitas of the Ya^-ur-veda, or even 
as the T&ttdya, 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 Samhitas and Brahmanas 
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-sawhita which declares that Manu 
divided his estate among his sons. Baudhayana 1 , 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 .Sloka 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 V The text 
shows the Vedic accents, the use of which appears to be 
confined to the Sawzhitas and Brahmawas. As the verse is 
emphatically called a Sloka, it cannot have been taken 

1 Sacred Book* of the East, vol. xiv, p. 324. 

' I do not share Professor von Roth's misgivings (Nirukta, Notes, pp. 34-16) 
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 rilulokabhyam, 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. 



Digitized by 



Google 



lxii LAWS OF MANU. 



from a work of the former class. It probably belongs to 
one of the lost accented Brahma«as. 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-smn'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-sQtras the verses which contain the phrase 
' manur abravit, thus Manu has said,' or equivalents thereof, 
become more frequent. The passages of Vasish/Aa and of 
.Sahkhayana in which it occurs have been discussed above. 
Two verses of this description are found in Baudhayana's 
Dharma-stitra (IV, 1, 13; a, 15), and a considerable number 
in Uranas' aphoristic Dharmajastra 1 . In the Mahabharata 2 , 
in our Manu-smrzti itself, in the Narada-smnti 3 , 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 vicariously for appeals to the 
teaching of the Veda 4 and of Pra^apati. That the cause of 

1 Instances of this kind occur, especially in the fraddhakalpa, chapter IV, 

H^fir wa ifta: 1 4«i4<ft'ii4«i^Afe m fart un^tfl^ (sic) » 

WtWMmi'141'tl ^HlO|Vr<l'4IV ^ I ^RS (J$U*llilMf U.frlfll'*l«J*.d«fll^ 
(sic) M and in chapter VI, 7TB: ^MiUHIHfl *tfftr g ftjBM*n I TO^IST- 

^Nrftu *-j: *j»m'qqia<fl n 11 yaprrcrrfa fwrfa vransr: s^sto 

* Proceedings of the American Oriental Society, October, 1883, p. xix. 

' J. Jolly, Tagore Lectures, p. 46. 

4 Compare e.g. Vas. XVII, 10-11, and Manu IX, 182-3. 



Digitized by 



Google 



INTRODUCTION. lxiH 



its adoption was not the existence of a primeval Mlnava 
Dharma-sutra or 5astra, but the belief 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 1 is sometimes 
called Manva£arya and sometimes Manava£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 Mahabharata 2 and of the Puranas. 

' All I can adduce regarding the tradition of the Manavas it found in some 
not very clear verses of the Mangalataranas, prefixed to the two books of 
Ash/avakra's commentary on the Gr«hya-sQtra. In the beginning' of the 
prathamapumshabhashya he says, according to Professor Haug's MS. (Munich 

Roy. Lib. Sansk. MSS., No. 51), ?pft *TnmrrCT[n] HHqU l frq TO I TOT. 

h«i<i*^hi jpgyigrft^ CO 'fipj i «K«$«HmiPH (?) ii : ing 

«n.«Sfil II My MS. omits the invocation of the Bh&shyak&ra and of Manava- 
Hrya and reads in the last line *R*flrMHlf»( Jk£|4|£ *rf° II The dvitlyapuru- 
shabhashya begins, according to my MS., BI.MWI: B«I^H H^H^IWTSJtT I 

Hiprransrar^rt: icwrrw iw^ir: mii ^tw^to ^f wi f?T 3 (?) 
wMiftH i sift sjfr 1 *3nmyft fyrma d fqfr ii^ii ?!»r«df> irt ^ff 
twt ct vnwk i irrff wn*iir«jjpi [^jrwiFigipf ?] ^¥^Tfwnr»ji^ii|ii 

In the first line of the second verse I propose to read fUMIMtUJ ^*«1 ^W jjyt 
♦Ktsnl*^ and to translate, 'As the venerable Manavafrarya composed this 
(Sfltra) by the favour of Sarasvatt, (even so) the (commentary) called Purana 
was carefully written by Ash/dvakradeva after he had pleased Sarasvatt, 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 ManavaHrya or Manva£arya composed the Grihya- 
sfltra, which was also called Brihaddharma, by the special favour of the goddess 
Sarasvatt. 
' See Mah. XIII, 66, 13. 



Digitized by 



Google 



lxiv 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-smr/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 Smriti regarding Manu. When he is 
represented there as a descendant of self-existent Brahman 
and a Pra^apati who takes a prominent part in the creation, 
or as identical with the supreme Brahman 1 , and on the 
other hand as a Rishi 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 
SnWti, are likewise clearly developments of Vedic ideas. 
Thus the interposition of the androgynous Vira^ - 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 2 , when 
Trithi Vainya milked from her agriculture and grain-bearing 
plants.' It would, therefore, seem that Vir^f , 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 Katya- 

1 The same identification occurs Man. I, I, 31. 

* This statement alludes to the fact that Indian cows do not allow themselves 
to be milked, except when their calves stand by. 



Digitized by 



Google 



INTRODUCTION. lxv 



yana composed his Sarvanukramanika of the Rig-veda, 
in the existence of several distinct Manus. Finally, the 
association of the ten great sages whom Manu Svayam- 
bhuva created, and who in turn created other Manus 
(1, 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^apati and of the 
sages.' But the complete development of the myth of 
Manu belongs to the schools of the Paurawikas and 
Aitihasikas, and we find in the Purawas and in the 
Mahabharata many legends which are partly identical with 
or closely related to that told in our Smrt'ti *. 

The third problem, to say how the conversion of the 
Manava Dharma-sutra into our Manu-snv*'ti 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- 
snvz'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-sawhita 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 Sutras of Gautama, Baudhayana, 
Apastamba, and Vasish/!&a, probably occurred also in the 
Manava Dharma-sutra. Single exceptions are, of course, 
possible, because, though the Dharma-sfitras 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 

1 See H. H. Wilson, Vishmi-parW, vol. i, pp. 104-5 (cd. Hall) ; Professor 
Hopkins, Journal of the American Oriental Society, vol. xi, pp. 247-256. 

05] e 



Digitized by 



Google 



Ixvi LAWS OF MANtJ. 



revision. To a certain extent we may also avail ourselves 
of the Vish»u-smr*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 Kanaka Dharma-sAtra, 
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-sutra, 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 Medhatithi 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 Manava 
Dharma-sutra. Nearly all the rules are found in the other 
Dharma-sfitras and in the Vish«u-smr*ti, 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 1 , a considerable number of smaller and some 

1 These verses probably mark the subdivisions of the Adhyayas, the Kawdikas 
or KnaWas of the ancient Sutra. 



Digitized by 



Google 



INTRODUCTION. lxvii 



larger interpolations. To the latter belong, in the second 
chapter, w. 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 .rila and a£ara*. The contents of the remaining 
verses, the praise of the Manu-smrz'ti (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 Sruti and Smrz'ti, and the 
declaration of their authoritativeness, are likewise super- 
fluous, and clearly later enlargements. The second passage 
(w. 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, w. 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 Vyahrz'tis, and of 
the Savitri (vv. 76-87), as well as that on the humility and 
meekness required of a Brahmawa (w. 160-163), and that 
on the worship due to parents and a teacher (w. 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 (w. 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 (w. 46-50), 
on the honour due to women (w. 55-60), on the excellence 
of the order of householders (w. 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 

1 See note to the translation, 

e 2 



Digitized by 



Google 



lxviil 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 importance of the orders at the end of chapter 
VI. In the fourth chapter the first section on the means by 
which a Brahmawa may subsist (w. 1-24) is exceedingly 
suspicious. The Dharma-sutras, e.g. Vasishtka. XII, 2-4, no 
doubt sometimes prefix brief hints on the manner in which 
a Snataka may support himself, to the rules regarding his 
behaviour. But they do not mention the curious classifica- 
tion of the means of subsistence, Rita, Amn'ta, Mrz'ta, 
Pram/7ta, and .Svavrztti (w. 5, 6), which, though common 
in the Pura«as and other later works, is unknown in Vedic 
literature. As, moreover, Vasish/^a's rules, which enumerate 
the persons by whom a Snataka 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 w. 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 Sutrakaras were acquainted with a classifi- 
cation of the regions of punishment, their enumeration ought 
not to stand here, but, as in the Vish«u-smr*ti, at the 
beginning of the section on crimes and penances. Other 
probable interpolations are w. 173-174 on the results of sin, 
w. 180-185 on the reasons why quarrels with near relatives 
should be avoided, w. 238-243 on the reasons why spiritual 
merit should be accumulated. Finally, the section on gifts 
and the acceptance of gifts (w. 186-197) seems to be 
strongly mixed with modern elements. The next fol- 
lowing two chapters present fewer suspicious passages. 
Nevertheless, the preamble to the section on forbidden 
food, V, 1-4, the verses 19-21, which prescribe the penances 
for eating mushrooms, onions, leeks, and so forth, must be 
certainly rejected. For the former belong to the artificial 
framework which has been placed round the old Sutra, and the 
latter ought to stand in chapter XI. From the quotation in 



Digitized by 



Google 



INTRODUCTION. lxix 



VasishMa IV, 5-8, it is further evident that the rules on the 
permissibility of meat have been much altered and enlarged 
in accordance with the growing repugnance against the 
slaughter of animals. The last section of the same chapter, 
on the duties of women, has probably had the same fate. 
The example of the V&sish/Aa Dharmajastra shows that 
some of the old Sutrakaras treated the duties of women in 
two separate sections 1 . But it also proves that they did 
not, as our Manu-smrsti does, go twice over the same matter. 
It is evident that either here or in the beginning of the ninth 
chapter the same verses have been needlessly repeated by 
the author of the remodelled version. In the sixth chapter 
there is only one passage, w. 61-82, which goes beyond 
the range of the Dharma-sutras. None of the latter enters 
into such details regarding the meditations to which an 
ascetic must give himself up in order to attain salvation. 
The subject naturally tempted the remodeller of the Smrj'ti 
to expand the shorter notes of the original. Very different 
is the case of the next three chapters, VII-IX, which treat 
of the duties of a king, and of civil and criminal law. 
These sections probably bear only a faint resemblance to 
the corresponding portions of the original work. Among 
the 226 verses of the seventh chapter there are only fifty-four 
to which passages of the Dharma-sutras and the Vishwu- 
smrfti correspond. If one pays attention to the rules 
regarding the king's duties, given in the Dharma-sutras of 
Gautama, Apastamba, and Vasish/Aa, as well as to the 
references to the opinions of the Manavas and of Manu, 
made in the Kamandakiya Nitisara", it would seem probable 
that the contents of this section of the Manava Dharma- 
sutra cannot have differed very much from those of the 
third chapter of Vishwu, and that about two-thirds of 
the seventh AdhyAya of our Manu-snv*'ti have been added 
when it was recast. With respect to the eighth chapter and 
the first 324 verses of the ninth, which give the rules 
regarding the eighteen titles of the law, the remodeller 
seems to have been equally active. We must ascribe to 

1 See Va*. V and XVII, 55-80. * See above, p. xxxvi. 

Digitized by LjOOQlC 



lxx' LAWS OF MANU. 



him the systematic arrangement of the legal rules, which is 
not found in any of the ancient Dharma-sutras, and is even 
neglected in the Vishwu-smrzti. He is most probably also 
responsible for more than one-half of the verses of these 
chapters. In the eighth Adhyaya only three-sevenths of 
the rules of our Manu can be traced in the Dharma-sutras 
or in the Vishwu-smrzti, which latter, as far as these topics 
are concerned, may be considered a faithful representative 
of the Kanaka Dharma-sutra 1 . Two of Manu's titles, con- 
cerns among partners 2 and the resumption of gifts, are 
not mentioned in the older works ; and the rules under a 
third, rescission of purchase and sale, have no resemblance 
to those of Vish«u. In the ninth chapter the chief topics, 
treated under the head, duties of husband and wife, are 
discussed or at least touched on in the Sutras. But the 
latter place them differently, and give them much more con- 
cisely. The notes to the translation show that only one-fourth 
of Manu's verses corresponds to utterances of the ancient 
teachers. The section on inheritance has probably suffered 
much less, since upwards of eighty verses out of one hundred 
and seventeen agree with the teaching of the Sutras, and since 
among those, the contents of which are not represented in 
the older works, only eleven, w. 108-110, 138-129, 133, 138, 
147, 184, 215, and 217, are really suspicious or clearly inter- 
polated. Most of these latter contain clumsy repetitions of 
matters discussed in other places, and v. 217 gives a supple- 
mentary rule which but ill agrees with the spirit pervading 
the remainder of the section. Some of the other, apparently 
unsuspicious, verses may, of course, possibly be interpola- 
tions. But their contents are in harmony with the spirit of 
the Dharma-sutras, and with the eliminations, proposed 
above, Manu's theory of inheritance and partition is self- 
consistent. The views, expressed under the eighteenth title, 
on gambling and betting, agree with those of Gautama and 
Baudhayana, who both strongly disapprove of these prac- 

1 To this conclusion points the absence of systematic arrangement in Vishwu 
III-V. 

3 Manu's rules on this subject have probably been borrowed from a Srauta- 
sfttra, where the distribution of the sacrificial fees is usually explained. 



Digitized by 



Google 



INTRODUCTION. lxxi 



tices. The former enumerates the gambler among the men 
who defile the company at a Sraddha, and the latter names 
gambling among the crimes which render men impure. 
Though Apastamba and Vish«u are less puritanical, and 
permit gambling under royal, i. e. police-supervision, or pro- 
vide only punishments for cheating (Vishmi V, 134-135), the 
teaching of our Smr*ti is, nevertheless, probably ancient. 
But the section has been enlarged by the addition of mis- 
cellaneous rules and by the allusion to the evil results of 
gambling ' in former ages/ i. e. to those exemplified by the 
fate of Yudhish/Aira and Nala. The last 106 verses of the 
ninth chapter which, according to the table of contents in the 
first chapter, teach the removal of (men nocuous like) thorns 
(kan/akoddharana), correspond to a part of the prakiroaka 
or miscellaneous rules of Ya^navalkya and Narada. 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 w. 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 



Digitized by 



Google 



lxxii LAWS OF MANU. 



attained in successive generations, as well as regarding the 
manner in which men of low descent may be detected. 
Our Manu-smn'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, w. 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. w. 11 3-1 14) and partly 
misplaced (e. g. vv. m, 115-117, 119) 1 . 

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-smf iti. 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, w. 1-431 
with the section on penances. The excuses which the 
commentators offer for this anomaly 2 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- 
skittak&ndsi. A passage of the Mahabharata, which will be 

1 A characteristic sign of the great changes which chapters VII-X have 
undergone consists in the allusions to legends famous in the Puranas and the 
Mahabharata ; see also below, p. lxxix. 

1 See note on Manu XI, 1. 



Digitized by 



Google 



INTRODUCTION. lxxiii 



discussed below, shows exactly the same combination as 
our Snv/ti. 

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 Sawkhya, Yoga, and Vedanta systems, and 
some traces of which are found in the Maitraya«abrahma«o- 
panishad 1 . Equally or similarly minute details are, how- 
ever, to be met with only in the Purawas, the Mahabharata, 
and some of the metrical Smrttis, which blend philosophical 
ideas with the sacred law. The next following discussion 
on the karmavipaka, the results of sinful acts in future 
births, w. 51-81, is altogether wrongly placed. It evidently 
ought to stand in the beginning of the section on penances, 
where Vish«u and Ya^navalkya have a number of corres- 
ponding Sutras and verses. As it is found in the Manu- 
smrt'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, w. 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, w. 116-126, cannot have 
formed part of the Dharma-sutra, as it again refers to the 
myth concerning the origin of the Sastra, narrated in the 
spurious first chapter. But the small piece on the manner 
of deciding doubtful legal questions, w. 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-snw'ti cannot have 
been derived from the ancient Manava Dharma-sutra, we 

1 Maitr. Up. Ill, 3, 5, 6 ; compare Mann XII, xii, 3 j-33. 

Digitized by LjOOQlC 



lxxiV 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-smr/ti 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 Srro-itis. Many years 
ago Professor Weber 1 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 Dharmaxastra. 
He inferred from these facts that the existing Manu-smrz'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 Slokas, especially in the twelfth and thirteenth 
Parvans of the great epic with verses of the Manu-smr/ti, 
has been drawn by Rao Saheb V. N. Ma«<flik 2 , who is 
convinced that the editor of the latter has drawn, to a 
large extent, on the former work. Of late Professor 
Hopkins 3 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-snWti, but that a floating mass of 

1 History of Indian Literature, p. 279 ; compare also Professor Stenzler in the 
Indische Studien, vol. i, p. 145. 

* The Mayukha and Ya^tfavalkya, introd. to YigH. 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. 



Digitized by 



Google 



INTRODUCTION. IxxV 



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-smn'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 Smrrti, or if it differed from both. According 
to what has been said above 1 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 Smriti of his. 
Hence the number of passages useful for comparison is very 
much restricted. Those only which explicitly mention a 
6astra 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 Dharmarastra not identical but closely connected 
with our Smrrti. Thus we read, Mah. XII, 56, 23-25, 
where the power of Br&hmawas is being described, ' High- 
minded Manu likewise, O king of kings, sang two Slokas in 
his Laws (sveshu dharmeshu), those, O descendant of Kuru, 



1 See p. lx. 

Google 



Digitized by ' 



lxxvi 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 (34). When iron strikes stone, 
when fire meets water, when a Kshatriya shows hostility to 
a Brahmawa, then these (three assailants) perish.' Again, 
Mah. XIII, 46, 30-36, in a discussion on the prerogatives of 
a Brahmawa's Brahmawi 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 
(manunabhihitam 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/Aira, he is declared 
to be (as despicable as) a K&nddla. (sprung from the) 
Brahmawa (caste 36).' Nothing can be clearer than these 
two passages. The second speaks plainly of a .Sastra pro- 
claimed by Manu, and the first of his Dharma/*, 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 .Sastra of the Maha- 
bharata and our SnWti, a third from the Ra^adharmas 
of Manu Pra£etasa — i. e. from the section on the duties of 
kings belonging to the Manava 1 — reveals a greater dis- 

1 Though I will not deny that some show of argument might be made for 
the supposition that the Ra^adharmas of Manu Praietasa were a separate work, 
different from the 6'astra referred to in the preceding quotations, because the 
epithet PriUetasa is here added to Manu's name, and because at Mah. XII, 38, a, 
we find Manu Praietasa named as the author of a Ra£aHtstra in company with 
Bnhaspati and Uranas, to whom separate Nttuastras 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, 5 1) Vaivasvata. Further, a sepa- 
rate Nituastra 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 Ra^adharmaA, 
and the commentators of our Manu-smn'ti call its seventh chapter expressly by 
this name. 



Digitized by 



Google 



INTRODUCTION. lxxvii 



crepancy. We read, Mah. XII, 57, 43-45, ' And the 
following two verses are pronounced 1 by Manu Pra£etasa 
in the Law of kings, listen to them attentively, O lord of 
kings I (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 
.Sastra — 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 reluctant 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 
(w. 8 b -o») 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 Brahmawa ; know, O blameless one, that six, 
according to their order, are lawful for a Kshatriya (9 b -io). 
But the Rakshasa rite also is ordained for men of the royal 
caste, and the Asura rite is prescribed for Vauyas and 
.Sudras. But among the (last) five, three are declared 
lawful and two unlawful (v. 11). The Paua£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 

1 The original has udihrttau, which is ambiguous and may also mean 
' quoted.' 



Digitized by 



Google 



lxxviii LAWS OF MANU. 



of a Manava Dharmaxastra which closely resembled, but 
was not quite identical with, the existing text. Verse 8 b - 
9* agrees literally with Manu III, 21 ; and w. n b -i3 come 
close to Manu III, 25-26. But w. 9 b -n*, 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 Sudras 
and VaLfyas, 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- 
mawas, and of the first six in case of Kshatriyas. To the 
latter he allowed also the seventh, the Rakshasa rite, and 
confined Vaijyas and Sudras to the purchase of their 
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-snWti 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 

1 ^3$ irau *nro tnrr f^frr htot 11 3*11 mnj: «t^tfii 



Digitized by 



Google 



INTRODUCTION. lxXlX 



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 Mahabharata 
which are ascribed to Manu. In one case it is perfectly evi- 
dent that there exists no connexion with our Smrtti. The 
philosophical conversation between Manu and Bnhaspati, 
which fills chapters 200-206 of Mah. XII, has neither any 
distinctive doctrines nor any verses in common with the 
Manava Dharmarastra. On the contrary, it shows a leaning 
towards the Vaish«ava creed. 

With respect to the second passage, Mah. XII, 36, 3-50, a 
doubt is at least possible. It contains an ' ancient legend ' 
(purawa itihasa), 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 Smr*'ti 1 . 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 Mahabharata accidentally 
attributes to Manu verses now read in his Smrfti, than that 
its author extracted them and the whole piece from a 
Manava Sastra. 

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 Mahabharata knew a Manava 
Dharmarastra 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 

1 Mah. XII, 36, 27 = MannIV, 218; first pada of ver. 28* = first pada of Manu 
IV, 320; ver. a8 b =Manu IV, 217*; first pada of ver. io»«first pada of Manu 
IV, 2io»; ver. 46-Manu II, 157; ver. 47* = Manu II, is8«. 



Digitized by 



Google 



lxxx LAWS OF MANU. 

these ' latest portions of the epic.' The latter conclusion 
is, it seems to me, confirmed by some indications in the 
Snw'ti which point to an acquaintance with the Mahabha- 
rata. The warning regarding the consequences of gambling, 
Manu IX, 227, certainly presupposes a knowledge of the 
legend of the Kurus and Pa/fc/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- 
thira. 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-smrtti a number 
of legends are quoted in illustration or in support of rules 
which, as the commentators repeatedly assert \ are taken 
from the Mahabharata, 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- 
bharata. 

This relative position of the two works might induce us to 
assume with Rao Saheb V.N. M&ndlik that the Mahabharata 
had a direct influence on the final redaction of the Manu* 
smrtti, and that the author of the latter appropriated from 
the former the very large number of identical verses which 
in the Mahabharata are not ascribed to Manu. 

Tempting as the hypothesis of the dependence of the 
Smrtti on the epic is, because it would account for 
the adoption of the AnushAibh 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 360 verses or portions of verses, not 
attributed to Manu, with Slokas of the Manu-smn'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, no; IX, 13, 1*9, 314-315, &c 

Digitized by LjOOQlC 



INTRODUCTION. lxXXl 



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 Slokas 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 Bhr/gu'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 b 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, 33*, 34-37. 3 s *. 39-4°. 5°. 52 b . 
58-60, and 62, mostly with considerable variations, and 
.Slokas resembling Manu X, 42-43 are found Mah. XIII, 
33, 21-22, and 35, 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 b , 
3 b , 4», 7, 11-17, 20, 22 b , 23', 27*, 29-31, 34-40, 91", 105, 150, 
i77 b , 181, 207. The general sense of some other 51okas 
corresponds without a real agreement in words, and the 
same chapter of the Mah. contains also w. 31* and 32*, 
[*5] f 



Digitized by 



Google 



lxXXli LAWS OF MANU. 



three-quarters of Manu II, 238, and v. 68 a the first half of 
Manu III, 172. Equivalents of Manu XI, 44, 74, 76% 77, 
84 are found Mah. XII, 34, 2 ; 35, 4-6 ; 263, 45 b -4<5". 
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, J80-181, 184-185, from the section on Sraddhas, 
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, 
I4 b -2i*. A number of the rules applicable to the ascetic, 
Manu VI, 42-48, 57 b , 58", reappears in the beginning of 
Mah. XII, 246 and 279, while Manu VI, 49 is read Mah. 
XI 1, 331, 30. The sketch of the state administration, Manu 
VII, 1 15-122, is given mostly in the same words, 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 Slokas, 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, 44-4<5, 9°, 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- 

1 It is impossible to give here more than these general indications. A more 
complete list of the verses of the Manu-smr/ti occurring in the Mah. will be 
found in the Appendix. 



Digitized by 



Google 



INTRODUCTION. 



lxxxiii 



mentators. The solution of some of these difficulties is 
furnished by the corresponding passage of the Mahabhlrata. 
This passage occurs in an account of the creation, com- 
municated by Vy&sa-Krishwa-Dvaiplyana to his son Suka, 
which Bhishma narrates to Yudhish//rira. 



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 kSsh/M', but thirty kish- 
//tas one should reckon as one 
kali; moreover, thirty kalas 
and that which may amount 
to the tenth part of a kali 
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 k a s h th a '), thirty kashMas 
one kala, thirty kalas one 
muhurta, and as many (mu- 
hurtas) one day and night. 



63. The sun divides days and 
nights, both human and di- 
vine, the night (being intended) 



1 Regarding the difference between the two computations, see Wilson, 
Vishwu-purawa I, 47 (ed. Hall). 

9 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. 

fa 



Digitized by 



Google 



lxxxiv 



LAWS OF MANU. 



for the repose of created beings 
and the day for exertion. 

1 6. A month is a day and a 
night of the manes, but their 
division (is as follows): the 
bright (fortnight) 1 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 v 
and night of Brahman. / 

19. I will declare severally 
and in due order the totals of 
the years in the Kr*ta, Treta\ 
Dvapara, and Kali ages 2 . t 

20. They declare that the 
Krt'ta. 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. 

In the (other) three ages, 



21. 



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 
Krtta, 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, 



1 The reading of the MahabhSrata is obviously faulty, as it is well known 
that the dark fortnight is, according to the Hindus, the day of the manes. The 
fault has probably arisen by an accidental transposition of the words mklaA 
and krishnaA. The second var. led. of the Mah. tayoA punaA for tu pakshayoA 
is less intelligible than Manu's, because a substantive is required to which xuklaA 
and krishnaJi can be referred. 

* It is a particularly significant fact that in spite of the great difference 
between the two works, both show the intercalation of a fresh exordium. 



Digitized by 



Google 



INTRODUCTION. 



lxxxv 



with the preceding twi- 
lights and in the twilights 
following them, the thousands 
and hundreds are diminished by 
one-fourth (in each) 1 . 

22. These support the eternal, 
everlasting worlds ; this is known 
as the eternal Brahman to those 
who know Brahman. 

23. In the Krrta 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 Krrta (age); but in the 
Treti 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 Krrta 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 Krita. (age), but in the 
Treti 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- 



1 The reading of Mann, sasamdhyaffixeshn it for sa/ndha/njeshu tata//, seems 
preferable, but his ekapayena is inferior to the ekapadena of the Mahabhirata. 

1 NilakanMa 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 krile tretSyuge tvesham instead of Manu's krj'te tretadishu 
hyesham is more archaic. 



Digitized by 



Google 



lxxxvi 



LAWS OF MANU. 



hear, in each successive age, 
as well as the lives (of men), 
their blessings (irishaA), and 
the rewards which the Veda 
yields'. 



27. One set of duties (is pre- 
scribed) for men in the Krt'ta 
age, different ones in the Tret£ 
and in the Dv&para, and (again) 
another (set) in the Kali age, in 
proportion as (those) ages de- 
crease in length. 

28. In the Krt'ta age the chief 
(virtue is the performance 
of) austerities, in the Treti (di- 
vine) knowledge is most ex- 
cellent, in the DvSpara 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 2 . At the beginning of 
that (day) the lord who is the 
Universe finally awakes, after 
having entered deep meditation 



sired results (arishaA) 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 1 . 

85. One set of duties (is pre- 
scribed) for men in theKrrta age, 
different ones in the Treti 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 
Treti (divine) knowledge, in the 
Dv&para (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*. 



1 The Sanskrit text of the two 51okas 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. 

3 Both the Mah. and Manu have the accusative case ratrim, which does not 
agree with the preceding verb £fleyam (Manu) u/fcyate (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. 



Digitized by 



Google 



INTRODUCTION. 



lxxxvii 



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 
night, 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. 



Digitized by 



Google 



lxxxviii 



LAWS OF MANU. 



5. But from ether, modifying 
itself, springs the pure, powerful 
wind, the vehicle of all perfumes; 
touch is considered to be 
its quality. 

6. Next from wind, modifying 
itself, proceeds the brilliant light 
which illuminates and is white; 
that is declared to possess the 
quality of colour ; 

7. And from light, modifying 
itself, (comes) water wh i c h po s- 
sesses taste; from water smell 
and earth; (such) is declared 
(to be) the creation of (them) 
all. 

8. The qualities of each 
earlier-named (element) en- 
ter each of the later-named 
ones, and whatever place (in 
the sequence) each of them oc- 
cupies, even so many qualities it 
is declared to possess 1 . 

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 2 , which possess various 
powers, were severally unable 
to create beings without fully 
uniting themselves. 

n. These great Atmans, 
uniting and mutually combining 



76. But from ether, modifying 
itself, springs the pure, powerful 
wind, the vehicle of all perfumes ; 
that is held to possess the 
quality of touch. 

7 7. Next from wind, modifying 
itself, proceeds the brilliant light 
which illuminates and dispels 
darkness; that is declared to 
possess the quality of colour. 

78. And from light, modifying 
itself, (is produced) water, de- 
clared to possess the quality 
of taste; from water earth, 
which has the quality of 
smell; such is the creation 
in the beginning. 

20. Among them each 
succeeding (element) ac- 
quires the quality of the pre- 
ceding one, and whatever place 
(in the sequence) each of them 
occupies, even so many qualities 
it is declared to possess. 



1 The position of this vase in the Mahabharata makes the conjecture, put 
forward in the note to the translation, that the correct position of Manu I, so 
is after verse 78, exceedingly probable. 

* According to Ntlaka«/.'/a, the seven Atmans, called above, ver. 3, the seven 
mind-bom ones, are Mahat, Ahawkira, and the five subtile elements. 



Digitized by 



Google 



INTRODUCTION. 



Ixxxix 



with each other, entered the 
body; hence one speaks of Pu- 
rusha [i.e. him who resides 
(usha) in a fortress (pur)]. 

i a. In consequence of that 
entering (*raya»a), the body 
(rarrra) becomes endowed with 
a (perceptible) form, and con- 
sists of sixteen 1 (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 
action they adopted in a 
former creation, even that 



i8 b . That the great elements 
enter together with their func- 
tions (karman) '. 



28. But to whatever course 
of action the Lord at first 
appointed each (kind of 



1 The sixteen constituent parts are, according to NllakanMa, the five gross 
elements and the eleven organs. 

' Ntlaka»Ma takes mahinti bhutani, < the great elements/ in the sense of 
' the subtile elements, and the great ones, the mahattattvas' (bhutani sukshmani 
rnahanti mahattatattvani). 

' This line is a good example, showing how the same words of the ancient 
school-tradition were made to serve different purposes. 



Digitized by 



Google 



XC LAWS OF MANU. 



alone they 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 t ion, 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 thatclung(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 
Smnti. 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, 31, 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-smrAi 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 .Slokas, by the occurrence of 
identical lines and padas in verses whereof the general 
sense differs, and by the faint, 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. 



Digitized by 



Google 



INTRODUCTION. XC1 



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 1 . The answer, which we are thus obliged 
to give to the question whence the editor of our Manu-smrtti 
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 Manava 
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 Mahabharata comparatively few are 
attributed to the Pra^apati, and because a Hindu who was 

1 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 Pur&tas with the Mahabharata and the metrical 
Smrttis, 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 Puranas 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 hare been borrowed from the latter 
works. The Puranas, 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 Sudra varna, the so-called Sa/M/iudras. 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 .Slokas, 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. 



Digitized by 



Google 



XC11 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 sense 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 
Bhrz'gu's Manu-sawhita forms the last link in a long chain of 
metrical Manu-smrttis, 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 Narada-smrz'ti ; thirdly, the quotations 
from a Brthat Manu and a Vriddha Manu met with in the 
medieval Digests of law ; and fourthly, the untraceable or 
partly traceable quotations from Manu's Dharmarastra 
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 



Digitized by 



Google 



INTRODUCTION. XC111 



mention time-honoured rules, legal customs, and social 
institutions, and afterwards to disapprove of them ; and 
secondly, that, as our Smriti is in any case a recast of an 
earlier SGtra, that fact alone is sufficient to account for 
contradictions. It has been shown above 1 , 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-sfitras. The Manu- 
smrrti 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 2 violently 
inveighs against Asura marriages, and in the eighth and 
ninth 3 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 Grihya-sfitra unhesitatingly admits 
the acquisition of a bride by purchase 4 . But it is also 
possible that the Dharma-sfitra itself contained both the 
condemnation of the custom and the rules regulating it. 
For similar contradictions occur also in other Sfitras. Thus 
Apastamba expressly forbids, in his sections on Dharma, 
the sale and gift of children and the procreation of Kshe- 
tra^a sons 6 . Yet, in his 5'rauta-sfitra I, 9, y, he gives a rule 
showing how the Piwrfapitriya^na 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 SAtras are based, admits the affiliation 
which the later member of his vidyavawwa rejects, the 
obvious explanation of the contradiction is that Apastamba, 
in spite of his disapproval of other than Aurasa sons, did 

* See p. juriv. ' Mann III, 35, 51-54; IX, 98-100. 

* Maou VIII, 204, 124-215 ; IX, 97. * See above, p. xxxix. 

* Ap. Dh. S. 11,13, 11; 27, 2. 



Digitized by 



Google 



XC1V LAWS OF MANU. 



not venture to change the prescriptions which he found in 
the older .Srauta-sutra. Similarly, the supposition that the 
author of the Manava Dharma-sutra, though condemning 
Asura marriages, was unwilling 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 Sakuntalopakhyana, 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 1 and 
others, who ascribe the prohibition to the remodeller of the 
Dharma-sutra, and if I adhere to the view expressed by 
Brzhaspati and some Indian commentators, my reasons are 
that, as the conflicting statements of the Dharma-rsutras show, 
the propriety of the Niyoga was not generally acknow- 
ledged even in ancient times, and that the medieval Niban- 
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 
differs from that given XI, 153. Here the former must be 
considered spurious, because it occurs in a chapter which 
has nothing to do with penances. It is evident that neither 
the instances just mentioned, nor indeed any other, where 
our SnWti 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 



1 Tagore Lectures, pp. 48, 61. 

Digitized by LjOOQlC 



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 1 , Manu I, 7-58 and 62-86, 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, 
which 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 2 , 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 3 , that Manu composed a Dharmajastra in 
j 00,000 verses arranged in 1080 chapters, which was suc- 
cessively reduced by Narada to 12,000, by Marka«</eya to 
8,000, and by Bhrrgu's son, Sumati, to 4,000 verses, is so 
circumstantial that, in spite of its obvious exaggerations, 
it might be considered to have a substratum of truth, 
and to be important for the history of Manu's law-book. 
Abridgments of larger works 4 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 

1 See also Dr. Johanntgen, Uber das Gesetzbuch dcs Manu, p. 15. 

> In *>;« H;«/-iis<:inn in the aim of the first chapter Medhatithi says (coram, on 

1,6): fqrfrqr^^?^Tf?TTT,l7P!jnrS: 1 ii^rftffRT^fa^ 

*rift -%i ^ 1 inn ^ »n*r. 1 iro «i«ir^Mif<; 11 

* See above, p. xvii ; and Jolly, Tagore Lectures, p. 57. 

* The two versions of Narada furnish an interesting instance; see Jolly, loc. 
cit. p. 57. 



Digitized by 



Google 



XCV1 LAWS OF MANU. 



two works has been inverted. Narada's VyavaharamatWka 
shows a far more advanced development of the judicial 
theories than BhWgu's Sawthita, and contains matter which 
conclusively proves that it cannot date from an earlier time 
than the fourth or fifth century of our era 1 . As this test 
fails, Narada's statement cannot be used for the determina- 
tion of the order in which the various versions of Manu's 
laws were composed. It becomes more probable that it 
has been framed, with a view to enhance the importance of 
the Narada-smrt'ti, on the model of such purely fictitious 
stories respecting the origin of the Dharma, as that given 
in the Mahabharata XII, 59, 22, and 80 seqq., where we are 
told that Brahman, assisted by the gods, first produced a 
Dharma^astra in 100,000 chapters, which was successively 
abridged by Satnkara. in 10,000, by Indra in 5,000, by 
Brchaspati in 3,000, and by Kavya in 1,000 Adhyayas. 
Against the genuineness of Narada's story we may also 
adduce the Paurawik statement, according to which Manu's 
laws were remodelled first by BliWgu, secondly by Narada, 
thirdly by Bnhaspati, and fourthly by Angiras *. 

The third argument, drawn from the fact that the medie- 
val Nibandhas and commentaries quote passages from a 
Brihat (great) and VWddha (old) Manu, has still less value. 
Professor Jolly has of late asserted in his able discussion 3 
of the quotations from these Works that they are later, not 
earlier, than the existing text of Manu, because some of 
their rules resemble the advanced teaching of Yi^viavalkya 
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 4 , possibly indicates an acquaintance with Greek 
astrology. I can only agree with Professor J olly's conclusions, 
and add that a comparison of the quotations from BWhat 
and VWddha Manu with Bhrz'gu's Sawhita produces the 
impression that both works — if indeed the titles refer 

1 West and Biihler, Digest, pp. 48-50, third edition ; Jolly, Tagore Lectures, 
p. 56 ; Preface to the Translation of Narada, pp. xv-xvii. 

2 Mamflik, the Vyavaharamayukha and Ya£*., p. xlvii; Jolly, Tagore 
Lectures, p. 44. 

* Tagore Lectures, pp. 65-66. * India, what can it teach us? p. 366. 



Digitized by 



Google 



INTRODUCTION. XCVH 



to two and not to one — must have been enlarged versions 
of the latter 1 . As it thus appears that there existed 
recensions posterior to our Manu-smWti, the existence of 
untraceable or partly traceable quotations from Manu's 
Dharma^astra in Arvaghosha's Vajfrasu^i 2 and from Manu 
in Varahamihira's Bfjhat-sa*«hita s possesses no great 
significance. With respect to Varahamihira's reference, it 
must be noted that, according to Alblrunfs Indica, two 
astrological Sawhitas, 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 Slokas, not found in our Smriti, 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 Snw/ti 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 BhHgu's 
Sawzhita. 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 Brihat Mann occur, 
i. Col. Dig. II, 3, 26 ; 2. Col. Dig. V, 438 = Gl. Day. XI, 6, 34 ; 3. Datt. Mtm. 

II, 8 ; 4. May. IV, 5, 53 ; — those from Vn'ddha Manu, 1. Col. Dig. Ill, 1, 69 ; 
2. Col. Dig. Ill, 1, 83 = May. XI, 5- Viv. A'int. p. 99; 3. Col. Dig. Ill, I, 86 
- Viv. A'int. p. 89; 4. Col. Dig. Ill, 1, 90 = May. XI, 5 =Viv. A'int. p. 100; 
5. Col. Dig. Ill, l, 93 = Viv. A'int. p. 103 ; 6. Col. Dig. V, 161 -Viv. ATnt. 
p. 272 =Varad. p. 21 - Gl. DSy. IX, 17 (where attrib. to Brihat M.) ; 7. Col. 
Dig. V, 408 = Smri. A'and. XI, 1, 1 5 = Sar. Vil. 504 «. Varad. pp. 33, 40 = Vlram. 

III, 1, 2 - G\. Day. XI, 1. 7 and Viv. A'int. p. 289 (where attrib. to Brihat M.) ; 
8. Mit. II, 5, 6 - Viv. ATnt. p. 289 and Varad. p. 37 (where attrib. to Brihat M.) - 
Sar. Vil. 591 (where attrib. to M.); 9. Viv. A'int. pp. 126-7; io.Viv.A1nt. p. 180; 
1 1 . 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. 

* Kern. Brthat-samhitS, chapter 74, w. 7-15, and Preface, p. 43. 

4 Albiruni, Indica, chapter xiv; see also Kern, loc. cit. p. 42, where the 
probability of the existence of a Manavt Samhita has been shown. Albfrunt 
says that the title of the two works was Manasa (Manavt?), 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 Albirunt's important woTk. 

[*5] g 



Digitized by 



Google 



XCV111 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 Sakuntalopakhyana 
agrees well enough with this assumption, because the 
Manava Dharma-sutra, as we have seen, certainly did 
contain numerous Slokas. 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 i?*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/^a, 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 Bhn'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-smr/ti have been gradually 
added one to the other, or that the present text is one of 



Digitized by 



Google 



INTRODUCTION. XC1X 



the last links in a long chain of metrical recensions, there 
are several points which tend to show that our Manu-sawhita 
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 1 . If we 
compare these rules with those of the Dharma-sutras and 
with those of the other metrical Smrz'tis, they are some- 
what more explicit than the former, but very much inferior 
to the latter. As regards procedure, the Manu-smrtti 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 Dharmarastras of Ya^/iavalkya 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 VasishAia Dharmarastra 
is the only one which has allusions to written documents, 
and names them, XVI, 10, 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 2 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- 
jastra. 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 

1 See on this subject and the following discussion, Weber, History of Indian 
Literature, pp. 279-381; Stenzler,YSf*avalkya, pp. vii-x ; Journal of the German 
Or. Soc. vol. ix, on the Indian Ordeals ; and Jolly, Tagore Lectures, pp. 45-49. 

9 Sacred Books of the East, vol. xvi, p. xxvi. 

g2 



Digitized by 



Google 



LAWS OF MANU. 



Bhn'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 ' (lekhita, VIII, 168) 
and royal edicts (rasana, IX, 232). 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 anibaddhaA, '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 kara«a (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 karawa ' (karawcna vibhavitam) must be paid, 
and the commentators explain kara«a 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 kara«am (karawam parivartayet 1 ).' 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 
karawa 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- 

1 Nandana's reading kara»am is clearly erroneous ; see below, p. cxxxiv. 

Digitized by LjOOQlC 



INTRODUCTION. CI 



dealings points, finally, the whole state of civilisation to 
which Manu's rules are adapted. The highly developed 
trade by land and by sea 1 , on which ad valorem duties 
were imposed 2 , the existence of official lists of prices which 
were renewed periodically 3 , the complicated system of 
calculations of interest, among which we find compound 
interest 4 , 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 Dharma.rastras of Ya^wavalkya and 
Narada as well as other metrical Smr/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 
5astra, it shows that he was acquainted with the Dharma- 
sutras alone or with Dharma-sutras and such metrical 
Smrttis 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 Ya^navalkya-smr/ti. 

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, 39, 6) 
recommends the employment of divine proof (daiva) or 
ordeals in a general way without adding any particulars. 
The secondary law-books of Ya^viavalkya and Narada 
describe five kinds of ordeals, and enter, the second more 

1 VIII. 156-157. • VII, U7-138; VIII, 348. 

* VIII, 401-401. * VIII, 139-142, 151-1*3- ' VIII, 165. 

Digitized by LjOOQlC 



Cll LAWS OF MANU. 



fully than the first, on descriptions of the manner in which 
they must be performed. Even the Vish«u-smr/ti agrees 
with them, and the fragments of the lost metrical Smrztis 
show that most of the latter, too, contained sections re- 
sembling those of Ya^vJavalkya and Narada. It would be, 
in my opinion, a mistake to infer from the silence of Gau- 
tama, Baudhayana, and Vasish/Aa 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 just 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 Smrs'tis, 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 Sawmita. In the treatment of the civil 
and criminal law the inferiority of the Manu-snWti to the 
other Dharmarastras of the same class, even to Ya^fla- 
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^/Tavalkya 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, 



Digitized by 



Google 



INTRODUCTION. ClU 



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^viavalkya 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 which are 
not applied in the manner stipulated. Ya^viavalkya (II, 
175-177) gives under this head at least some general prin- 
ciples, showing what is required for the validity of gifts ; 
while Narada 1 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. 

Digitized by LjOOQlC 



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-snw'ti, become more frequent 
in Ya,gv5avalkya's work, and are regularly given by Narada, 
as well as that many single rules which are common to 
Manu and Ya^vJavalkya, or to Manu, Ya.gvfavalkya, and 
Narada, are framed in the latter works with much greater 
precision than in the former 1 . The inferiority of the Manu- 
smriti 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 Smrz'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 2 , have hitherto not been found 3 . All 



1 Compare e. g. the rules regarding lawful interest, Manu VIII, 140-1 43, and 
YS^fl. II, 34. 

' Compare e. g. the case of the Gautamlya and Baudhayantya Dharma-sutras, 
where the second and later work is inferior in method to the earlier one. 

• Should it be objected that the Vish»u-snv»'ti, though certainly younger 
than Mann's and Ya^rtavalkya's Dharauuastras, 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 Vaishnava sectarian, not an 
adherent of a school which made the law its special object of study. 



Digitized by 



Google 



INTRODUCTION. N^A f . . v * 



the other arguments which have been or can be adduced to 
prove the antiquity of our Manu-srwi'ti are less conclusive. 
If it has been said that this work contains some very archaic 
doctrines 1 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 Smn'tis 2 , 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-smrzti, 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 dlnaras, 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 Mann'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-sfltras (Jolly, Tagore Lectures, p. 48). 
The assertion of Professor Hopkins (Castes according to the M. Dh. p. 108 
seqq.), that the prerogatives of Brahmawas are greater according to Ya^A. 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. 

' £. g. in the doctrine concerning the Niyoga. 



Digitized by 



Google 



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-smrt'ti itself and supported by the tradition 
preserved in the Skanda-purawa, that Bhrzgu's 1 Sawhita is 
the first and most ancient recast of a Dharmajrastra 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 Slokas with regard to which real doubts can 
be entertained is comparatively small, and hardly amounts 
to more than a dozen 2 . 

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-stitra into a metrical law-book 

1 A clear and definite explanation of the question why the Hindu tradition 
ascribes the promulgation of Manu's laws to Bhri'gu has hitherto not been 
traced. Bhngu's only connexion with Manu is that mentioned in the text, 
according to which he is one of the mind-bom sons or creatures of the father of 
mankind. This version of the legend of his origin is, however, by no means 
common. In the Mah&bharata XII, 182-192, we find 'a condensed Dharma- 
jastra," which is said to have been revealed by Bhrtgu to Bharadva^a. It in- 
cludes an account of the creation, but makes no mention of Manu. As Bhn'gu 
appears also elsewhere as the author of a Dharm&rastra, it is just possible that 
the legend may be based on Bhngu'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. 



Digitized by 



Google 



INTRODUCTION. CV11 



may have taken place. The terminus a quo which has 
been gained for the composition of Bhrtgu's Sawhita is 
the age of the Mahabharata, and the terminus ad quern 
the dates of the metrical Smrrtis of Ya^vTavalkya 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^viavalkya's 
Dharmarastra is very doubtful, yet some facts known 
regarding the Narada-smri'ti are not without importance for 
framing our answer to the difficult question now proposed. 
Both Professor Jolly and myself 1 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-smrrti dates 
either shortly before or shortly after the middle of the first 
thousand years of our era. If that is so, Bhn'gu's Sawmita 
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. 2 , 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 Bana, the friend of 5rlharsha- 
Harshavardhana (606-7-648 A. d.), makes a pretty clear allusion to the Nara- 
dtya DhannariUtra in the Kadambart, p. 91, 1. 13 (Peterson's edition), where he 
calls a royal palace naradiyam ivSvarnyamSnara^adharmam, ' similar to the 
Naradtya (Dharmarastra), 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. 



Digitized by 



Google 



CV111 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-smr*ti existed. Among the 
persons thus quoted, he designates some by the terms Purva 
and Afirawstana. 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. 
.Xlrawrtana, '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 
Dharmarastras, the Brihaspati-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 x that Brzhaspati not 
only allots to Manu's SnWti 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 Brzhaspati mentions are 
such as to leave no doubt that the text which he knew in 

1 Tagore Lectures, pp. 60-62 ; see also above, p. xvi. 

Digitized by LjOOQlC 



INTRODUCTION. C1X 



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, 221-228 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 BWhaspati'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 
bodyare 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 Gauwa 
Putras, IX, 158-181, and strongly insists on her rights, 
while he restricts those of the others very much. The list 
of instances where Bnhaspati 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 Brihaspati's work is 
throughout a revised and enlarged edition of the Bhrzgu- 
sawhita, 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 Brchaspati agrees with and gives some weight to the 
tradition preserved in the Skanda-purawa, according to 
which Bfihaspati composed the third of the four versions 
of Manu's Dharm&rastra. The age of the Bnhaspati-smrz'ti 



1 See also above, p. xciv. 

* Jolly, Tagore Lectures, p. 158. 



Digitized by 



Google 



CX 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-snwiti 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-smn'ti. 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 
Dharmajastra,the Katyayana-snwj'ti.which probably belongs 
to the same period as the Brmaspati-smrz'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 2 , 
there are other cases in which the teaching attributed by 
Katyayana to Bhrz'gu or Manu differs from the opinion 
advanced in our Smrz'ti. 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-smr/tis or 
Blwgu-smr/tis, and have referred in different places to 
different works. But, making every allowance for such 
possibilities, it cannot be said that his references furnish a 
really conclusive argument. Again, it has been pointed 
out s 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 

1 vrararo y pi«03«i3 > H T%y ~gte *rei m i guMM i ^ H 

* Tagore Lectures, p. 62, 11. 22 and 24, Brjhaspati has been primed twice by 
mistake for Katyayana. 

* Professor Aufrecht's Catal. Sansk. MSS. Bodl. Libr. p. 30. 



Digitized by 



Google 



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 1 , quotes verses of the Bhavi- 
shya-purana from a section on penances not found in the 
accessible MSS., which likewise are clearly intended to 
explain the text of our Sawhita. 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 8 , 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 3 that the Matsya-purdwa, 
which mentions a Bhavishya-purawa 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-purawa 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-smrzti. 
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 Yayastilaka 
of the Digambara-<7aina poet Somadeva, 959 A. D. s , in 
•Sankari&irya's .SSrirakabhashya, 804 A. D. 8 , and in Kshi- 

1 See e. g. his remarks on Mann XI, 101, and Narayana's on XI, 131. 
' Vish*u-pura»a, vol. i, pp. lxii-Ixiv, and Reinaud, Memoire sur l'lnde, 
p. 396. 

* Catalogue, p. 43. 

* I owe the knowledge of this fact also to the kindness of Professor Sachau. 

* See Professor Peterson's Report on the Search for Sanskrit MSS., 1883-84, 

pp.4»-43- 

* Denssen, Vedanta, p. 36. With respect to the date of .SankariUarra'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^rte/vara i'astrt, with whom I discussed 
the passages which he adduces in the Aryavidyasudbakara, p. 226, the sampra- 



Digitized by 



Google 



CX11 LAWS OF MANU. 



rasvamin's Amarakoshodgha/ana 1 . Other cases, where we 
find verses from the Manu-sawdiita quoted in ancient works, 
are made inconclusive 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 slight 
verbal difference at the end of the first line 2 , in the .Sabara- 
bhashya on Mim. Su.VI, 1, 12. Though the exact date 
of the latter work is uncertain, we know that it preceded 
Kumarilabha/fe's Tantravarttika, and its style, which closely 
resembles that of Patan^uli'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 Smriti,' 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- 
smriti, Vivadapada V, 39, it may be that Sahara took the 
passage from some other work than the Manu-smrzti. 
Again, though Patan^ali in the Vyakara»amah&bhashya 
on Pawini VI, 1, 84 adduces Manu II, 120 without any 
variant 3 , it would be extremely hazardous to conclude that 
he quotes from our text of Manu. For the Mahabharata 
(XIII, 104, 64 b -65 a ) has exactly the same words. 



daya, referred to in his work, is that of 5ringeri, where also documentary evi- 
dence for its correctness is said to exist. Hence I hesitate to accept Mr. Telang's 
conclusions, who places Jankara in the latter half of the sixth century, Mudra- 
rakshasa, Appendix, and Ind. Ant. vol. xiii, p. 95 seqq. 

1 Aufrecht, Journal of the Germ. Or. Soc. vol. xxviii, p. 107. The date of 
this author, who used to be identified with the teacher of GayapWa of Kannir 
(779-813 a. d.), seems, according to the latest researches, more recent. 

1 See the edition in the Bibl. Ind. vol. i, p. 611 : HX^l %\H "8 $TO 

ftfifcn: f% ct ill 1$ *mf»j'i*r»H ttot t( ttw A4MH. b At the end 

of the first line Manu has 1H WI*Mi: VfX\'. II 

* See vol. iii, p. 58 of Professor Kielhom's edition. I may add that the same 
work on Panini II, 3, 35 (vol. i, p. 457, Kielhom) quotes another verse, the 
first line of which agrees with Manu IV, 151 s , while the second entirely differs. 
In this case, too, the Mahabharata XIII, 104, 8] has a version closely resembling 
that of Manu. 



Digitized by 



Google 



INTRODUCTION. CX1U 



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 Kirataiyunrya 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/Aira'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 Nlti.' 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 Brthaspati-smrzti, it becomes more probable 
that Bharavi alludes to the seventh chapter of Bhrtgu's 
version of the Manu-smnti, 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. 2 There it is said in the description 

1 See West and Biihler, Digest, p. 46, and for the inscriptions, Indian Antiquary, 
vols, iv, p. 104; v, 38 ; ti, 11 j vii, 67, 69, 71 ; viii, 30a. For other passages, 
see Hopkins, Journal of the American Oriental Society, vol. xi, pp. 343-246. 

' This is on the supposition that the era of the Valabht plates began in 
319 a. d., the latest date ever assigned to it. 

[«5] h 

Digitized by VjOOQIC 



CX1V LAWS OF MANU. 



of Dronasiwha, the first Maharaja of Valabht and the 
immediate predecessor of Dhruvasena I, that ' like Dharma- 
ra^a. (Yudhish//rira) 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 
Dronasiwzha'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 Sawhit&, which is acknowledged by Brmaspati as 
the paramount authority. This is all I am able to bring 
forward in order to fix the lower limit of the Manu-smrtti. 
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-smr»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 Mahl- 
bharata teaches us, as already stated, nothing definite. 
But there is a passage in its tenth chapter, w. 43-44, which 
has been frequently supposed to convey, and probably does 
contain, a hint regarding its lower limit. There the Klm- 
bcgas, Yavanas, 6°akas, and Pahlavas are enumerated among 
the races which, originally of Kshatriya descent, were 
degraded to the condition of Sudras in consequence of 
their neglect of the Brahmawas 1 . As the Yavanas are 
named together with the Kambq^as or Kabulis exactly in 
the same manner as in the edicts of Aroka 2 , 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 Sakas 3 or Scythians, would 

1 The verse contains also the name of the Alnas, which formerly has been 
taken to be valuable as a chronological landmark. More modem researches 
have proved this view to be untenable ; see A. von Gntschmid, Journal of the 
German Or. Soc. vol. xzziv, pp. 203-108 ; 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-Kawbo^ftt-Gawidhara or Gam- 
dhala are mentioned as Aroka's neighbours, the most distant being placed first. 

* The earliest mention of the iakas probably occurs in a Varttika of Katya- 
yana on Pan. VI, 1, 94, where rakandhu is explained by nka + andhu. According 
to the traditional explanation the compound means ' the well of the .Saka king.' 



Digitized by 



Google 



INTRODUCTION. CXV 



indicate that the Slokas 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 1 , 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 2 . Relying on the fact that the change of the 
Iranian th to h 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 3 , 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 limit of the Manu-smrrti 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 of th 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 aoi*. 

' Olshansen, Parthava nnd Pahlav, Mada end Mali ^Monatsberichte der 
Berliner Akademie, 1877), and Noldeke, Journal of the German Oriental 
Society, vol. xxxi, p. 557. 

' Sallet, Die Nacbfalger Alexanders des Gr. p. 197. 

' Ind. Ant. vol. vii, p. 361. RudradSman's lieutenant at Girafir was the 
Pahlava Knlaipa (Khoraib?), son of Suvir&kha. 

h 2 



Digitized by 



Google 



CXV1 LAWS OF MANU. 



the so-called Vikramasa*»vat or, more correctly, the Sawrvat 
of the Malavejas, the lords of Malava, which began in 57 
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 1 . 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 a . As the Brahmans are ever ready to give foreign 
nations, with which 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 s , 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 Mahabh&rata XIII, 33, 21-23' and XIII, 35, 17-18, 
where the names of the degraded Kshatriya races are like- 
wise enumerated, and the cause of their degradation is stated 

1 Lassen, IndUche Alterthnmskunde, II*, 334. 

* Sal let, Die Nachfalger Alexanders des Gr. pp. 51, 156-157. 

* The commentators and MSS. all give the two verses. If some MSS. of 
Medhatithi read Pahnava for Pahlava, that is a clerical mistake caused by the 
similarity of the subscribed Devanagart 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. 



Digitized by 



Google 



INTRODUCTION. CXVU 



in exactly the same or similar words. Both passages name 
the Yavanas, and one also the Sakas. But neither men- 
tions the Pahlavas. Hence it becomes doubtful if the 
original version of these .Slokas 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 Tandits 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, Kambqfas, 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 Bhriga Samhita, 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 2 . It differs 
considerably from that lately expressed by Professor Max 
Miiller, who considers our Manu to be later than the fourth 
century 8 , apparently because a passage quoted from VWddha 
Manu, which he takes to be a predecessor of our Sawhita, 
mentions the twelve signs of the zodiac. I do not think 
that it has been proved that every work which enumerates 
the rlris 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 4 , the VWddha or Br/hat Manu, 
quoted in the digests and commentaries, is not earlier, but 
later than Bhrzgu's Sawhita. Whatever may be thought 

1 Elphinstone, History of India, p. 149 (edition of 1874). 

' History of India, vol. ii, p. 43a. 

* India, what can it teach us ? p. 366. * See above, p. xcvii. 



Digitized by 



Google 



CXV111 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^vTavalkya and Narada (fourth 
or fifth century A. D.), the fact that the Bnhaspati-smn'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^/fa-Narayawa, 
Kullukabha/ta, Raghavananda, and Nandana^arya, as well 
as an anonymous Zippawa, contained in a Karmtr MS. of 
the Manu-sawhita, 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 x of chapter VIII and chapter IX, i- 
102 have been carefully used. Occasionally Mr. Loiseleur 
Deslongchamps' well-known edition of the text, the Eng- 
lish translation of chapters I— III, 33 by Tara£and A!"akra- 
vartl (/sfuckerbutty) 2 ,and the Mara/A! translation of Ganar- 
dan Vasudev Guigar 3 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-smrAi 
the oldest extant is the voluminous Manubhashya of Bhatfa 

1 Published in the Zeitschrift fiir vergleichende Recbtswissenschaft, vol. iii. 

' I have used the copy of the India Office Library, 19-27, 17. The name 
of the author is given by Professor Goldstiicker, On the Deficiencies, &c., p. 5, 
note. 
"* Published with the text of Manu, at the Nimayasagar Press, Bombay, 1877. 



Digitized by 



Google 



INTRODUCTION. CX1X 



Medh&tithi, 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 
.Sastras requisite for the successful explanation of his text, 
with Vedic literature, grammar, Mlmawsa, the Dharma- 
sutras ' and other Smrftis, 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 arthav&das, without legal force, and that 
many single words have been inserted merely vn'ttapu- 
rawartham, ' 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 2 that he brings forward 'both valuable and valueless' 
remarks, consists in a disinclination to decide between con- 
flicting interpretations and in his sometimes placing side 



1 Medhatithi quotes the Dharma-sutras in general, and Gautama, Baudh.iyana, 
Apastamba, and VasishMa, as well as some other lost works, in particular. 
Among the lost Dharma-sfltras which he used, is a Katyiyaniya-sutra, quoted on 
Manu VIII, 315, which seems to have treated the civil law in detail, and pro- 
bably is the original of the metrical Katyayana-smrj'ti, from which the digests 
give so numerous extracts. 

* See the concluding verses of Kullflka's commentary. Sir W. Jones' state- 
ment that Medhatithi's work is reckoned ' prolix and unequal ' (Preface to the 
Translation, p. xvii, St. Grady) is probably based on this remark of KullOka. 



Digitized by 



Google 



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 ATiramtanas, 
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 8 .' 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-samhita. 
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-smr&i 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 



1 Though the opinions of 'others ' are mentioned very frequently, and though 
sometimes those of three or four predecessors are contrasted, Medhatitbi gives 
only once the name of an earlier commentator, Manu DC, 353, WT ITTfll 

mf n tHri^rr i : *t H^Hhne; $f>r *nrr: (?) o.i. *n: (?)] ftrapmrt i 

I^TI rTW rTffijhnnrem^ll The name seems to be Vishmtsvamin. But it 
is uncertain what the corrupt word, preceding it, may hide. 

' T$ RFTWra "5^t t^NfNWWrftrcfa ^fi&IPJ ll Compare also 
the remark on ManuV, ia8, TTW fa<<H s MlfHlrl*^ II 



Digitized by 



Google 



INTRODUCTION. CXX1 



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^nanejvara's 
reference to his explanation of Manu IX, 118 1 . Vjgviane- 
svara. wrote his commentary on Y&g navalkya in the reign of 
the /falukya king, Vikramaditya VI, who ruled at Kalyawa 
from .Sakasamvat 997-1048, or 1073-1126-7 A.D.* The 
manner in which Vigvianarvara'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 s , where, in a 
remark on the arrangement of verses 181-184, Medhatithi's 
name is placed before that of Bhcgar4fa. 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 Bhcgara^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 Sankara/fcarya, the great authorities on Mimawsa and 
Vedanta. The former is mentioned by name in the 
remarks on Manu I, 3, and by his usual title Bha#apadaA, 



1 Colebrooke, Mit. I, 7, 13. 

* See Jouni. Bo. Br. Roy. As. Soc. vol. ix, pp. 134-138, and West and BUhler, 
Digest of Hindu Law, pp. 15-17, third edition. 

• ift fafrifawrf i 'frh i wfyineq ▼yp ** tow! faTfiTPiwtutTfl{- 

faftfWTC II See also Jolly, Tagore Lectures, p. 8. 

* West and Buhler, Digest, p. v, first edition. 



Digitized by 



Google 



CXX11 LAWS OF MANU. 



'the venerable Bharta,' in the commentary on Manu II, 18 *. 
As regards Sankara^arya, 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 Pu«a MS., makes Medhatithi quote the 
Sarirakabhashya, the older and better MSS. of the India 
Office read Sariraka, which probably implies a reference to 
the .Sariraka-sutras 2 . 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 Sankara- 
£arya 8 , 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. 4 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^viavalkya, Narada, and Parlrara, as well as the version 
of the KaA&aka Dharma-sutra, known as the Vish«u-smrtti, 
and considers all as canonical. None of these works has, 
however, a claim to a high antiquity; and the Vishwu-sm^'ti, 
in particular, which mentions the Greek name of a week- 
day, cannot be older than the fifth or sixth century A.D. 

1 1» 5» ^ftr §HiflpjM«j: 11 11, 18, ^i ^ **jtt$: 1 fa^rr ""i fail in 
^ firfc jnmb [jbt?] 1 sjfir^ ^finj«3T vm\ [sinn] $w [«rr] 
#H^gfii: 11 

• Manu xn, 19, ^g * vfiwflflftqg f ufir ftnrfarfr [w] s^ffi 
^taft i inrr iffii 311 0*.* [v. 1. of my ms. jrrcharaTO] t^ xs*n 

* See Professor Cowell's note to Colebrooke's Essays, I, p. 313. 

* See Professor Max Miiller, India, what can it teach us? p. 308, note. 



Digitized by 



Google 



INTRODUCTION. CXXU1 



If Medhatithi, nevertheless, considers it to be an inspired 
work, revealed by the god Vish«u, 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 Vishwu-smWti was probably 
written in Karmlr, which, as will be shown presently, was 
also Medhatithi'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 
Vakyapradtpa by one — rimura'.an Abhidhanakosha 2 , Pin- 
gala's treatise on metrics 3 , a work of the ancient writer on 
Samkhya, 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 Smritiviveka. Secondly, it appears 
that the valley of Karmtr, which has produced so many 
Indian men of letters, was his native country. The Smrj'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 
Karmlr, its laws, its Vedic Sakha, 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 ^anapadaA, 
'country or province ' (Manu VIII, 41), he introduces the 

1 Mann XII, 118, Um<UI4K<Hu)<MUniim{HM<j4H^<l ?JTf?TC KNOW 

ftftro : ffn w* irt: 1 t» i ^tru^t^ i «t m;fw ^ inrrartanfiy 11 

Professor Kielhom informs me that the verse does not occur in Hari's Vikyapa- 
dlya, which sometimes is called V&kyapradtpa. 

* Mann IX, 185-6 ; the words quoted are, e^TTTIT VTfaTn II 

» Mann IX, 42, ^nft« fUffrtH I ^toW* [#] T (T^Tf It Pingala 
VIII, 1 ; see Weber, Indische Studien, VIII, 147. 

* See e.g. comm. on II, 6, f*TgHnnN flftlJUTflWHlfo: 9|frTfirfo I and 
ibidem, ^nHJIrflWlfw^*^ I fawtq SjfrTfir^Tfc TJI**: U 



Digitized by 



Google 



CXX1V LAWS OF MANU. 



name of Kannir as an illustration 1 . Again, in giving 
examples of royal monopolies in the remarks on Manu 
VIII, 399, he states correctly that the sale of saffron is a 
prerogative of the king of Kasmtr. Further, he repeatedly 
refers to the KaMaka .Sakha of the Black Ya^ur-veda, 
which for a long time has been confined to Kannir alone ; 
and, when trying to prove in the notes on Manu I, 58, that 
the Manava Dharmarastra may be called Manu's, though 
it was first taught by Hirawyagarbha, he adduces as an 
analogous instance the Ka/Aaka, which, though studied and 
taught by many others, is named after KatAa.. Such an 
illustration would hardly occur to anybody but a student 
of the Kanaka .Sakha. Still more decisive, finally, is his 
remark in the commentary on Manu IV, 59, where he says 
that the rainbow is called in Karmir vinaMaya s . 

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 Sardula- 
vikrfafita 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 Saharawa, 
brought a MS. from another country and made a ^frnod- 
dhara, or restoration of the ruin, by causing copies to be 
taken from that V Considering the wording of the verse, 

1 VII, 12, fMqrqtUH£lf$%H|i|ift^ft aiM^si^ij: \ *is*fk*yj Wfft- 

vr. ^*i<*Hi vmm: 11 vin, 4 t, f m i fy <myfl«3fe$ 3 1 P^Hmf H^- 
^: u 

' V&$fl JK¥»jr$»l*Hir« TI tR^ftf WVk II I must note that 
Professor Jolly, Tagore Lectures, p. 6, offers a different opinion, and takes 
Medhatithi to be a southerner. His reasons — the termination ivamin 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 Kannirian name Ksbtrasvamin and scores of Svamins in 
the northern inscriptions show, the title was, at least, formerly not confined 
to the south. Further, the intercourse between Kanntr and southern India in 
the time of Bilhaxa and of Harshadera accounts for the introduction of a Kar- 
ratrian work to the notice of the southern Pundits. 

* Professor Jolly states, Tagore Lectures, p. 7, that he has found the verse, 



Digitized by 



Google 



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 ^1r«oddhara was made, was Kash/Aa, 
near Delhi. For as the verse says that Madana was the 
son of Saharawa, it is not doubtful that this person is 
identical with Madana or Madanapala, the patron of 
VLrvervarabhaWa, who wrote the Subodhini on the Mita- 
kshara and the Prayoga- or Madanaparjfata. Virvervara 
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 Kash/Aa, and was the second son 
of one Sadharawa. It is easy to see that in the verse 
quoted above the Prakritic form Sahara«a has been used 
instead of Sadharana for metrical reasons. This Madana has 
been identified by Mr. Colebrooke with the homonymous 
author of the Madanavinoda, which is dated in Vikrama- 
samvat 1431 or 1375 A.D., and Mr. Sarvadhikari 2 confirms 
this identification, by telling us that the Madanavinoda 
contains the same pedigree of Madana as the Par^ata. 
Hence ' the restoration ' of the Bhashya must have occurred 
about five hundred years ago. 



more or lets correctly given, in seven old MSS. from various parts of India. In 
my opinion it should be read as follows : «ii«ii <mfa HrJWfrlWS^"" 

«n^faTf^;*Tt^f?fv^rgifrrifo T^npnyw ^i ^Wfryt 

ftfrh II I differ from Professor j ony ai me cnooi uie second paaa, where he 
reads with a Benares MS. WH »| l| r*£M<t^, and at the end of the third 
pSda, where he changes the reading of the MSS. mei) or WTrlT to ^Tfffl J. 

1 Aufrecht, Cat. Sansk. MSS. of the Bodleian Library, p. 374. 

' Tagore Lectures of 1880, p. 389. Mr. Sarvadhikari wishes to read the date 
brahma(i) £agat (3) yuga (4) indu (1), (Magna sndi 6, Monday,) as 1331. He 
thinks that yoga may also denote the figure 2, and that the reading Vikrama- 
samvat 1131 is necessary, because the Fari^ita is quoted by A'aWervara, who 
wrote in the thirteenth century. He is, however, mistaken, as the astronomical 
calculation shows that Magha sudi 6 of Vikramasamvat 1431 did fall on a 
Monday (Jan. 8, 1375), while the same day in V. S. 1331 was a Thursday. The 
PSri^ata quoted by Aam/ervara must, therefore, be some other work on law. 
The title is a not uncommon one. 



Digitized by 



Google 



CXXV1 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-smr/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. HM. i55i-!552. 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 
Sawzvat 1648, margajlrsha sudi 3, somavasare, or Monday, 
November 18, 1591 A.D. 1 

Next, after the Manubhashya, but probably at a con- 
siderable interval, follows the Manu/ika of Govindara^a, 



1 For this and some other calculations of dates I have to thank Dr. Schram, 
Jtavat-Docent of astronomical chronology in the University of Vienna. 



Digitized by 



Google 



INTRODUCTION. CXXVU 



the son of Bhatfa Madhava. The exact date of this author 
is likewise not ascertainable. He is extremely reticent 
about himself and his predecessors, and quotes, with the 
exception of SmrAis, not a single work on law except his 
own Smriti-maffg-ari or Smrtti-mang-arlpa/ifika, a compila- 
tion of rules on penances 1 , derived from various Dhar- 
majastras. 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 
Glmutavahana's Dayabhaga 2 and in .Sulapawi's work on 
penances 3 . I can only agree with Professor Jolly, who 
thinks that he lived 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- 
£andra of Benares or with a homonymous king of Kano^ - . 
But the son of a Bha#a can only be a Brahmawa, and it 
must not be forgotten that Govindar&^a is the equivalent 
of Govindr&o, a name very common among the Mara/Aa 
Brahmawas. 
The Manurtka is a very concise, but by no means obscure * 

1 Commentary on Manu III, 347 and 248 ; see also Kulluka on Mann IV, 113. 
A copy of this work, written at Vasurivt in Sa*Hvat 1467, irvina badi - - janau, 
during the reign of Maharana Udayasimha, 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 Maharana Udayasimha of Mevdaf, who ascended 
the throne in 1541 a. d. Hence the date of the MS. refers to the 5aka era, and 
corresponds to 1 545 A. D. The Smn'ti-ma^art contains no quotations from other 
law-books than Smre'tis. The name of Govindar&^a's father, Bha/7a Madbava, 
occurs frequently in the colophons of the several sections. 

' Colebrooke, DSy. XI, 2, 31, where Govinda's name is also placed after 
Bho£arl£a's. 

' Aufrecht, Cat. Sansk. MSS. of the Bodleian Library, p. 283*. 

' Jolly, Tagore Lectures, p. 9. 

* ' Obscure' is the epithet applied to it by SirW. Jones, Pref. to the transl. of Mann, 
p. xvii. (St. Grady). This estimate is probably derived from Kulluka's utterance 
in the concluding verses of his commentary, *rjfa TOJ fH'J4H«<J<miiflfa- 
^JTTift *\>u. It is only what might be expected from a plagiary who bitterly 
hated the man whose work he wished to supersede. 



Digitized by 



Google 



CXXV111 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 does 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 
Kullftka ridicules, not without reason. Thus in his remarks 
on-.Manu III, 50, 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 1. These occasional eccentricities do not, however, 
seriously diminish the usefulness of the Manurfka. 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 187 9-1 880, 
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^na-Narayawa's Manvarthavivn'ti or Manvar- 
thanibandha, is fixed, as Professor Jolly has first pointed 
out, by a passage in the introduction to Raghavananda's 



Digitized by 



Google 



INTRODUCTION. CXX1X 



commentary 1 . The latter author says there that ' he has 
taken cognisance of (the opinions) approved by Kulluka 
and Narayawa, 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 2 , is not unreasonable. In its favour speaks also 
the fact that Narayawa quotes Govindara^a on Manu VIII, 
1 23. In order to fix the date when Narayawa 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 8 . But a Namani- 
dhana by Narayawa Sarva^vfa is mentioned by Rayamuku/a 
in his commentary on the Amarakosha, which was com- 
posed in 1431 A.D.* The only MS. of the Manvarthavi- 
vriti 5 hitherto found (Deccan College Collection of 1879- 
1880, No. 238) bears at the end of Adhyaya VIII, the date 
Sam. 1544 £aitra badi 9 ravau, which corresponds to 
Sunday, March 27, 1497 A.D. Hence it follows that 
Narayawa 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 difficult passages and words. 
It was written with the avowed intention of undoing the 
work of the author's predecessors. At the end of chapters 



1 Jolly, Tagore Lectures, p. 1 1 ; the passage has been printed in Dr. Bumell's 
Tanjore Catalogue, p. 136. 

' This manner of enumerating a series of persons or of arguments is also found 
occasionally in older Sanskrit works ; gee e. g. VasishMa XIII, 58. 

* Aufrecht, Catalogue Sansk. MSS. Bodl.Libr. p. 270. 

* See Professor Aufrecht 's Analysis in the Journal of the German Oriental 
Society, vol. xxviii, p. 1 14. 

* This MS., which has been used for the notes to the translation, is a very fair 
copy, containing the commentary alone. Fols. 1-8 have been half eaten by rats. 
Fols. 193-3 have been lost. 

[*5J i 

Digitized by LjOOQlC 



CXXX LAWS OF MANU. 



I, VI, and VIII we find a verse, apparently belonging to 
Nariyawa, which says,' This commentary of the Manu-smr*ti, 
composed by the illustrious Narayawa Sarva^vJa, thrusts far 
away the exposition given in contemptible compilations V 
Again, at the end of chapter IV we read, ' Direct your atten- 
tion to the good words of Naraya»a Sarva^fla, which 
propound the real meaning of Manu and repel the exposi- 
tion given in contemptible compilations 2 .' 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 .Sastras. As we learn from 
his commentary on Manu V, 56, 80, 104, XI, 72, he also 
wrote two other works on Dharma, a Kamadhenudlpika 
and a Suddhidipika. His Kosha has been mentioned above. 
Commentaries of his on parts of the Mahabharata, e. g. on 
the Udyogaparvan, on the Svargarohawaparvan 3 , and on the 
Sanatsu^attya, are still extant *. 

Wfif II Thus at the end of chapter I ; in the other two passages the 
MS. has the faulty form ftR'Wfl. 

VCTPpPIW II Three other boastful verses occur at the end, I. of chapter 

in, <fhtm^wrati^ft i #c^jhrPWT ; 1 i^^RfirrVrn^rrS [t] *fa*r*ir 

$pn II a. of chapter V, ^iHKmiUwlflfHpfirtf ^faST UTtrft^ I H$*» 

faro* w* < iyrmn|ftTftnm 11 3 of chapter ix, s fcrnrwHHhftw 

TO$fqW*RH I rfm VS r?CT ^TT ^[f%]w fl5 ^ [m] flPt II 

' Weber, Berlin Catalogue, Nos. 304, 399 ; Aufrecht. Catalogue, Bodl. Libr. p. a . 
4 Telang, Sacred Books of the East, vol. viii, p. 148. 



Digitized by 



Google 



INTRODUCTION. CXXXl 



The fourth work on our list, the well-known Manvartha- 
muktivali of Kullukabhatfa, 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 Kulluka informs us that he was a Gaiu/a or 
Bengali by birth, his father residing in Nandana in Va- 
rendrt 1 , and that he wrote his work at Benares with the 
assistance of other PaWits. As regards his times, we only 
know that Narayawa Sarva^vta and another commentator, 
Dhara«ldhara 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 Kulluka repeatedly inveighs against his predecessor, 
he has not disdained to copy very large portions of the 
Manurfki, sometimes verbatim and sometimes in very 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 Manutfka, not very great, 
though it is undeniable that in certain cases Kulluka'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 Pawdits 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 Dinijpur and the Ganges, Cunningham, Arch. 
Reports, XV, Plate I, and p. 40. 

' See concluding verses at the end of chapter XII. 

' Anfrecht, loc. cit. p. 392. 

* Die Juristischen Abschnitte aus dem Gcsetibuche des Manu, p. 3, des 
Separatabdrucks; Tagore Lectures, p. 10. 

i 2 



Digitized by 



Google 



CXXXU LAWS OF MANU. 



have used no MSS. of the Muktavali ; but two editions, 
Gibanand's reprint of the earlier Calcutta edition 1 and the 
Bombay lithographed edition of .Sakasamvat 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/fcan- 
drika, written by Raghavananda Sarasvati, an ascetic of 
.Sankara/frarya's school 2 , and a pupil of one Virveyvara- 
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- 
yawa's interpretations or recurs to views of Govindara^a 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 Vcdanta doctrines of 
his school. The ATandrika 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 3 . I have not met with any quota- 
tions from it in other law-books. The oldest known MS. is 
that brought by Anquetil from Gujarat and deposited in 
the Bibliotheque Nationale at Paris (Devanagari 49, fonds 
d' Anquetil, No. 16). Its date, Sawvat 1706 varshe karttika 
badi 10 somadine, corresponds, according to Dr. Schram's 

1 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., N4r., RSgh., of the Karmir copy and other MSS. 

■ According to H. H. Wilson, Works, I, pp. 102-3 (ed. Rost), the ascetics, 
bearing the title Sarasvati, follow the safftpradiya of .S'ankaraiarya. See also 
Aufrecht, Catalogue Sansk. MSS. Bodl. Libr. p. 7VJ. 

* Mr. Loiseleur Deslongchamps' attempt (Lois de Manou, p.xvi 1 ) to identify 
Raghavananda with Raghunandana, the bhaJt&A&rya. of the sixteenth century, is 
an unlucky guess. It seems to me that the author of the AandrikS is identical 
with the ascetic Raghavananda, pupil of Advayananda, pupil of VLrv&rvara, 
who is mentioned as an author on S&wkhya and VedSnta philosophy by Dr. F. E. 
Hall, Catalogue, pp. 6, 91, &c. 



Digitized by 



Google 



INTRODUCTION. CXXX1U 



calculation, to Monday, November 29, 1649. Another old 
MS. of about the same date is mentioned by Dr. Bun- 
nell, Tanjore Catalogue, p. 1 26. For the notes I have used 
the Paris MS., which teas 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 1882-1883, acquired by Professor 
Bha»</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 (Nandanaiarya 
according to Dr. Burnell), the son of Lakshmawa, a member 
of the Bharadva^-a gotra, and the dear friend of the illus- 
trious Viramalla 1 . 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. 1 2) 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 Sakasawtvat 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/aA, 'clear,' and 

1 The colophon of chapter XII runs as follows: wfff VflHUf lll'ft JJB 

tj'JOtaKli tfffirwt IKSJIuilC U Vframalla 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. zv, note 6, where the editor speaks of a commentary on Manu, 
Nandara^icrit (?) by Nandar^a. 



Digitized by 



Google 



CXXX1V 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 list must certainly be 
reckoned. The favourite among them is the Manvartha- 
vivrz'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 KullOka. 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 elms* belongs M «* I f« Hi : for {jqifotft: M. Ill, 114, the sense- 
less ^TOU^ for *tHJ*^ M. VIII, 154 (not given in the notes), WHTJpj for 
*W?P^ IX, »02, and so forth ; to the second, ^HHiftjPJH^l for e^TTlSfiff 

%h m. in, s, mOw^K for mCr<m t i^ m. vii, 54, trafqir: for tor: 

M. VIII, l6», ?nfiGre*r<rT: for ^iPdeUmi: M. VIII, 183 (not given in tie notes), 
q*pfr$yw ftt for H»pft^ Jjifg M. IX, i»6, W^irtT^ (toe. sing, of 
«M4lO !) for *M»W$r^M. X, »8, and so forth. 



Digitized by 



Google 



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 
Kannlr 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, 61, 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 Manuvyakhyina 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 1 , verses 8, 11, 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 Prattkas 
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 Manuvyakhy&na, which are not supported by the 
authority of other commentaries. 

The anonymous 7*ippa«a, or collection of detached ex- 
planatory remarks, in the Karaitr birch bark MS.* is of 
very small importance. It looks as if it owed its origin to 
the marginal notes of some learned Vandit, which, later, 
were copied with the text and placed after the verses to 

1 Compare also Professor Hopkins, Notes on the Nandint, Proceedings of the 
American Oriental Society, October, 1883, p. xviii, where, however, only verses 
8, II, 74, 81, and 331 are enumerated as missing. 

' Deccan College Collection of 1876- 1877, No. 355. 



Digitized by 



Google 



CXXXVl LAWS OF MANU. 



which they refer. Professor Jolly 1 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 </imbha, Manu V, 91) where the K&rmir commentary 
agrees with curious explanations given by Nandana. The 
text also agrees occasionally with peculiar readings adopted 
by Nandana or by Naraya/za and Nandana 2 . But I should 
consider it hazardous to draw from these instances any 
conclusions regarding the sources of the Tippawa. The 
Kajmtr MS., which has been very carefully written and 
corrected, is mutilated at the end, about one-third of each 
of the last dozen leaves being torn off. The loss falls on 
Manu XI, 218-XII, 126. 

The above remarks on the materials which I had at my 
disposal show that, in spite of their undeniable importance, 
they were insufficient for a radical change in the treatment 
of Manu's text As the recension, given by KullGka, was 
the only one accessible in its entirety and in tolerably trust- 
worthy copies, I could not do anything else than take that 
for the basis of my translation. Practical reasons, too, espe- 
cially the consideration that the Indian public has been accus- 
tomed to Kulltika's text, and that the numerous references 
in the translations of Hindu law-books point to the Manu of 
KullOka, made the adoption of this principle highly desir- 
able. I have, therefore, retained every verse which Kulluka 
explains, though the weight of the authorities might be 
against its genuineness, and I have refrained from receiving 
into the text any verse which he omits. In cases of the 
former kind the names of the dissenting commentators have 
been given in the notes, where also translations of the best 
accredited and more important additional verses, given by 
other commentators, will be found 3 . I have, moreover, 



1 Tagore Lectures, p. 1 1. 

* See e.g. notes on Manu I, l; III, 59, 73, 195. 

* I may add that I have paid no attention to those verses which the medieval 
Nibandhas on law quote as Mann's, but which are not traceable in the recension 
approved of by the commentators. These verses are in my opinion all spurious. 
In most cases we have simply to deal with misquotations caused by the careless- 



Digitized by 



Google 



INTRODUCTION. CXXXvi 1 



adhered to Kulltika's order of the verses, except in some 
cases where he is evidently in the wrong, and the transposi- 
tion causes no great inconvenience. On the other hand, 
I have tried to remove the numerous palpable blunders in 
the readings of the editions, which are mostly due, not to 
Kulluka himself, but to the editors of his text. The notes 
show what has been changed, and on whose authority it has 
been done. I have, finally, added a selection of the more 
important various readings given in the other commentaries. 
With respect to the translation, my proceeding has been 
somewhat different. Though I should have liked to follow 
in the text Kulluka's commentary alone, and to give the 
renderings of the other commentators in the notes, I found 
that to be impracticable. The bulk of my volume would 
have become enormous, and in very many passages I should 
have been compelled to declare the rendering placed in the 
text to be utterly erroneous. In order to escape these 
difficulties I have generally, except in very doubtful 
passages, translated in accordance with that exposition 
which seemed to me most reasonable, and have placed 
some of the other particularly noteworthy explanations in 
the notes. In a certain number of verses where the real 
meaning of the text is very doubtful, I have not gone 
beyond a literal rendering of Manu's words, which, like the 
original, may be interpreted in different ways. In such 
cases the notes exhibit all the various interpretations 
found in the commentaries. In a very small number of 
verses the explanations of the commentators have been set 
aside altogether for reasons duly stated in the notes. The 
length of my notes varies very much, according to the 
interest or difficulty of the subject treated in the text. 
Thus the summary of the opinions of the commentators 
on the practically important titles of the Hindu law, Manu 
IX, 1-219,' is as complete as the state of the MSS. allowed 
me to make it. Almost all the explanations of the difficult 
philosophical portions of chapters I and XII have likewise 

ness of the Nibandhakaras, who are as little to be depended upon for accuracy 
as Indian writers on other scientific subjects or as the European medieval writers 
on classical philology. They quoted mostly, if not invariably, from memory. 

[25] k 



Digitized by 



Google 



CXXXVIU LAWS OF MANU. 



been given. But the extracts from the commentaries 
on the easier sections referring to the duties of students, 
householders, Snatakas, and so forth, have been made very 
short, as for the right understanding of the greater part of 
their verses little more is wanted than the parallel passages 
of the other ancient Smr/tis. Among the latter, those 
translated in vols, ii, vii, and xiv of this series have been 
quoted everywhere. If Narada has been excluded, the 
reason is that the new translation, which Professor Jolly 
will soon publish according to recently discovered materials, 
would have made the references useless. The quotations 
from Manu, which occur in the translated Nibandhas on 
Hindu law, have been collected, for the convenience of 
practical lawyers, in the Appendix. As regards the rela- 
tion of my version to those of earlier translators, it will be 
evident to everybody how much I am indebted to Sir 
William Jones' great work, which, in spite of the progress 
made by Sanskrit philology during the last hundred years, 
still possesses a very high value. I have also to acknowledge 
my obligation to the German translation of chapter VIII 
and of w. 1-102 of chapter IX by Professor Jolly, which 
is based on the materials used by myself. If no reference 
has been made to the translation lately published by 
Drs. Burnell and Hopkins, the reason is that the printing 
of mine was complete some time before its appearance. 

In conclusion, I must express my thanks to several col- 
leagues, especially to Professors Jolly and Kielhorn, for 
assistance rendered in various ways, as well as to Dr. R. 
Rost, Chief Librarian at the India Office ; to K. M. Chat- 
field, Esq., Director of Public Instruction, Bombay; to the 
Director of the Bibliotheque Nationale of France ; and to 
Divan Bahadur Raghunath Rao of Mylapur, Madras, for 
liberal loans of MSS. 



Digitized by 



Google 



LAWS OF MANU. 



Digitized by 



Google 



Digitized by 



Google 



LAWS OF MANU. 



Chapter I. 

i. The great sages approached Manu, who was 
seated with a collected mind, and, having duly 
worshipped him, spoke as follows : 

2. ' Deign, divine one, to declare to us precisely 
and in due order the sacred laws of each of the (four 
chief) castes (var»a) and of the intermediate ones. 

3. ' For thou, O Lord, alone knowest the purport, 
(i. e.) the rites, and the knowledge of the soul, 
(taught) in this whole ordinance of the Self-existent 
(Svayambhu), which is unknowable and unfathom- 
able.' 

1. 1. Kull. thinks that pratip%ya, ' having worshipped,' may also 
mean ' after mutual salutations,' and he connects, against the opinion 
of the other commentators, 'duly' with ' spoke.' Gov., NSr., Ragh,, 
and K., as well as various MSS. (Loiseleur I, p. 313 ; Bikaner Cat. 
p. 419), begin the Sawhita" with the following verse, omitted by 
Medh., Kull., and Nand. : ' Having adored the self-existent Brahman, 
possessing immeasurable power, I will declare the various eternal 
laws which Manu promulgated.' 

2. After this verse Nand. inserts four lines, the first and last of 
which are also found in K. : (a) ' The origin of the whole multi- 
tude of created beings, of those born from the womb, of those 
born from eggs, of those produced from exudations and from ger- 
minating seeds, and their destruction;' (b)'The settled rule of all 
customs and rites deign to describe at large, according to their 
times and fitness.' 

3. 'The ordinance of the Self-existent,' i.e. 'the Veda' (Kull., 
NSr., and Ragh.), or ' the Veda or the prescriptive rules (vidhi) 

.*. I>5] B 



Digitized by 



Google 



LAWS OF MANU. I, 4. 



4. He, whose power is measureless, being thus 
asked by the high-minded great sages, duly honoured 
them, and answered, ' Listen !' 

5. This (universe) existed in the shape of Dark- 
ness, unperceived, destitute of distinctive marks, 
unattainable by reasoning, unknowable, wholly im- 
mersed, as it were, in deep sleep. 

contained in it' (Medh.), or ' the institutes' (Gov.). Aiintya, ' un- 
knowable,' i.e. 'the extent of which is unknowable' (Kull. and 
Ragh.), or ' unknowable on account of its depth' (Gov.), or ' the 
meaning of which cannot be known by reasoning' (Nar.), or ' not 
perceptible by the senses' (Medh.), or ' difficult to understand' 
(Nand.). Aprameya, 'unfathomable,' i.e. 'not to be understood 
without the help of the Mimawsa and other methods of reasoning* 
(Kull.), or ' unfathomable on account of its extent' (Gov., Nand.), 
or ' unfathomable on account of its extent, or not directly know- 
able but to be inferred as the foundation of the Smmi' (Medh.), 
or ' difficult to understand' (RSgh.). KulL and Ragh. explain karya- 
tattvartha by ' the purport, i.e. the rites, and the nature of the soul;' 
Medh., Gov., and Nand. by ' the true purport, i.e. the rites.' Nand. 
takes sarvasya, ' whole,' as depending on ' ordinance,' and in the 
sense of ' prescribed for all created beings.' 

In the commentary on verse 1 1 Medh. gives still another explana- 
tion of this verse, according to which it has to be translated as 
follows : ' For thou, O Lord, alone knowest the nature and the object 
of the products employed in the creation of this universe, which is 
unthinkable on account of its greatness, and unknowable.' This 
version belongs to 'other' commentators, who explain Manu's whole 
account of the creation purely on Sawkhya principles. 

5. The account of the creation given in verses 5-13 bears, as 
Dr.Muir remarks (Sanskrit Texts, IV, p. 2 6), some resemblance to that 
contained in some passages of the .Satapatha-brahmana, especially 
XI, 1, 6, 1 seqq., and is probably founded on some Vedic work, 
' with an intermixture of more modern doctrines.' In explanation 
of the wording of verse 5, Medh. and Kull. point to passages like Rv. 
X, 129, 3, and Taittiriya-brdhmawa II, 8,9, 4. Sayawa, too, quotes 
the verse in his commentary on the latter passage. 

The commentators Medh. and Gov. explain the fact that Manu, 
being asked to expound the law, gives an account of the creation, 



Digitized by 



Google 



1,6. THE CREATION. 



6. Then the divine Self-existent (Svayambhu, 
himself) indiscernible, (but) making (all) this, the 
great elements and the rest, discernible, appeared 
with irresistible (creative) power, dispelling the 
darkness. 

by the supposition that it is intended to show what a great scope 
the work has, and how necessary its study is, as the production of 
the various created beings depends on merit and demerit. Kull., 
on the other hand, tries to prove that the account of the creation, 
which belongs to the knowledge of the supreme soul, is part of the 
sacred law, and hence properly finds its place here. All the com- 
mentators, with the exception of Ragh., explain tamaA, ' darkness,' 
by mulaprakmiA, 'the root-evolvent' of the Sawkhya philosophy, 
and tamobhutam, ' in the shape of darkness,' by ' absorbed in the 
root-evolvent." Ragh., who throughout explains Manu's sayings in 
the sense of the Vedanta school, takes it for an equivalent of 
avidya, ' ignorance.' The explanation of the four adjectives, which 
express in different terms the impossibility of knowing the mula- 
prakr/ti, differs very much in the six commentaries. The most 
reasonable appears to be Kulluka's view, who assumes that the four 
words refer t6 the impossibility of attaining a knowledge of the 
praknti by the three means mentioned below, XII, 105, and 'by 
reasoning' (tarka). He paraphrases apra^wata, ' unperceived,' by 
'imperceptible by the senses;' alakshawa, 'destitute of marks,' 
by ' uninferrible;' avi^weya, ' unknowable,' by ' undefinable by words 
or authoritative statement.' 

6. The above translation follows Gov., Nar., and Kull. The other 
three commentators take mahabhutadivmtau^aA as a relative com- 
pound. On this supposition the translation would run as follows : 
' Then the divine Self-existent, (himself) undiscernible, (but) making 
this (universe) discernible, appeared, — he whose (creative) power 
works in the great elements and the rest, and who dispels the 
darkness.' 

' Then,' i. e. at the end of the period of destruction. Avyakta^, 
' (himself) undiscernible,' i. e. ' not to be known except by Yogins' 
(Medh.), or ' not perceptible by the external senses' (Gov., Kull., 
Nar.), or ' not to be known except through the texts of the Upani- 
shads'(Ragh.), or 'difficult to know'(Nand.). Medh. would prefer to 
read avyaktam, 'this indiscernible (universe).' 'The great elements 
and the rest,' i.e. ' the other principles, the great one and so forth' 

B 2 



Digitized by 



Google 



4 LAWS OF MANU. 1,7. 

7. He who can be perceived by the internal organ 
(alone), who is subtile, indiscernible, and eternal, 
who contains all created beings and is inconceivable, 
shone forth of his own (will). 

(Medh., Gov., Nir., KulL, Nand.), or ' egoism' (RSgh.). 'Appeared,' 
i.e. 'assumed a body of his own free will, not in consequence of 
his karman, his acts in a former existence' (Medh., Gov., KulL, 
Nand.), or ' became discernible' (vyakta), (Nar.), or ' became ready 
to create' (karyonmukha), (RSgh.). Gov. explains \rittaag&A, 
' with irresistible power,' by ' who obtained power' (praptaw balaw 
yena). KulL explains tamonuda^, 'dispelling the darkness (i. e. of 
destruction),' by 'giving an impulse to the root-evolvent,' and Ragh. 
takes it in a similar way. 

The commentators whose opinion Medh. adduces under verse 1 1 , 
explained this verse also as a description of the self-evolution which 
the prakr/U performs according to the Sawkhyas. They took sva- 
yambhuA, ' the self-existent,' in the sense of ' which modifies itself of 
its own accord ;' bhagavan, 'divine,' in the sense of 'which is power- 
ful enough to perform its business' (svavyapara trvaraA). The other 
words presented, of course, no great difficulties. 

7. ' By the two pronouns yo 'sau, " he who," he indicates the 
supreme soul, known in the whole world, in the Vedas, Purawas, 
Itihasas, and so forth' (Kull.in accordance with Medh.). The latter 
proposes, besides the explanation of atindriy agrahyaA, ' who can be 
perceived by the internal organ (or the mind alone),' which Gov., 
Kull., and Nand. adopt, another one, ' who, being beyond the cog- 
nisance of the senses, can be perceived by Yoga-knowledge alone.' 
N&r. and Ragh., too, differ from the interpretation given above. 
'Subtile,' i.e. 'who is beyond all distinctions, such as small and 
great' (Medh.), or 'who is unperceivable by the external senses' 
(Kull.), or 'who is perceivable by subtile understanding only' (Gov.), 
or ' who is without limbs or parts' (Ragh.). Nand. points to the 
common epithet of the supreme soul, ' smaller than small' (Ka/A. 
Up. II, 20; Bhagavadgita VIII, 9). AvyaktaA, ' indiscernible,' is 
taken by Kull. to mean ' destitute of limbs or parts.' Sarvabhuta- 
mayaA, 'who contains all created beings,' means, according to 
Medh., either ' that he conceives the idea of creating all beings,' or 
' that, in accordance with the Advaita VedSnta, all beings are illusory 
modifications of him.' The latter view seems to be the one adopted 
by all the other commentators. ' Shone forth,' i.e. either ' assumed 



Digitized by 



Google 



I, 10. THE CREATION. 



8. He, desiring to produce beings of many kinds 
from his own body, first with a thought created the 
waters, and placed his seed in them. 

9. That (seed) became a golden egg, in brilliancy 
equal to the sun ; in that (egg) he himself was born 
as Brahman, the progenitor of the whole world. 

10. The waters are called nira^, (for) the waters 
are, indeed, the offspring of Nara ; as they were his 
first residence (ayana), he thence is named Nara- 
ya«a. 

a visible body' or 'was self-luminous' (Medh.), 'assumed a body' 
(Gov.), ' appeared in the form of the evolutes, the great one, and 
so forth' (Kull.), ' became discernible' (Nand.). 

8. Besides the passages quoted under verse 5, compare also the 
Paurinik story of the mundane egg, Wilson, Vish«u-pura«a I, 
PP- 39-4° ( e d. Hall). 'He' is according to Medh. and RSgh. 'Hira- 
wyagarbha,' according to the other commentators, 'the supreme 
soul.' Medh. refers to Rig-veda X, lai, 1. According to Medh. 
(verse 1 1) those who understood the whole passage to refer to the 
unintelligent prakrzti, explained abhidhyaya, ' with a thought,' to 
mean ' independently of all external action, just as a man performs 
an act merely by a thought.' They also asserted that the waters 
were produced as the first element only, but not before the great 
one and the other principles. Kull., on the other hand, sees in the 
expressions, used in this verse, the proof that Manu was an 
adherent of the non-dualistic Vedanta. 

9. Medh., Kull., and RSghava take the epithet 'golden' figura- 
tively, and consider it to be intended to convey the idea of purity or, 
as Ragh. also proposes, of brilliancy. Instead of ' he himself was 
born as Brahman (masc.),' the translation may also be ' Brahmi 
himself was born.' Medh. gives both explanations. The other 
commentators adopt that given in the text. The being produced 
is, according to all except Ragh., Hirawyagarbha. Ragh., as a 
strict Vedantin, thinks that it is Vira/. All the commentators 
point out that pitlmaha, ' the progenitor,' lit. the grandfather, is 
a common name of Brahman (masc). 

10. This punning explanation of Brahman's name Narayana 
occurs in most of the Purawas, see Wilson, Vish»u-pura»a I, p. 56 
(ed. Hall). Both Medh. and Gov. seem to have read apo nara/;, 



Digitized by 



Google 



LAWS OF MANU. I, n, 



> 



ii. From that (first) cause, which is indiscernible, 
eternal, and both real and unreal, was produced that 
male (Purusha), who is famed in this world (under 
the appellation of) Brahman. 

12. The divine one resided in that egg during 
a whole year, then he himself by his thought (alone) 
divided it into two halves ; 

13. And out of those two halves he formed 
heaven and earth, between them the middle sphere, 
the eight points of the horizon, and the eternal 
abode of the waters. 

14. From himself (atmana^) he also drew forth 
the mind, which is both real and unreal, likewise 
from the mind egoism, which possesses the function 
of self-consciousness (and is) lordly ; 

15. Moreover, the great one, the soul, and all 

' the waters are called nar&A.' Nara is another name of the supreme 
soul. 

it. All our commentators except Ragh., whose explanation is 
wide off the mark, understand by the ' (First) cause ' the supreme 
soul. Sadasadatmaka, ' who is both real and unreal,' means ac- 
cording to Medh., Gov., and Kull. ' who is existent or real, because 
he can be known through the Veda and VedSnta, but non-existent 
or unreal, as it were, because he cannot be perceived by the senses.' 
Nand.'s explanation, 'who is both the real, the efficient cause and the 
unreal the products, matter and the rest,' seems, however, preferable. 
He says, sad iti kSra«am asad iti prakrrtyddi karyam. Regarding 
the ancient Vedic term Purusha, ' the male ' or ' spirit,' see Muir, 
Sanskrit Texts, V, pp. 367-377. 

1 2. Kull. explains the term ' a year ' by ' a year of Brahman.' But 
Medh. and Gov., who say that a human year is meant, are in 
accordance with .Satapatha-brahmawa XI, 1, 6, 2. 

1 3. The number ' eight' is obtained by adding to the four cardinal 
points, ' the intermediate ones,' north-east, south-east, &c. 

14-15. The commentators offer two entirely different explana- 
tions of these two difficult verses. According to Medh., Gov., 
Kull., and Ragh. they describe the production of the Tattvas, the 



Digitized by 



Google 



1,15. THE CREATION. 7 

(products) affected by the three qualities, and, in 
their order, the five organs which perceive the 
objects of sensation. 

principles of the Sivwkhya system, the first three of which, Mahat, 
Ahawkira, and Manas, have been placed in an inverted order. 
Though Manu clearly states (verse 14) that the creator drew the 
Manas (which they take to mean the internal organ) from the 
atman (i. e. according to Medh. and Gov. ' from the Pradhana,' 
which is his own shape [tatpradhanid atmanaA svasvarupat, 
Medh.], or according to Gov., KulL, and Ragh. ' from the Paramdt- 
man,' the supreme soul, or according to another explanation of 
RSgh. 'from himself [svasmit | ^ivasya bhogartha/rt va]), that he 
drew the AhawkSra, egoism, from the Manas, and that he after- 
wards created the mahantam atmanam, 'the great one, the soul;' 
(i. e. according to Medh. the Mahat which is called the soul 
because like the soul it is found in all bodies, or according to Kull. 
the Mahat which is called the soul because it is produced from 
the soul or is useful to the soul), yet they think that it must be 
understood that the Mahat was produced first, from it the 
Ahawkara, and from the latter the Manas. The next term sarvam 
triguwani, ' all the products modified by the three qualities,' they 
refer to all products or evolutes named and to be named hereafter. 
They are thus obliged to disregard the £a, ' and,' at the end of 
verse 15 a, and Ragh. states distinctly that ka. indicates there a 
stress to be laid on the preceding word (£akaro 'vadharawarthaA). 
Finally, Gov., KulL, and Ragh. are of opinion that the third £a, 
' and,' at the end of verse 15 b indicates that the organs of action 
and the subtile elements have to be added in accordance with 
the doctrine of the Samkhya, while Medh. holds that the subtile 
elements alone have to be understood. 

Nand. and, to judge from the fragments of his commentary, 
Nar. also give a far different explanation. According to them the 
first created Manas is another name for the principle usually called 
Mahat. In proof of this assertion Nand. adduces a passage from 
a Purawa, which Medh. quotes on verse 74, where Manas is given 
as a synonym of Mahat (see also Cowell, Sarvadarrana-samgraha, 
p. 222, note 1). They farther take mahantam atmanam, 'the 
great one, the soul,' to denote the Manas or internal organ 
([mahantam] i& mano nlma tattvam atmanam atmano givasyd- 
va^Medakatvad vyapaderaA, Ragh.). By the expression sarva»i tri- 
guwani Nand. seems to understand the subtile elements (tanmdtra), 



Digitized by 



Google 



8 LAWS OF MANU. I, I<S. 

1 6. But, joining minute particles even of those six, 
which possess measureless power, with particles of 
himself, he created all beings. 

and he too believes that the particle to. at the end of verse 15 b 
shows that the organs of action have to be understood. The object 
of the two verses is, according to Nand., not to give an account of 
the actual order of creation, but to show that the material cause 
of all created beings consists of portions of the creator's body, of 
the Mahat, Ahamkara, the Manas, the Tanmatras, and the organs 
of sensation and action which belong to him ; (anena jlokadva- 
yenaitad uktam bhavati | atmiyanam mahadahawkaramanastan- 
matra#nanakarmendriya«am amsih sarvabhutopadanam iti 11) It 
would seem that Nand. and Nar.'s view, as regards the explana- 
tion of Manas (verse 14), is correct, but it may be doubted 
whether, with respect to the terms in verse 15, mahan atma 
and sarvawi trigu*ani, they have been equally lucky. The 
explanation of the first four commentators seems altogether 
inadmissible. In conclusion, it may be stated that Nand. gives 
also the most acceptable explanation of the epithet of the Manas, 
sadasadatmakam, which, he says, means ' partaking of the nature 
of an evolvent and of an evolute ' (prakr/tivikr/'tyatmakam), and of 
favaram, ' lordly,' ' which causes all actions to be done ' (sarva- 
karmapravartakam). 

16. The translation follows Nand., Ragh., and Vi^nanabhikshu 
(Sawkhyasara, p. 19, ed. Hall), who agree that the verse derives 
the subtile or rudimentary bodies of individual beings from the 
subtile body of the creator, and the individual souls from his soul. 
They explain atmamatrasu by apari£4Ainnasyaikasyatmana upa- 
dhivarad avayavavatprattyamaneshu atmasu (Ragh.), sva^vaaweshu 
(Nand.), and svawjaietaneshu {Vigri.). But they differ with respect 
to the meaning of ' the particles of those six.' ' Those six ' are, 
according to Ragh. and Vi^n., 'the six senses,' i.e. the five organs 
of sensation and the mind (which by implication indicate the whole 
subtile body, Vi^I.) ; according to Nand., the six classes of tattvas, 
which he believes to be mentioned in the preceding two verses, viz. 
(1) the great one, (2) egoism, (3) mind, (4) the subtile or rudi- 
mentary elements, (5, 6) the organs of sensation and action. 

Medh., Gov., and Kull., on the other hand, take the verse as 
follows: 'Joining minute particles of those six (i.e. of egoism and of 
the five subtile elements) which possess immeasurable power to par- 
ticles of the same (i.e. of evolutes from the same six [Gov., Kull.], 
i.e.of the gross elements produced from theTanmatras and the organs 



Digitized by 



Google 



I, 17. THE CREATION. 



1 7. Because those six (kinds of) minute particles, 
which form the (creator's) frame, enter (a-^ri) these 
(creatures), therefore the wise call his frame $arlra, 
(the body.) 

produced from egoism [Medh.]), he framed all beings.' It would 
seem that Nand.'s explanation comes nearest to the truth, though, 
as stated above, his manner of showing that six principles or classes 
of principles are mentioned in the preceding verses is not altogether 
satisfactory. But, at all events, he has seen that the expression ' those 
six* must refer to the enumeration in the preceding two verses. 

17. The translation again follows Nand., with whom Nir. seems 
to have agreed. He says, ' Because six (kinds of) particles of his 
frame, i.e. the six before-mentioned portions of the body of Brah- 
man, the Mahat, and the rest, enter, i.e. pervade these — all the 
creatures mentioned in the preceding verse are referred to — on 
account of that entering (jrayawSt), they call the body of that, i.e. 
of Brahman, jarfra. The meaning is as follows: The body of 
Hiranyagarbha is called jarira, because it enters (jrayati) all beings 
by means of its portions, being (their) material cause ; but it is not 
destroyed (rfryate) like a common body.' Nand. thinks, therefore, 
that the punning explanation of the word jarlra from shad am, or 
sri, is given in order to show that the other etymology, which derives 
it from sri, ' to destroy,' is not applicable to the body of Brahman. 

Medh., Gov., and Kull. take the verse very differently. They agree 
in supposing that the body is called jarira, because the six elements 
mentioned enter into or produce the gross elements and the organs. 
Medh. reads tinfmani for tasyemani, and according to his interpre- 
tation the translation would be, ' Because the six (kinds of) minute 
particles producing the body enter into (being their cause) or produce 
these (i.e. because egoism, the before-mentioned organs and the sub- 
tile elements enter the gross elements which will be mentioned here- 
after), therefore the wise call the body, which is the visible shape of that 
(Pradhana), jarira.' Kull., who reads tasya, differs from this version 
only therein that he refers tasya to Brahman. Ragh. finally gives, 
in accordance with his explanation of ' those six,' the following ver- 
sion, 'Because the six (kinds of) fine particles constituting the 
subtile frame of that (Hirawyagarbha, i.e. the mind and the rest) 
enter these (gross bodies as their place of enjoyment), therefore 
the wise call the visible frame of that (i. e. of the individual soul) the 
jarira.' He agrees, therefore, with Medh., Gov., and Kull. so far that 
he, too, refers the verse to the gross bodies. 



Digitized by 



Google 



IO LAWS OF MANU. I, 18. 

1 8. That the great elements enter, together with 
their functions and the mind, through its minute 
parts the framer of all beings, the imperishable one. 

1 8. The commentators give five different versions of this verse : 
(i) Medh.,'That (i.e. the PradhSna is) the producer of all beings 
and imperishable, because these, (viz.) the gross elements with their 
functions (and before them) the mind with its minute particles (i.e. 
the subtile elements, intelligence, egoism, and the organs), enter it.' 
(2) Gov. and Kull, 'From that (i.e. the Brahman, which has the 
form of the subtile elements and of egoism) are produced the gross 
elements, together with their functions and the mind, which is the 
producer of all beings through its minute (i.e. imperceptible) portions 
(i.e. its products, good and bad thoughts, pleasure and pain, and so 
forth, the world being produced by the good and evil actions origi- 
nating in the mind) and imperishable.' (3) Ragh., 'That (i.e. the 
gross body) the gross elements enter (as producers [or produce]) 
and the mind, which is the producer of all beings and imperishable, 
together with the actions (i.e. merit and so forth) and with the 
(organs which are chiefly) limbs.' (4) Nand., ' (As) that (body of 
Hira/zyagarbha), though through its small portions it produces all 
beings, yet is imperishable, (even thus) the great beings (egoism, 
mind, the trigtwas, the organs of sensation and action) and the 
mind (i.e. the principle, called the great one), with the actions (i.e. 
the individual souls) enter it.' (5) Nar.'s explanation is mutilated, 
but seems to have been as follows, 'That (i.e. the subtile body) 
the gross elements (which produce the gross body) enter, together 
with the karman (i.e merit and demerit) and the mind, (which is) 
the producer of all beings and imperishable, together with (its 
functions, knowledge, desire, hatred, &c, which are, as it were, its) 
minute portions.' 

It seems to me that not one of the above explanations can be 
accepted in its entirety. I agree with Nar. in thinking that the 
word 'that' refers to the subtile body and that the verse describes 
the origin of the gross body as the result of the union of the 
great, i. e. the gross elements and of the manas with the subtile 
body. If the mahanti bhutani are the gross elements, it will, how- 
ever, be necessary to understand by karmabhiA, ' their functions,' 
which, as Medh. and Kull. mention, are ' the function of supporting 
for the earth, of ripening or cooking for fire and so forth.' By 
manas I understand here the internal organ which forms the con- 



Digitized by 



Google 



I, ao; THE CREATION. 1 1 

19. But from minute body(-framing) particles of 
these seven very powerful Purushas springs this 
(world), the perishable from the imperishable. 

20. Among them each succeeding (element) ac- 
quires the quality of the preceding one, and whatever 
place (in the sequence) each of them occupies, even 
so many qualities it is declared to possess. 

nccting link between the gross senses or the gross body and the 
individual soul, and thus may be said to frame or fashion all beings. 
As its nature is atomic, it is necessary to connect avayavaiA suksh- 
ma.\A with sarvabhutakn't and to take avayava either in the manner 
proposed by Kull., or to assume that the several mind-atoms are 
referred to, which belong each to a different individual. 

19. With respect to the explanation of the expression 'the 
seven Purushas,' the commentators differ as much as regarding 
' the six' in ver. 16. Medh., Gov., and Kull. add ' the great one ' or 
the Mahat to their previous enumeration, 'egoism and the five 
subtile elements,' while Nar. and Nand. add the 'portions of the 
Atman' (ver. 16) to those elements which they understand to be com- 
prised by ' the six.' That is, probably, the meaning of Ragh. also, 
who says, purushinam manaadipurushantanam saptanam, ' of the 
Purushas, i.e. of those seven, the first of which is the mind, and the 
last of which is the Purusha.' All the commentators agree that the 
term Purusha, 'male or spirit,' is applied to the principles in a 
metaphorical sense, but they give various reasons for the fact, 
' because they are for the sake of the soul,' purusha (Medh.), or 
' because they were produced by the Purusha, the Atman' (Kull.). 
N£r. understands 'and' with avyayit and says, 'and from the im- 
perishable, i.e. from Prakn'ti.' ' The perishable' designates, of 
course, 'the gross bodies.' 

20. This verse expresses the doctrine that the first element 
ether (akira) possesses one quality, sound, alone ; the next, wind 
two, sound and tangibility; the third, fire or light, three and so forth; 
see also S&wkhyasSra, p. 18. Nand. places ver. 27 before this verse, 
and asserts that ' if some read the latter seven verses further on, 
that is only due to an error of the copyists.' Though vers. 20 and 
27 are without any connexion with what precedes and follows, I do 
not think it advisable to adopt Nand.'s proposal, which I fear is 
based on nothing but a clever guess, against the authority of all 
the other commentators. If it were permissible to transpose the 



Digitized by 



Google 



12 LAWS OF MANU. I, at. 

21. But in the beginning he assigned their several 
names, actions, and conditions to all (created beings), 
even according to the words of the Veda. 

22. He, the Lord, also created the class of the 
gods, who are endowed with life, and whose nature 
is action ; and the subtile class of the Sadhyas, and 
the eternal sacrifice. 

23. But from fire, wind, and the sun he drew forth 
the threefold eternal Veda, called Rik, Ya^us, and 
Saman, for the due performance of the sacrifice. 

24. Time and the divisions of time, the lunar 
mansions and the planets, the rivers, the oceans, 
the mountains, plains, and uneven ground, 

25. Austerity, speech, pleasure, desire, and anger, 
this whole creation he likewise produced, as he 
desired to call these beings into existence. 

verses, I would propose to insert here ver. 2"j and to place this verse 
(ao) after ver. 78. 

aa. The commentators differ very much regarding the explana- 
tion of this verse. Medh. proposes, ' And the Lord created (for 
the sake) of men who are intent on performing sacrificial rites (the 
multitude) of the gods, the subtile class of the Sadhyas and the 
eternal sacrifice.' ' Others' mentioned by him, Gov. and Kull., insert 
another 'and' between karmatmanam and prawinam, and explain, 
' The Lord created the multitude of the gods whose nature is the 
sacrifice and of those endowed with life.' By the 'gods whose 
nature is the sacrifice' they understand the inanimate implements, 
used at sacrifices, but frequently addressed in the Veda as divine 
beings, while the gods endowed with life are said to be Indra, and 
so forth. Ragh., with whom Nar. seems to have agreed, says, 
•And the Lord created among beings endowed with life the to us 
invisible multitude of the gods, who by the results of their actions 
have obtained their divine station, or who subsist on offerings.' 
None of these speculations is of much use. But it may be that 
karman means ' sacrificial rites,' and karmatmanam may be trans- 
lated by ' whose nature is the sacrifice/ or ' whose divinity depends 
on the performance of sacrifices.' Regarding the Sadhyas, see 
Wilson, Vish«u-puri»a II, p. a a (ed. Hall). 



Digitized by 



Google 



1,31. THE CREATION. 1 3 

26. Moreover, in order to distinguish actions, he 
separated merit from demerit, and he caused the 
creatures to be affected by the pairs (of opposites), 
such as pain and pleasure. 

27. But with the minute perishable particles of 
the five (elements) which have been mentioned, this 
whole (world) is framed in due order. 

28. But to whatever course of action the Lord 
at first appointed each (kind of beings), that alone 
it has spontaneously adopted in each succeeding 
creation. 

29. Whatever he assigned to each at the (first) 
■creation, noxiousness or harmlessness, gentleness or 
ferocity, virtue or sin, truth or falsehood, that clung 
(afterwards) spontaneously to it 

30. As at the change of the seasons each season 
of its own accord assumes its distinctive marks, even 
so corporeal beings (resume in new births) their 
(appointed) course of action. 

31. But for the sake of the prosperity of the 

26. Other pairs of opposites are desire and anger, passionate 
attachment and hatred, hunger and thirst, sorrow and delusion, 
and so forth (Kull.). 

27. 'The minute perishable particles of the five (elements)' are 
according to Medh., Gov., and KulL the subtile or rudimentary ele- 
ments which may be called ' perishable,' because they are changed 
to gross elements. R&gh. explains the epithet 'perishable' by 
adding ' because they have been produced.' The commentators 
offer various explanations in order to account for the insertion of 
this verse which interrupts the continuity of the text. Medh. thinks 
that it is a re"sume". Gov. and Kull. state that it is meant to remove 
the doubt, whether Brahman's mental creation was effected without 
the help of the ' principles,' and Nar. asserts that it is meant to teach 
that atoms are not eternal. Nand., as stated above, note on ver. 20, 
places the verse immediately after ver. 19. 

31. Nar. explains lokavivriddhyartham, ' for the sake of the 



s 



Digitized by 



Google 



14 LAWS OF MANU. 1,32. 

worlds, he caused the Brahma#a, the Kshatriya, 
the Vai^ya, and the 6udra to proceed from his 
mouth, his arms, his thighs, and his feet. 

32. Dividing his own body, the Lord became 
half male and half female; with that (female) he 
produced Virif. 

33. But know me, O most holy among the twice- 
born, to be the creator of this whole (world), whom 
that male, Viri^ - , himself produced, having per- 
formed austerities. 

34. Then I, desiring to produce created beings, 
performed very difficult austerities, and (thereby) 
called into existence ten great sages, lords of created 
beings, 

35. Martii, Atri, Angiras, Pulastya, Pulaha, Kratu, 
Pra/£etas, Vasish/^a, Bhngu, and Narada. 

36. They created seven other Manus possessing 
great brilliancy, gods and classes of gods and great 
sages of measureless power, 

prosperity of the worlds,' by varwair lokarakshawasawvardhanirtham, 
' in order to protect the world by means of the castes and to make 
it prosperous.' Medh., Gov., and Kull., who interpret the compound 
by ' in order that (the inhabitants of) the worlds might multiply,' 
point to the benefits conferred by sacrifices of householders, III, 
76. Nand. says with reference to the bearing of the verse, ' Now 
he speaks of the creation of the deities representing the four 
castes.' Regarding the origin of the castes, see Rig-veda X, 90, 1 2. 

32-33. 'Produced/ i.e. 'begat' (Medh., Kull.), Wilson, Vishwu- 
purawa I, p. 104, note 2 (ed. Hall). 

34 _ 35- Wilson, Vish«u-pura«a I, p. 100, note 2 (ed. Hall). 

36. 'Manus,' i.e. 'creators in the several Manvantaras' (Medh., 
Gov., Kull., Ragh.). ' Gods,' i. e. ' such gods as had not been created 
by Brahman' (verse 22, Medh., Kull.); devanikayan, ' classes of 
gods ' (Nand., Nar.), means according to Medh., Kull., and Ragh. 
1 the abodes of the gods ' (devasthanani). Ragh. gives also the 
meaning ' the servants of the gods.' 



Digitized by 



Google 



I, 44. THE CREATION. V pl5 ■■> * J 

V^IFORN^ ,. / 

37. Yakshas (the servants of Kubera, the demons 
called) Rakshasas and Pwa^as, Gandharvas (or 
musicians of the gods), Apsarases (the dancers of 
the gods), Asuras, (the snake-deities called) Nagas 
and Sarpas, (the bird-deities called) Supar«as and 
the several classes of the manes, 

38. Lightnings, thunderbolts and clouds, imperfect 
(rohita) and perfect rainbows, falling meteors, super- 
natural noises, comets, and heavenly lights of many 
kinds, 

39. (Horse-faced) Kinnaras, monkeys, fishes, birds 
of many kinds, cattle, deer, men, and carnivorous 
beasts with two rows of teeth, 

40. Small and large worms and beetles, moths, 
lice, flies, bugs, all stinging and biting insects and 
the several kinds of immovable things. 

41. Thus was this whole (creation), both the im- 
movable and the movable, produced by those high- 
minded ones by means of austerities and at my 
command, (each being) according to (the results of) 
its actions. 

42. But whatever act is stated (to belong) to (each 
of) those creatures here below, that I will truly 
declare to you, as well as their order in respect to 
birth. 

43. Cattle, deer, carnivorous beasts with two 
rows of teeth, Rakshasas, Pijaias, and men are 
born from the womb. 

44. From eggs are born birds, snakes, crocodiles, 



37. The several classes of manes are enumerated below, III, 
194-199. 

38. Rohita is said to be an imperfect rainbow which appears 
to be straight, known according to Gov. by the name rastrotpata. 



Digitized by 



Google 



1 6 LAWS OF MANU. 1,45. 

fishes, tortoises, as well as similar terrestrial and 
aquatic (animals). 

45. From hot moisture spring stinging and biting 
insects, lice, flies, bugs, and all other (creatures) of 
that kind which are produced by heat. 

46. All plants, propagated by seed or by slips, 
grow from shoots ; annual plants (are those) which, 
bearing many flowers and fruits, perish after the 
ripening of their fruit ; 

47. (Those trees) which bear fruit without flowers 
are called vanaspati (lords of the forest) ; but those 
which bear both flowers and fruit are called vrtksha.. 

48. But the various plants with many stalks, 
growing from one or several roots, the different 
kinds of grasses, the climbing plants and the creepers 
spring all from seed or from slips. 

49. These (plants) which are surrounded by multi- 
form Darkness, the result of their acts (in former 
existences), possess internal consciousness and expe- 
rience pleasure and pain. 

50. The (various) conditions in this always terrible 
and constantly changing circle of births and deaths 
to which created beings are subject, are stated to 

46. I read, with Medh., Gov., Nand., and Kull., taravaA instead 
of the sth&varlA of the editions, and translate it, as required by the 
context, by ' plants.' 

47. My translation of ubhayataA, ' both,' is based on Gov.'s com- 
ment 'vrikshlA punaA pushpaphalenobhayenSpi yukla" bhavanti,' 
with which Nar. and Nand. agree. The latter, however, proposes 
to read ' ubhayathl' 

49. ' Multiform Darkness,' see below, XII, 42. 

50. Bhuta, ' created beings,' means according to Gov. and Kull. 
kshetrag-na, 'embodied souls.' According to Gov. and Nir. nityam, 
' always,' must be construed with ghore, ' terrible.' N&r., however, 
considers nitye, 'in this eternal,' to be a better reading, which Nand. 
also gives. 



Digitized by 



Google 



1, 55- THE CREATION. 1 7 

begin with (that of) Brahman, and to end with (that 
of) these (just mentioned immovable creatures). 

51. When he whose power is incomprehensible, 
had thus produced the universe and me, he dis- 
appeared in himself, repeatedly suppressing one 
period by means of the other. 

52. When that divine one wakes, then this world 
stirs ; when he slumbers tranquilly, then the universe 
sinks to sleep. 

53. But when he reposes in calm sleep, the cor- 
poreal beings whose nature is action, desist from 
their actions and mind becomes inert. 

54. When they are absorbed all at once in that 
great soul, then he who is the soul of all beings 
sweetly slumbers, free from all care and occupation. 

55. When this (soul) has entered darkness, it 
remains for a long time united with the organs (of 

51.' Disappeared in himself/ i. e. ' he divested himself of the body 
which he had assumed at his own will' (Medh., Gov., Kull.). 
'One period by means of the other,' i.e. "the period of creation by 
means of the period of destruction' (Medh., Gov., Kull.). 

52. Instead of the figurative nimilati, ' closes the eyes, sinks to 
sleep,' Gov. and K., read praliyate, ' is absorbed.' 

53. 5arfri»ah, 'corporeal beings,' means according to Medh., 
Gov., and Kull. ' embodied souls.' KarmitmanaA, ' whose nature 
is action,' i.e. who are endowed with actions (Nand., NSr.), means 
according to Medh., Gov., and Kull. ' who in consequence of their 
actions became incorporate.' 

54. According to Gov. and Kull., this verse describes the mahS- 
pralaya, the great or total destruction at the end of a kalpa, while 
the preceding referred to the antaralapralaya, the intermediate or 
incomplete destruction. Medh. explains 'he who is the soul of all 
beings ' by the Sa/nkhya term Pradhana, ' the chief cause or Nature,' 
while Gov. and Kull. refer this expression as well as mahatman ' to 
the supreme soul or supreme lord ' of the Vedanta. 

55-56. The commentators offer three different explanations of 
these two verses. Medh., Gov., and Kull., whom the translation 

05] C 



Digitized by 



Google 



l8 LAWS OF MANU. 1,56. 

sensation), but performs not its functions ; it then 
leaves the corporeal frame. 

56. When, being clothed with minute particles 
(only), it enters into vegetable or animal seed, it 
then assumes, united (with the fine body), a (new) 
corporeal frame. 

57. Thus he, the imperishable one, by (alter- 
nately) waking and slumbering, incessantly revivifies 
and destroys this whole movable and immovable 
(creation). 

given above follows, think that ayam, ' this (soul),' refers to the 
individual soul, and that the two verses incidentally mention what 
happens to it on the death of the individual in which it re- 
sides. First, they say, it enters darkness, i.e. knowledge (^Sina) 
ceases, and, though for some time the soul's connection with 
the organs continues, it does not perform its functions of 
breathing, and so forth. Next it leaves the old body. It then is 
enveloped by the elementary body, consisting of the puryash/aka, 
the eight constituents, i.e. the rudimentary elements (bhflta) and 
organs (indriya), mind (manas), intelligence (buddhi), memory of 
past actions (vasana), merit or demerit (karman), the vital airs 
(vayu), and avidya. In this condition it enters the seed of some 
plant or the embryo of some animal and then assumes a new gross 
body. N&r., on the other hand, considers that the first verse gives 
a description of the fate of the individual soul during a swoon 
(murMa), and the second alone refers to its migration after death. 
Under this supposition verse 56 must be translated as follows: 
' Being of atomic size (the soul) enters vegetable or animal seed 
and, united (with the rudimental body), leaves its (former) corporeal 
frame.' Nand. finally understands by ayam, ' this (soul),' the creator 
(bhagavan), and thinks that the first verse describes his behaviour 
during the time of destruction, while the second refers to a new 
creation. He says, 'When he has entered darkness,' i.e. the root- 
evolvent or nature, 'and has remained there for a long time,' i.e. as 
long as the period of destruction lasts, ' then, endowed with organs, 
he assumes a visible shape,' i.e. he appears in the shape of the 
creation. His note on verse 56, where he reads sarasmh/au for 
sawsn'sh/aA, is too short to make it intelligible how he gets over 
the difficulties opposed to his interpretation. 



Digitized by 



Google 



I, 64. THE CREATION. 1 9 

58. But he having composed these Institutes 
(of the sacred law), himself taught them, according 
to the rule, to me alone in the beginning ; next I 
(taught them) to Marlii and the other sages. 

59. Blwz'gu, here, will fully recite to you these 
Institutes; for that sage learned the whole in its 
entirety from me. 

60. Then that great sage Ehrigu, being thus 
addressed by Manu, spoke, pleased in his heart, to 
all the sages, 'Listen!' 

61. Six other high-minded, very powerful Manus, 
who belong to the race of this Manu, the descendant 
of the Self-existent (Svayambhu), and who have 
severally produced created beings, 

62. (Are) Svaro&sha, Auttami, Tamasa, Raivata, 
A'akshusha, possessing great lustre, and the son of 
Vivasvat. 

63. These seven very glorious Manus, the first 
among whom is Svayambhuva, produced and pro- 
tected this whole movable and immovable (creation), 
each during the period (allotted to him). 

64. Eighteen nimeshas (twinklings of the eye, are 
one kash///a), thirty kash//&as one kala, thirty kalas 
one muhurta, and as many (muhurtas) one day and 
night. 

58. 'According to the rule,' i.e. 'with the subsidiary ceremonies 
enjoined in the -SSstra ' (Kull.), or ' with due attention, carefully ' 
(Medh., Gov.). 

6 1 . ' Who belong to the race of this Manu Svayambhuva,' i.e.' who 
were born in the same race or family, for they were all immediately 
created by Brahman and thus belong to one race ' (Medh.). 

64. As tavataA, ' as many,' stands in the accusative, Medh., Gov., 
and Kull. understand vidyat ' one should know to be.' But Nar. 
is probably right in assuming a vibhaktivyatyaya, i.e. that the author 
used the accusative because the nominative did not suit the metre. 

C 2 



Digitized by 



Google 



20 LAWS OF MANU. 1,65. 

65. The sun divides days and nights, both human 
and divine, the night (being intended) for the repose 
of created beings and the day for exertion. 

66. A month is a day and a night of the manes, 
but the division is according to fortnights. The 
dark (fortnight) is their day for active exertion, the 
bright (fortnight) their night for sleep. 

67. A year is a day and a night of the gods ; their 
division is (as follows) : the half year during which 
the sun progresses to the north will be the day, that 
during which it goes southwards the night. 

68. But hear now the brief (description of) the 
duration of a night and a day of Brahman and of the 
several ages (of the world, yuga) according to their 
order. 

69. They declare that the Krita. age (consists of) 
four thousand years (of the gods) ; the twilight pre- 
ceding it consists of as many hundreds, and the 
twilight following it of the same number. 

70. In the other three ages with their twilights 
preceding and following, the thousands and hundreds 
are diminished by one (in each). 

71. These twelve thousand (years) which thus 
have been just mentioned as the total of four 
(human) ages, are called one age of the gods. 

72. 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. 

73. Those (only, who) know that the holy day of 

Nand., who merely substitutes ' tavantaA ' for ' tavataV seems to 
have held the same opinion. 

66. Thus the moon regulates time for the manes. 

69-71. Wilson, Vishwu-pura»a I, pp. 49-50 (ed. Hall). 

73. According to the commentators the word pu«ya, • holy,' is 



Digitized by 



Google 



I, 77. THE CREATION. 21 

Brahman, indeed, ends after (the completion of) one 
thousand ages (of the gods) and that his night lasts 
as long, (are really) men acquainted with (the length 
of) days and nights. 

74. At the end of that day and night he who was 
asleep, awakes and, after awaking, creates mind, 
which is both real and unreal. 

75. Mind, impelled by (Brahman's) desire to 
create, performs the work of creation by modifying 
itself, thence ether is produced; they declare that 
sound is the quality of the latter. 

76. But from ether, modifying itself, springs the 
pure, powerful wind, the vehicle of all perfumes ; that 
is held to possess the quality of touch. 

77. Next from wind, modifying itself, proceeds 
the brilliant light, which illuminates and dispels 

used in order to indicate that the knowledge of the duration of 
Brahman's day is ' meritorious.' 

74. Two explanations of the second half of the verse are offered 
by the commentators. It may mean either that Brahman on 
awaking from his sleep first creates the great principle (mahat), 
which here, as elsewhere, is called manas, ' mind,' or that he 
appoints (srz^ati) his own internal organ or mind (manas), which 
at an intermediate destruction (av&ntara or antaralapralaya) remains 
in existence, to create the world. Medh. and Kull. give both 
explanations, and prefer the former. Gov. gives the second alone, 
while Nir. and Nand. adhere to the first. The latter takes manas 
as denoting the three principles, the great one, egoism, and mind, 
and explains sadasadatmakam, ' which is both real and unreal,' 
as in verse 14, by prakr/'tivikr/lydtmakam, ' being both an evolvent 
and an evolute.' 

75. 'Thence,' i.e. 'from mind changed to egoism,' Nar. (simi- 
larly Kull.), or ' from Brahman.' 

76. As the Sawkhya doctrine (Sdwkhyakdriki, ver. 25) makes all 
the rudimentary elements proceed from egoism, Medh. takes the 
first words of the verse to mean, ' But from egoism which modifies 
itself, wind springs next after ether.' He, of course, adopts the 
same trick of interpretation in the following three verses. 



Digitized by 



Google 



22 LAWS OF MANU. 1,78. 

darkness; that is declared to possess the quality 
of colour; 

78. And from light, modifying itself, (is produced) 
water, possessing the quality of taste, from water 
earth which has the quality of smell; such is the 
creation in the beginning. 

79. The before-mentioned age of the gods, (or) 
twelve thousand (of their years), being multiplied by 
seventy-one, (constitutes what) is here named the 
period of a Manu (Manvantara). 

80. The Manvantaras, the creations and destruc- 
tions (of the world, are) numberless ; sporting, as it 
were, Brahman repeats this again and again. 

81. In the Krita. age Dharma is four-footed and 
entire, and (so is) Truth ; nor does any gain accrue to 
men by unrighteousness. 

82. In the other (three ages), by reason of (unjust) 
gains (agama), Dharma is deprived successively of 

78. 'In the beginning,' i.e. 'after a total destruction ' (maha- 
pralaya), (Kull.); 'after an intermediate destruction '(Gov., Nar.); 
' before the creation of the mundane egg ' (Nand.). 

81. The reason why Dharma, 'justice or law,' is said to be 
£atushpat is explained, as Kull. points out, by Manu VIII, 16. Re- 
garding the ulterior signification of the myth which represents 
Dharma as a four-footed animal, the following opinions are ad- 
vanced: 1. The four feet represent the four principal priests 
at the sacrifice (Medh.) ; 2. or the four chief castes (Medh'., Nand.) ; 
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, 
I &4' 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 nagamaA kawHn, &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 



Digitized by 



Google 



I,8s. 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 Krita. 
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 Krtta. 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 Tretd and the other 
ages, Dharma, the sacred law, (derived) from the sacred lore 
(Sgama), the 5Sstra, 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, 1 ' 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 SSstra, 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., N&r., 
and RSgh. 

83. In order to reconcile this statement regarding the age of 
men in the Kr/ta age with various passages of the MahabhSrata 
and the Purawas, 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 Ka/Aaka 
34, 5, which names one hundred years as the term of human 
existence, the numeral is used in the sense of ' many.' 



Digitized by 



Google 



24 LAWS OF MANU. 1,86. 

Dvapara, and (again) another (set) in the Kali, in 
proportion as (those) ages decrease in length. 

86. In the Krita. 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 VaLyya 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 .Sudra, 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«a 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. samaduat, 'he com- 
manded,' for samasataA, ' briefly.' Nand. reads akalpayat 

92. See below, V, 132. 

93. DharmataA prabhuA, ' by right the lord,' agrees with N&r.'s 
and Nand.'s glosses. Medh., Gov., Kull., and Ragh. say, ' he is with 



Digitized by 



Google 



I, 9 8. 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 offerings 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 Brahmawas ; 

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 
(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 taptvS, ' having performed austerities,' is added, as 
Nand. says, in order to show 'particularly great consideration '(tapas 
taptvety adaratlrayaA). See above, verses 33, 34, 41. 

9*. Medh., N&r., and Nand. explain kr/tabuddhayaA.'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.' 



Digitized by 



Google 



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. 

100. Whatever exists in the world is the property 
of the Brahma#a; on account of the excellence of 
his origin the Brahmawa is, indeed, entitled to it all. 
/-"ioi. The Brahma«a eats but his own food, wears 
but his own apparel, bestows but his own in alms ; 
other mortals subsist through the benevolence of 
the Brahma»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 Brahmawa 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 Valryas 
from the right of studying the ManusawhitS, but merely from 
teaching it. 

104. Sa»mtavrataA, ' who faithfully fulfils the duties,' is based on 
Gov.'s full explanation etadarthavabodhena sa»witavrato vmsh/a- 
yamaniyamaA san, with which Medh. closely agrees. 



Digitized by 



Google 



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). 
y 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. 

in. The creation of the universe, the rule of 
the sacraments, the ordinances of studentship, and 
the respectful behaviour (towards Gurus), the most 
excellent rule of bathing (on return from the 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 NaT.). 

no. Vas. VI, 1-8. 'The rule of conduct or good conduct' 
(aiara), mentioned here and in the preceding verses, comprises the 
numerous usages prescribed partly in the Veda and partly in the 
Dharnmastras.such as anointing oneself with butter on the occasion 
of particular sacrifices or sipping water on certain occasions. 



Digitized by 



Google 



28 LAWS OF MANU. I, ua. 

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 
Vai-syas and .Sudras, 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, 

ix8. 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. 



Digitized by 



Google 



n,5. SOURCES OF THE LAW. 20. 



Chapter II. 

1. Learn that sacred law which is followed by men 
learned (in the Veda) and assented to in their hearts 
by the virtuous, who are ever exempt from hatred 
and inordinate affection. 

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, like 
those of the Snitaka' (chap. IV), Medh., Gov., Nar.; 'the vows of 
a student,' Nand.; 'the laws prescribing restraints,' i.e. 'the pro- 
hibitive rules, e.g. those forbidding to injure living beings,' Medh., 
Gov., N&r.; 'the rules affecting hermits and Sawnyasins,' Nand. 
Kull. 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,' Le. 'final 
liberation.' 



s 



Digitized by 



Google 



30 LAWS OF MANU. 11,6. 

state and even in this (life) obtains (the fulfilment 
of) all the desires that he may have conceived. 

6. The whole Veda is the (first) source of the 
sacred law, next the tradition and the virtuous con- 
duct of those who know the (Veda further), also the 
customs of holy men, and (finally) self-satisfaction. 

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, 1, 1, 1-3; Gaut. I, 1-4; XXVIII, 48; Vas. I, 4-6; 
Baudh. 1, 1, 1, 1-6 ; Y&gn. I, 7. 

S\h, ' virtuous conduct,' i.e. 'the suppression of inordinate affec- 
tion and hatred,' Medh., Gov. ; ' the thirteenfold xila, 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 jfla and 4/iira, it may be that both terms 
are used here, because in some Dharma-sutras, e. g. Gaut I, 2, the 
former and in some the latter (e.g. Vas. I, 5) is mentioned. The 
'self-satisfaction,' i.e. of the virtuous (Medh., Gov., Nand.), is the 
rule for cases not to be settled by any of the other authorities 
(Nar., Nand.), or for cases where an option is permitted (Medh., 
Gov., Kull.). 

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 .Sastras' (Medh., Gov., Kull); 'these Insti- 
tutes of Manu' (Nar.) ; ' these different authorities' (Nand.). ' With 
the eye of knowledge,' i.e. 'with the help of grammar, of the 
MtmawsS, &c.' (Medh., Kull.). 



Digitized by 



Google 



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 .Sruti (revelation) is meant the Veda, 
and by Smnti (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). 

14. But when two sacred texts (.Sruti) are con- 

11. ' Relying on the Institutes of dialectics,' i.e. ' relying on the 
atheistic institutes of reasoning, such as those of the Bauddhas and 
ASrvakas' (Medh); 'relying on methods of reasoning, directed 
against the Veda' (Kull., Ndr.). 

1 2. The first half of this verse agrees literally with YSgn. I, 7. 

13. According to 'another' commentator, quoted by Medh., and 
according to Gov., Kull., and NSr., 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, 
NSr.) 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,' N&r.). Medh., on the other 
hand, thinks that vidhiyate, ' is prescribed,' means ' is found with.' 



Digitized by 



Google 



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. 

1 5. (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 Sarasvatl and Qri- 
shadvatl, the (sages) call Brahmavarta. 

18. The custom handed down in regular succes- 
sion (since time immemorial) among the (four chief) 
castes (varwa) 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, Pawialas, and .Surasenakas, 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 Medh. as ' the time of dawn' (ushasaA 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 varwas. 
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 Mathuid, the capital of the ancient -Surasenakas. 



Digitized by 



Google 



II, 26. SOURCES OF THE LAW; SACRAMENTS. 33 

20. From a Brahma#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 Vinarana (the place where 
the river Sarasvatl disappears) is called Madhyadera 
(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 MleAMas (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. 

21. The place where the river Sarasvatl disappears lies in the 
Hissar districts. Prayaga, i.e. Allahabad. 

22. Vas. I, 9; Baudh. I, 2, 10. 

23. Vas. 1, 13-15 ; Baudh. I, 2, 12-15 J Y&gn. I, 2. 

25. Gov. explains dharma, ' the sacred law,' by ' spiritual merit' 
26-35. Gaut. VIII, 14-20; Vi. XXVII, 1-1 2; Yagn. 1, 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. 

[»5] D 



Digitized by 



Google 



34 LAWS OF MANU. 11,27- 

27. By burnt oblations during (the mother's) 
pregnancy, by the Gatakarman (the ceremony after 
birth), the A'audfo. (tonsure), and the Mau«g1bandhana 
(the tying of the sacred girdle of Mu«^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, Jiz'shis, and manes), by (the 
procreation of) sons, by the great sacrifices, and 
by (.Srauta) rites this (human) body is made fit 
for (union with) Brahman. 

29. Before the navel-string is cut, the Gatakarmah 
(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 
Puwsavana, Simantonnayana, and so forth ; see Ajv. Gr«hya-sutra 

I, I3-M- 

28. 'By vows/ i.e. 'the vows undertaken by the student when 
he learns particular portions of the Vedas, such as the S&vitrivrata' 
(Medh., Gov., Nir.) ; ' voluntary restraints, such as the abstention 
from honey, meat, &c.' (Kull., Ragh.) ; ' vows such as the Pra^ipatya 
penance' (Nand.). ' By burnt oblations,' i.e. ' the daily offerings of 
fuel' (II, 108). Traividyena, 'by the acquisition of the threefold 
sacred science,' i.e. 'by learning the meaning of the three Vedas' 
(Medh., Nand.) ; ' by undertaking the vow toiStudy the three Vedas 
during thirty-six years' (III, 1 ; Gov., Kull., N4r., Righ.). I^yayd, 
' by offering to the gods, /?/'shis, and manes,' i.e. by performing the 
so-called Tarpawa (Medh., Gov., Kull., R&gh.), or ' by offering the 
Pakaya^jJas ' (N5r., Nand.). Medh. takes brahmt,' 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. Asv. G/vhya-sutra I, 15, 1; Manava Gr/hya-sutra I, 17, 1; 
PSraskara 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 Gnnya-sutras, as also some of the commentators point out, 



Digitized by 



Google 



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 Vai^ya's with wealth, but 
a .Sudra's (express something) contemptible. 

32. (The second part of) a Brahma«a's (name) 
shall be (a word) implying happiness, of a Ksha- 
triya's (a word) implying protection, of a Vawya's 
(a term) expressive of thriving, and of a .Sudra's 
(an expression) denoting service. 

23. The names of women should be easy to pro- 
nounce, not imply anything dreadful, possess a plain 
meaning, be pleasing and auspicious, end in long 
vowels, and contain a word of benediction. 

that the last two substances only are to be given to the child, after 
they have been touched with a piece of gold, or a golden ring. 

30. Arv. Grihya-sutra 1, 15, 4-10 ; Piraskara I, 17, 1-6. Nar. 
and Nand. are in doubt whether the numerals 'the tenth or twelfth ' 
refer to lunar or solar days, because they stand in the feminine 
gender and either tithi or rdtri 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 vS, 'or,' 
which stand after muhurta and nakshatra, have the sense of 'just,' 
and do not introduce a third alternative. 

31-32. K. omits 31b and 32 a. N&r. and Ragh. think that the 
second part of a Brdhmawa'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, Sv&midatta, Bhavabhuti, Indrasvimin, Indra- 
j-rama, Indradatta. 

33. Medh. irreverently, but pertinently, remarks that there is no 

D 2 s- 



Digitized by 



Google 



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 AnnapicLrana 
.(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'uaJakarman (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 Vai^ya. 

37. (The initiation) of a Brahma#a 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 Valrya who longs for (success in his) 
business in the eighth, 

38. The (time for the) Savitrl (initiation) of a 

difference between ' auspiciousness' (mahgala) and 'benediction' 
(Irirvada), and that the latter word has been added merely in order 
to complete the verse. 

34. Asv. G/vhya-sutra I, 16 ; Paraskara 1, 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. Asv. Grihya-sutra I, 17, 1; Paraskara II, 1. Nar. and 
Nand. explain dharmataA, 'for the sake of spiritual merit,' by 
'according to the law of the family' (see Asv. Grchya-sutra, 
loc. cit.). 

36-37. Ap.1, 1,5, 8-21; Gaut. I, 5-14; Vas. II, 3 ; XI, 49"73J 
Baudh. I, 3, 7-12; Vi. XXVII, 15-28; YZgri. 1, 14. 

37. As the commentators point out, the person who has the par- 
ticular wish is not the boy, but his father. 

38-40. Ap. I, 1, 22-2, 10; Gaut. XXI, 11; Vas. XI, 74-79; 



Digitized by 



Google 



n, 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 Vaisya 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 Savitrl (initiation) and despised by the 
Aryans. 

40. With such men, if they have not been purified 
according to the rule, let no Brahmawa ever, even 
in times of distress, form a connexion either through 
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 Vai^ya, of hempen threads. 

Baudh.I, i6,i6;Vi.,loc.cit.,andLIV, 26; Yign. I, 37-38. 'Some' 
take the preposition &, ' until,' in the sense of ' until the beginning 
of/KuIl. 

40. ' Connexion through the Veda,' Le. teaching them or study- 
ing under them, sacrificing for them, or electing them to be priests, 
accepting religious gifts from them or giving them. Righ. omits 
verse 40. 

41. Ap. I, 2, 39-3, 9; Gaut. 1, 16, 21; Vas. XI, 61-67 5 Baudh. 
I. 3i 14 ; Vi. XXVII, 19-20. Righ. explains ruru, ' a spotted deer,' 
by ' a tiger.' 

42. Ap. 1, 2, 33-37; Gaut. 1,15; Vas. XI, 58-60; Baudh. 1, 3, 13; 
Vi. XXVII, 18 ; Y&ga. 1, 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. Righ. and 
Nir. say that every bowstring naturally consists of three strings. 



Digitized by 



Google 



38 LAWS OF MANU. II, 43. 

43. If Mu%a grass (and so forth) be not pro- 
curable, (the girdles) may be made of Ku^a, A,yman- 
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 Vai^ya of woollen threads. 

45. A Brahmawa shall (carry), according to the 
sacred law, a staff of Bilva or Pal&sa ; a Kshatriya, 
of Va/a or Khadira; (and) a Vai^ya, of Pllu or 
Udumbara. 

46. The staff of a Brahmawa 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 
Vaiiya, 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 
trivrrta, ' 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; Y&gii. I, 29. 

47. AnudvegakaraA, 'not likely to terrify anybody' (Medh., Gov., 
Kull), means according to Nar. ' not causing displeasure (to the 
wearer) by faults such as roughness.' 

48-57. Ap. I, 3, 25-4, 4; Gaut. II, 35-41; Vas. XI, 68-70; 
Baudh. I, 3, 16-18; Vi. XXVII, 25; Ya^w, I, 30; 51-57. Ap. II, 



Digitized by 



Google 



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«a should beg, beginning 
(his request with the word) lady (bhavati) ; a Ksha- 
triya, placing (the word) lady in the middle, but a 
VaLsya, 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, 

*» 2 -3; 3i "J 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^n. I, 27, 
31, 112. 

52. Medh. and Nir. propose for n'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, 1 (Nar.). 



Digitized by 



Google 



40 LAWS OF MANU. II, 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 Br&hmarca always sip water out of the 
part of the hand (ttrtha) 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 tJrtha sacred to Brahman, that at the root of the 

55. tjrg&m, 'manly vigour' (Gov., Kull.), or 'energy' (Nar, 
Nand), or ' bulk' (Medh.). 

56. Medh. reads nady&d etat tath&ntara, and gives, besides the 
explanation adopted in the translation, two alternative interpretations: 
(1) 'let him not eat after interrupting his meal;' (2) 'let him not 
eat taking away his left hand from the dish.' Nand. reads nadyai 
iaitat tathantara, ' and let him not eat such a (remnant) given to 
him during (a meal by one of the company).' 

58-62. Ap. I, 15, 1-16; Vas. Ill, 26-34; Baudh. I, 8, 12-23; 
Vi. LXII, 1-9 ; Ya^w. I, 18-21. 

58. Though the text speaks of the Brahmawa only, the rule refers, 
as the commentators remark, to other Aryans too. 

59. Aftgulimule, 'at the root of the little finger' (Kull., Nar., 
Ragh.), means according to Medh. and Nand. ' at the root of the 
fingers.' 



Digitized by 



Google 



11,64. INITIATION. 41 

(little) finger (the ttrtha) sacred to Ka (Pra^apati), 
(that) at the tips (of the fingers, the tlrtha) sacred to 
the gods, and that below (between the index and the 
thumb, the tlrtha) 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) tlrtha, in a lonely place, and turning to 
the east or to the north. 

62. A Brihma»a is purified by water that reaches 
his heart, a Kshatriya by water reaching his throat, 
a Vaijya by water taken into his mouth, (and) a 
•Sudra by water touched with the extremity (of his 
lips). 

63. A twice-born man is called upavltin 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&fctnavltin ; and nivltin 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., Nir., Nand.). 

63. Baudh. I, 8, 5-10. 

64. Baudh. I, 6, 7; Vi. XXVII, 29. 



Digitized by 



Google 



42 LAWS OF MANU. II, 65. 

65. (The ceremony called) Keranta (clipping the 
hair) is ordained for a Brahma«a in the sixteenth 
year (from conception) ; for a Kshatriya, in the 
twenty-second ; and for a Vafoya, 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. 

67. 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. YSgii. I, 36. This is the ceremony also called God&na ; As v. 
Gr/hya-sutra I, 18; Paraskara II, 1, 3-7. 

66-67. ksv. Gr/hya-sutra I, 16, 16 ; Vi. XXVII, 13-14 ; Yign. 
I, 13. ' The Vedic sacrament,' i.e. 'the sacrament performed with 
sacred texts ' (Nand., Righ.), or ' having for it^ object the study 
of Vedic texts' (Medh., Nar.). Hence women »..dst not be initiated. 
As the parallel passage of Asv. 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 ; Ya^n. I, 15, 27. 



Digitized by 



Google 



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»^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»fali (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). 

J$. 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. LaghuvSsiA, ' (has put on) a clean dress ' (Medh., Kull.), or 
' a dress which is not gorgeous' (Gov., N£r., Nand.), i.e. less valuable 
than the teacher's (RSgh.). 

71-72. Ap. I, 5, 19-23 ; Baudh. I, 3, 28; Vi. XXVIII, 14-16. 

73. Nar. and Nand. read adhyeshyamSwas tu gurum, &c ' But 
the pupil, desiring to study, shall say to his teacher, Venerable 
Sir, recite! &c.,' and^his agrees with Gaut. I, 46. N£r. mentions also 
the reading translates above, which the other commentators give. 

74. Ap. 1, 1 3, 6-7 ; Gaut. 1, 57 ; Vi. XXX, 33. Viriryate, translated 
according to Kull. by ' will fade away,' means according to Medh. 
' will become useless for practical purposes;' according to Gov. and 
N&r. ' will not be properly understood during the lesson.' Medh. 
adds that the two terms contain similes, taken from boiling milk, 



Digitized by 



Google 



44 LAWS OF MANU. 11,75. 

75. Seated on (blades of Kusa grass) with their 
points to the east, purified by, Pavitras (blades of 
Kara 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 Vyahmis) BhM, BhuvaA, SvaA. 

77. Moreover from the three Vedas Pra^apati, 
who dwells in the highest heaven (ParameshMin), 
milked out (as it were) that Hik-verse, sacred to 
SavitW (Savitrl), which begins with the word tad, 
one foot from each. 

78. A Brihma«a, 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 Vai-rya 
who neglect (the recitation of) that ^?/k-verse and the 

and that one speaks also of the vwarawa, 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 Kura 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, 11. The Savitrf, i.e. the verse tat savitur varewyam, 
, Rig-veda III, 62, 10. 

78. VL LV, 12; Baudh. II, 11, 6. 

79. Vi. LV, 13; Baudh. IV, 1, 29; Vas. XXVI, 4. 

80. Vi. LV, 14. 



Digitized by 



Google 



II, 8s- STUDENTSHIP. 45 

timely (performance of the) rites (prescribed for) them, 
will be blamed among virtuous men. 

8 1. Know that the three imperishable Mahavya- 
hmis, preceded by the syllable Om, and (followed) by 
the three-footed Savitrl 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 Savitrl ; 
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. Brahma»o 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 Rlgh., 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, Nir.), '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#Spati'(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 Vy&hritis, and the Gayatri. 



Digitized by 



Google 



46 LAWS OF MANU. 11,86". 

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^«as 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 who 
befriends (all creatures) is declared (to be) a (true) 
Brahmawa. 

88. A wise man should strive to restrain his organs 
which 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^nas,' i.e. 'the 
so-called great sacrifices to gods, manes, goblins, and men (III, 70) 
excluding the Brahmaya^wa' (Medh., Kull., Nar., Nand.). Gov. and 
Ragh. understand the term as indicating ' all Smarta and .Srauta 
rites ;' see also Jolly on Vishmi, loc. cit. 

87. Vi. LVI, 2 1 ; Vas. XXVI, 1 1 . MaitraA, ' one who befriends 
(all creatures),' i.e. 'does not offer animal sacrifices.' Ragh. proposes 
also the interpretation ' he who worships Mitra, the Sun.' Brah- 
mawaA, *a (true) Biihmawa,' i.e. 'one connected with Brahman,' 
« one who will be absorbed in Brahman ' (Kull.), ' the best of 
Brahma«as' (brahmish/Aa*, R&gh.). Medh. and Gov. take the last 
clause differently, ' it is declared (in the Veda that) a Brahmawa 
(shall be) a friend (of all creatures).' 



Digitized by 



Google 



IT, 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 dmh/adr/'sh/aw dosham, ' misery and guilt ;' by Ragh. 
as sawsarakhyam, ' the misery of repeated births.' ' Success (in 
gaining all his aims),' i.e. ' the rewards of all good works and rites' 
(Medh.), or ' final liberation ' (Nar., Ragh.), or ' all the aims of 
men, final liberation and the rest ' (Gov., Kull.). 

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.). 



Digitized by 



Google 



48 LAWS OF MANU. II, 9 8. 

lity, nor sacrifices, nor any (self-imposed) restraint, 
nor austerities, ever procure the attainment (of re- 
wards) to a man whose heart is contaminated (by 
sensuality). 

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. 

101. Let him stand during the morning twilight, 
muttering the Sivitrl 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 Savitrt), 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., NSr., Nand., Rdgh., K., and the Bombay edition 
padat, instead of p&trat. The explanation of the simile has 
been given correctly by Haughton in his note on Sir W. Jones' 
translation. 

100. Nar. and Nand. take yogataA, 'by the practice of Yoga,' 
with the chief clause, and Medh. mentions this construction too. 

101. Ap. I, 30, 8; Gaut. II, 10-11 ; Vas. VII, 16; Baudh. II, 7, 
Vi. XXVIII, 2-3; Yigii. I, 24-25. 

ro2. Vas. XXVI, 2-3; Baudh. II, 7, 18, 20. Medh. and Gov. 
point out that only trifling faults can be expiated in this manner, 
otherwise the chapter on penances would be useless. 



Digitized by 



Google 



II, 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 6udra, 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, 1 1, 6. ' Even,' i. e. ' if he is unable to recite other 
Vedic texts.' 

105-106. Ap. 1, 12, 1-9 ; Vas. XIII, 7. The last clause of verse 
106 finds its explanation by the passage from the 5atapatha-brih- 
mana, quoted by Ap. 1, 12, 3. Anadhy&yaA (' 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; YSgn. I, 41-46. N&r. and Nand. 
explain the four terms ' sweet and sour milk, clarified butter and 

D»5] E 



Digitized by 



Google 



50 LAWS OF MANU. II, 108. 

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. 

in. Of the two persons, him who illegally explains 
(anything), and him who illegally asks (a question), 
one (or both) will die or incur (the other's) enmity. 

honey,' as symbolical of the four objects of human existence, merit, 
wealth, pleasure, and liberation. Medh. quotes this interpretation as 
the opinion of ' others.' 

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 ; Ya^n. I, 
25. Regarding the Samavartana, see below, III, 3-4. 

109. Y&gri. I, 28. DharmataA, ' according to the sacred law ' 
(Kull., Nand), means according to Medh., Gov., and Nir. 'for the 
sake of spiritual merit.' 

no. Ap. I, 32, 22-24; Vas. II, 12; Baudh. I, 4, 2; Vi. XXIX, 7. 
G&ddJi, ' an idiot,' means according to Medh. and Kull. ' dumb.' 

in. Vi. XXIX, 7. The person who will die is in either case 
the offender. If both offend, both will die. Vidveshaw vadhi- 
gakkAaXi, 'will incur (the other's) enmity,' means according to 
Medh. and Gov. 'will incur odium among men;' according to 
Ragh. ' will lose the reward.' 



Digitized by 



Google 



II, up. STUDENTSHIP. 5 1 

Ii2. 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. 

113. 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»a 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 of 
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 Savitrl 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, 1 ; 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, 8-10; Vi. XXIX, 9-10; Nirukta II, 4. 

116. Vi. XXX, 41-42. 

117. Ap. 1, 14, 7-9; Gaut.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, 11, 14, 17 ; Gaut. II, 21, 25. 

E 2 



Digitized by 



Google 



52 LAWS OF MANU. 11,120. 

which a superior occupies ; and he who occupies a 
couch or seat shall rise to meet a (superior), and 
(afterwards) salute him. 

1 20. 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. 

I2i. 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 bho^ is the same as that of (all 
proper) names. 

125. A Brahma#a should thus be saluted in re- 
turn, ' May'st thou be long-lived, O gentle one ! ' 

121. Ap. I, 5, 15 ; Baudh. I, 3, 26. Instead of vidya or pragni, 
' 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 ; Y&gii. I, 26. 'After the word of salutation,' i. e. 
after the word abhiv&daye, ' I salute' (Gov., Kull., Nar., Nand.). 

123. Vas. XIII, 46. I.e. to those who either are unacquainted 
with grammar or with the Dharm&rastra (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 * ptirvaksharaplutaA,' which 



Digitized by 



Google 



II, u8. STUDENTSHIP. 53 

and the vowel 'a' must be added at the end of 
the name (of the person addressed), the syllable 
preceding it being drawn out to the length of three 
moras. 

126. A Brahma#a who does not know the form 
of returning a salutation, must not be saluted by a 
learned man ; as a »Sudra, even so is he. 

127. Let him ask a Brahmawa, on meeting him, 
after (his health, with the word) kurala, a Kshatriya 
(with the word) anamaya, a Vauya (with the word) 
kshema, and a Sudra (with the word) anarogya. 

128. He who has been initiated (to perform a 
.Srauta 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 VasishMa. The meaning is that Devadatta 
is to be pronounced ' Devadatta3a,' Harabhute, ' Harabhuta3ya,' &c. 
Medh. and Kull. take the passage as follows : ' and the vowel 
(i.e.) " a" (and so forth) at the end of the name, (or in case the 
word ends in a consonant) that of the preceding syllable, must be 
drawn out the length of the three moras.' According to this in- 
terpretation, which requires the reading ' purvaksharaA pluta^,' 
Manu's rule agrees with Ap. and Pamni VIII, 2, 83. The obvious 
objection is that Medh. and Kull. are forced to take akara, ' the 
vowel a,' in the sense of ' a vowel such as a,' and to understand 
with purvaksharaA the word svaraA, which does not occur in the 
verse. Gov. and Ragh. go far off the mark. Most commentators 
think that the word vipra/4, ' a Brahmawa," is meant to include other 
Aryans also; but see Ap. I, 14, 23. 

1 26. 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 
bhoA and bhavat, the titles dikshita or ya^amana are to be used. 



Digitized by 



Google 



54 LAWS OF MANU. II, 129. 

the sacred law must use in speaking to such (a man 
the particle) bho^ 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 ! ' 

1 30. To his maternal and paternal uncles, fathers- 
in-law, officiating priests, (and other) venerable per- 
sons, he must say, ' I am N. N.,' and rise (to meet 
them), even though they be younger (than himself). 

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«a), 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, 11 ; Gaut. VI, 9; Vas. XIII, 41; Baudh. I, 4, 
45; Vi. XXXII, 4. Gurun, '(other) venerable persons, i.e. those 
venerable on account of their learning and austerities' (Kull., Ragh.), 
or* his betters, because they are richer and so forth, e.g. the son of 
a sister' (Medh.), or ' the husband of a maternal aunt and so forth, 
but not those more learned than himself (Gov.), or ' the teacher 
and the rest ' (Nand.), or the ' sub-teachers ' (upadhyaya, Nar.). 

131-132. Gaut. VI, 9 ; Ap. I, 14 ; Vi. XXXII, 2-3. 

134. Ap. I, 14, 13; Gaut.VI, 14-17. Those who are 'friends' 



Digitized by 



Google 



II, 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 Brahmawa of ten years and 
Kshatriya of a hundred years stand to each other 
in the relation of father and son ; but between those 
two the Brahma«a is the father. 

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). 

1 38. Way must be made for a man in a carriage, 
for one who is abQve 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; Y&^i. 
I, 116. 

137. Gaut. VI, 10; YSgn. I, 116. 

138-139. Ap. 11,11,5-7; Gaut. VI, 24-25; Vas. XIII, 58-60; 
Baudh. II, 6, 30; Vi. LXIII, 51 ; Y&gil. I, 117. For the explana- 
tion of the term Sn&taka, see below, IV, 31. 



Digitized by 



Google 



56 LAWS OF MANU. II, 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 (&£arya, of the 

latter). 

141. But he who for his livelihood teaches a 
portion only of the Veda, or also the Angas 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 
Garbhadhina (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^was, 
(and) the (5rauta) 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 (a^arya) is ten times more 

140-141. Ap. 1,1,13; Gaut. 1, 9-10; Vas. Ill, 21-23; Vi. XXIX, 
1-2 ; Yi^»i. I, 34-35. Kalpa, i. e. the Sutras referring to sacrifices. 
Rahasyas, lit. ' the secret portions,' i.e. the Upanishads and their 
explanation (Medh., Gov., Kull, Nand., Ragh.), or ' the extremely 
secret explanation of the Veda and Angas, not the Upanishads, 
because they are included in the term Veda ' (Nar). 

142. Y&gfi. I, 34. The person meant is the natural father. 

143-Vi.XXIX, 3 ;Ya^.I,3 5 . 

144. Ap. I, 1, 14; Vas. II, 10; Vi. XXX, 47. 'Truthfully,' i.e. 
in such a manner that there is no mistake in the pronunciation 
or in the text of the Veda. 

145. Vas. XIII, 48 ; Ya£w. I, 35. The commentators try to 
reconcile the meaning of this verse and the next following one by 



Digitized by 



Google 



S I T Y > 



II,150. STUDENTSHIP. 57 

venerable than a sub-teacher (upadhyaya), the father 
a hundred times more than the teacher, but the 
mother a thousand times more than the father. 

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 Savitrl, 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 iHrya refers in this case to one 
who merely performs the rite or initiation and teaches the G&yatrl 
only (Medh., Kull.), or that the word ' father ' denotes a father who 
initiates his own child and teaches it the Veda (Gov., N&r.). 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, 1, 15-17; Gaut. I, 8 ; Vas. II, 3-5 ; Vi. XXX, 
44-45. Nar. and Nand. read utp&dakabrahmapitroA, '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.' 



Digitized by 



Google 



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 Angiras, 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 Angas (Anuiana) is (considered) great by us.' 

155. The seniority of Brahma»as is from (sacred) 
knowledge, that of Kshatriyas from valour, that of 
VaLsyas from wealth in grain (and other goods), but 
that of .Sudras alone from age. 

151. Baudh. I, 3, 42. Sisa, ' young,' seems to be a name or nick- 
name in Baudh.'s passage. Parignhya, '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.' 
Pitrm, lit. 'fathers,' means according to Nar. 'the manes, i.e. the 
Agnishvattas and the rest' 

154. Anu^anaA, '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, 18. 



Digitized by 



Google 



II, i6i. 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 Brahmawa ; 
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 Rikus. 

1 59. 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. 

1 60. 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. NSr. and Nand. read sthaviro bhavati, K. sthaviro giieyo 
for vriddho, ' venerable.' 

157. Vas. Ill, 11 ; Baudh. I, 1, 10. 

158. J?#as, i.e. the Veda (Gov., NSr.). 

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 Veddnta are the Upanishads, and the reward meant 
is 'final liberation' (Gov., Kull., Nar., Nand., RSgh.). Medh., 
however, prefers to take Ved&nta in the sense of ' the maxims or 
teaching of the Veda,' and thinks that the reward includes all 
rewards for Vedic rites. 



Digitized by 



Google 



60 LAWS OF MANU. II, 162. 

162. A Brahma«a 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 (Medh.). 

164. 'The means (described above),' i.e. 'the various sacra- 
ments.' Vedadhigamikaw tapaA, ' the (various) austerities (pre- 
scribed) for (those who study) the Veda,' means according to Nar. 
and Nand. ' the austerities, consisting in the study of the Veda ; ' 
see also Ap. I, 12, 1-2. 

165. 'The whole Veda,' i.e. 'the Veda with the Aftgas' (Medh., 
' others,' Nar.), or ' one entire .Sakha consisting of the Mantras and 
the Brahmana ' (Medh., Gov., Kull.). ' Rahasyas,' i. e. ' the Upa- 
nishads' (Medh., Gov., Kull., Nand.), or 'the secret explanation of 
the Veda' (Nar.). 'Various kinds of austerities,' i.e. 'fasting, 
Krikkhras, &c.' (Medh., Nar., Nand.), or 'the restrictive rules 
applicable to students ' (Medh., ' others,' Gov., Kull.), or ' particular 
observances, such as feeding a horse while one reads the A-rvamedha 
texts' (Ragh.). 'The vows,' i.e. the Mahanamntvrata, &c. ; see 
i'ankhayana Gr/hya-sutra II, 11-13. 

166. Ap. I, 12, 1-2 ; Ya^n. I, 40. 



Digitized by 



Google 



II, 173. STUDENTSHIP. 6 1 

of the Veda is declared (to be) in this world the 
highest austerity for a Brahmawa. 

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 .Sudra and his descendants (after him). 

1 69. 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^a grass, and the third on the initiation 
to (the performance of) a (.Srauta) sacrifice. 

1 70. Among those (three) the birth which is sym- 
bolised by the investiture with the girdle of Munga. 
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»^a grass. 

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 .Sudra before his birth from the Veda. 

167. .Satapatha-brShmawa XI, 5, 7, 4. 

168. Vas. Ill, a ; Vi. XXVIII, 36. 

169-170. Vi. XXVIII, 37-38; Vas. II, 3; Yfc*. I, 39; 
Aitareya-brahmawa I, 1 ; Max MtiUer, Hist. Ana Sansk. Lit., 
p. 390 seq. a 

171-172. Ap. II, 15, 19 ; Gaut. 1, 10; II, 4-5; Vas. II, 4, 6-7 ; 
Baudh. I, 3, 6; Vi. XXVIII, 40. 



Digitized by 



Google 



\; 



62 LAWS OF MANU. II, 173. 

1 73. 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. 

1 75. 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.' (Medh., Gov., Ragh.), or 'penances, such as the 
Pra^apatya' (Nand. and NSr.). In the second verse Kull. also 
adopts the explanation of Medh. and Gov. 

176-182. Ap. I, 2, 17, 23-30; 3, n-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, 11, 48-51 ; Y&gii. I, 25, 33. 

177. Rasan, 'substances (used for) flavouring,' i.e. 'molasses and 
the like ' (Gov., Kull., N3r.), ' clarified butter, oil, and the like ' 
(Nand.). Nar. adds that others interpret rasan to mean the 
poetical rasas or sentiments. Medh. mentions the same ex- 
planation and two more: (1) spices; (2) juicy fruits and canes 
like sugar-cane. 



Digitized by 



Google 



II, 184. STUDENTSHIP. 63 

rium to his eyes, from the use of shoes and of an 
umbrella (or parasol), from (sensual) desire, anger, 
covetousness, dancing, singing, and playing (musical 
instruments), 

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 
Rik-verse (which begins), 'Again let my strength 
return to me.' 

182. Let him fetch a pot full of water, flowers, 
cowdung, earth, and Kusa grass, as much as may be 
required (by his teacher), and daily go to beg food. 

J 83. 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. Ganavada, '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. 

H, 35- 

184. Gaut. II, 37-38. 



Digitized by 



Google 



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 AbhLsastas (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 Avaklrain (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 denied by any impurities.' Vihayasi, 'anywhere but on the 
ground,' means lit. ' in the air,' and is explained variously by ' on 
the roof of the house' (Medh., Gov., Kull.), 'on a platform and 
the like' (Nar.), 'in the open air' (Nand.), 'in any pure place 
except on the ground' (Ragh.). The purpose is, as most com- 
mentators think, to preserve the wood from defilement. But, 
according to 'others,' quoted by Medh., with whom Nand. seems 
to agree, the object is to let it become dry in the open air. 

187. Vi. XXVIII, 52; Y&gn. Ill, 281. The penance for an 
Avaktrwin is mentioned below, XI, 1 19-120. 

188. Yi^n. I, 32. 

189. Y&gii. I, 32. 'Observing the conditions of his vow,' i.e. 
' avoiding honey, meat, and the like.' J?*'shivat, ' like a hermit ' 
(Medh., Gov., Nar., Nand.), or 'like an ascetic* (yati, Kull.). 



Digitized by 



Google 



II, 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»a only; but no such duty is ordained for 
a Kshatriya and a Vaisya. 

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 hefmit (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; v »- XXVIII, 
6-7; Y&gtLl, 27. 

193. Ap. I, 6, 18-20. I read, with Medh., Kull., and Ragh., 
smamvriiz/i, 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/wyata/S, 
and Nand. samahitaA, ' 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. 
XXVIII, 13. 



Digitized by 



Google 



66 LAWS OF MAttU. 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. 

198. 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. II, 25-28; Vas. VII, 12 ; Baudh. 
I, 3, 38 ; Vi. XXVIII, 18-22. 

197. Nidere tish/AataA, 'if he stands in a lower place' (Nar., 
Nand.), means according to Medh., Gov., Kull., and Ragh. ' if he 
stands close.' 

198. Ap. 1, 2, 21, 6, 13-17; Gaut. II, 1 4-15, 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 Parana and the like (Nar.). 

200. Vi. XXVIII, 26. 

301. Paribhokta, ' he who lives on his teacher's substance,' means 



Digitized by 



Google 



II, 206. 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 parivetti and pary&dhata. 

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 ; v »- XXVIII, 27-28. 

205. Ap. I, 7, 29-30, 8, 19-20 ; Vi. XXVIII, 29-30. 

206. Ap. I, 8, 28. 

F 2 



Digitized by 



Google 



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 Brahmana caste (Medh., Kull., Gov.), 
means according to Nar. and Nand. ' who are virtuous.' It is, 
however, probable that it has its literal meaning, ' who are Aryans, 
i.e. born by wives of the first three castes.' Medh. prefers another 
reading, guruputre tathaHrye, '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. 



Digitized by 



Google 



II, ai9- STUDENTSHIP. 69 

the teacher; but those who belong to a different 
caste, must be honoured by rising and salutation. 

211. Let him not perform for a wife of his teacher 
(the offices of) anointing her, assisting her in the 
bath, shampooing her limbs, or arranging her hair. 

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. 

214. 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. 



Digitized by 



Google 



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 Savitrt). 

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., Righ.). Medh., Gov., Nir., 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 Medh., N&r., 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. 1, 18; Ap. II, 12, 22. 

222. Ap. I, 30, 8; Gaut. II, 11 ; Baudh. II, 7 ; Vi. XXVIII, 2. 

223. Ap. II, 29, 11. 



Digitized by 



Google 



II,23i. STUDENTSHIP. 7 1 

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 Dakshiwagni, 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., Nan, Nand.), ' the last three orders' (Medh., Gov.). 

231. Ap. I, 3, 44; Vi. XXXI, 8. 



Digitized by 



Google 



72 LAWS OF MANU. 11,232. 

the teacher the Ahavanlya 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, 11. 'The highest law,' i.e. 'the means of 
obtaining final liberation' (Kull.) j 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, 5 1-53. 



Digitized by 



Google 



n, 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 
Brahmawa ; 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«ical teacher, nor with 
a Brahma«a who does not know the whole Veda 
and the Angas. 

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»a 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 Samivar- 
tana) ; but when, with the permission of his teacher, 
he is about to take the (final) bath, let him procure 



240. Striyo ratnini, * excellent wives' (Kull., Ragh.), means ac- 
cording to Medh. and Gov. ' wives and gems.' 

241. Ap. II, 4, 25; Gaut. VII,'i-3; Baudh. I, 3, 4*-43- 

243. Ap. II, 21, 6; Gaut. III. 5-6; Vas. VII, 4 ; Baudh. II, 11, 
13 ;Vi. XXVIII, 43; Ya*n. I, 4 9- 

245. Ap. I, 7, 19 ; Gaut. II, 48-49 ; Vi. XXVIII, 42 ; Ya^n. I, 51. 



\/ 



Digitized by 



Google 



74 LAWS OF MANU. 11,246. 

(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 Sapi«</a, 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 Brahmawa 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. 

1. 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; Ya^». 1,49. Regarding ' 
the term Sapi/wfo, see below, V, 60. 

248. Gaut. Ill, 8 ; Vas. VII, 5-6 ; Vi. XXVIII, 46 ; Ya^fl. 1, 49- 
•Sariraw sadhayet, « shall finish his life ' (Medh., Gov.), means ac- 
cording to Kull. ' shall make the soul connected with his body 
perfect, ie. fit for the union with Brahman.' Nar. and Ragh. take 
the word similarly. 

249. VL XXVIII, 49 j Ya^w. I, 50. 

III. 1. Ap. I, 2, 12-16; Gaut. II, 45-47; Vas. VIII, 1; Baudh. 
I, 3, 1-4; Vi. XXVIII, 42; Y&gri. I, 36. 

The three Vedas meant are the J?*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 



Digitized by 



Google 



in,S. 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 who is 
endowed with auspicious (bodily) marks. 

5. A (damsel) who is neither a Sapiw^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. Ya^n. I, 52. 

3. The meaning is, that the student who, after completing his 
term, has become a Snitaka, 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, 
pituA might also be translated ' from his (spiritual) father.' 

4. Gaut IV, 1 ; Vas. VIII, 1; Ya#«. I, 52. Regarding the 'aus- 
picious bodily marks,' see .Sahkh&yana, Gr/hya-sutra I, 5, 10. See 
also below, vers. 7-10. 

5. Ap. II, 11, 15-16; Gaut IV, 2-5; Vas. VIII, 1-2; Baudh. 
II, 1, 32-38; Vi. XXIV, 9-10; Y&gri. I, 53. 

Asagotra ka. yd pitu^, 'who does not belong to the same family 
on the father's side,' means according to Medh. and Kull. 'between 
whose father's and the bridegroom's family no blood-relationship is 



Digitized by 



Google 



"j6 LAWS OF MANU. 111,6. 

the father's side, is recommended to twice-born men 
for wedlock and conjugal union. 

6. In connecting himself with a wife, let him care- 
fully avoid the ten following families, be they ever 
so great, or rich in kine, horses, sheep, grain, or 
(other) property, 

7. (Viz.) one which neglects the sacred rites, one 
in which no male children (are born), one in which 

Lf 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, 
t 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 Brahmawas, 
intermarriages between families descended from the same ^»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 k&, ' 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 fa, the word asapi»<£ 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., N£r.), means according to Kull. and Ragh. 'for the holy rites 
to be performed by the husband and wife together.' Nand. reads 
amaithuni, ' one who is a virgin.' Regarding the term Sapi«</a, see 
below, V, 60. 

7. Vi. XXIV, 11; Ya^fi. I, 54. 

8. Y%7i. I, 53; Vi. XXIV, 12-16. 



Digitized by 



Google 



in,i3. 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 .Sudra woman alone (can 
be) the wife of a .Sudra, she and one of his own caste 
(the wives) of a Vai-yya, 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 Brahmawa. 

11. Y&gii. 1, 53. 'Lest he should commit sin,' i.e. marry a Sagotra 
or one sprung from an illicit union. The translation follows Kull.,N£r., 
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. 1, 16, 2-5. 

13. Ya^»». I, 56; Vas. I, 25-26. 



Digitized by 



Google 



78 LAWS OF MANU. Ill, 14. 

14. A .Sudra woman is not mentioned even in 
any (ancient) story as the (first) wife of a Brah- 
ma«a or of a Kshatriya, though they lived in the 
(greatest) distress. 

15. Twice-born men who, in their folly, wed wives 
of the low (.Sudra) caste, soon degrade their families 
and their children to the state of .Sudras. 

16. According to Atri and to (Gautama) the son 
of Utathya, he who weds a .Sudra woman becomes an 
outcast, according to Saunaka on the birth of a son, 
and according to Bhrz'gu he who has (male) offspring 
from a (.Sudra female, alone). 

17. A Brahmawa who takes a Sudra wife to his 
bed, will (after death) sink into hell ; if he begets 
a child by her, he will lose the rank of a Brahmawa. 

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. 1, 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-purawa, which, 
as usual, paraphrases Manu's text, putrasya putram as&dya &iunakaA 
judrat&w gatzA 1 bhr»"gvldayo 'py evam eva patitatvam av&pnuyuA 11 
There was, moreover, as this passage shows, an ancient explanation 
of our verse, according to which the various names of J?*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 
.Sudra female, becomes an outcast, (one of the race) of Utathya's 
son, on the birth of a son, and (one of) Saunaka's or Bhrz'gu's 
(Gotras) by having no other but Sudra offspring.' It ought to be 
noted that, according to Kull. alone, the three clauses refer to 
Brahmanas, Kshatriyas, and Vairyas respectively. Ragh. particularly 
objects to this opinion, which, according to him, 'some' hold. 

18. Vas. XIV, 11; Vi. XXV, 7. 



Digitized by 



Google 



Ill, 34. HOUSEHOLDER ; MARRIAGE. 79 

honour of the gods, of the manes, and of guests 
chiefly with a (.Stodra wife's) assistance, and such 
(a man) will not go to heaven. 

19. For him who drinks the moisture of a 5"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 ^'shis (Arsha), 
that of Pra^apati (Pra^apatya), that of the Asuras 
(Asura), that of the Gandharvas (Gandharva), that 
of the Rakshasas (Rakshasa), and that of the Pisa- 
>fcas (Pai^a^a). 

22. Which is lawful for each caste (varwa) 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«a, the four last for a Kshatriya, and the same 
four, excepting the Rakshasa rite, for a Vauya and 
a *S"udra. 

24. The sages state that the first four are approved 
(in the case) of a Brahma»a, one, the Rakshasa (rite 

21-34. ip. II, 11, 17-21; Gaut. IV, 6-15; Vas. I, 17-35; 
Baudh. I, 20, i-ai, 23; Vi. XXIV, 18-28; Y%». 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. 



Digitized by 



Google 



8o LAWS OF MANU. 111,35. 

in the case) of a Kshatriya, and the Asura (marriage 
in that) of a Vaijrya and of a *Sudra. 

25. But in these (Institutes of the sacred law) 
three of the five (last) are declared to be lawful 
and two unlawful ; the Paisa^a and the Asura 
(rites) must never be used. 

26. For Kshatriyas those before-mentioned two 
rites, the Gandharva and the Rikshasa, 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 (die 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 arfoyitva, ' 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. 51-54. 
' 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.). 



Digitized by 



Google 



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 
Smmi the Pra^apatya rite. 

31. When (the bridegroom) receives a maiden, 
/ after having given as much wealth as he can afford, 
J 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. 

33. 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 Pba-fes. 



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 Palrala 
rites. Relying on a passage of Devala and of the Bahvriia. G/ihya- 
paririshta (-Saunaka) they are of opinion that the homas must be 
performed, at least in the case of Aryan couples. But they hold 
on the strength of Manu's dictum, VIII, 226, which restricts the 
use of the Mantras to women, married as virgins, that the Vedic 
nuptial texts must not be recited. From the comment of Medh. 
on verse 34 it would appear that the opinions on the subject were 
divided, and that some held weddings with the recitation of Mantras 
to be permissible, while others denied the necessity of any 
wedding. 

[»o] G 



Digitized by 



Google 



82 LAWS OF MANU. Ill, 35. 

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#as, while I 
fully declare what 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 .Slsh/as (good men). 

40. Endowed with the qualities of beauty and 
goodness, possessing wealth and fame, obtaining as 

35. Itaretarak&myayS, ' by (the expression of) mutual consent,' 
i.e. by the parents, means according to Medh. 'in consequence of 
the mutual desire of the bride and the bridegroom.' He mentions, 
however, the other explanation too. The text refers probably to 
customs like the sending of a cocoa-nut, which is usually adopted 
by Kshatriyas. 

37-42. Vi. XXIV, 29-32; Gaut. IV, 29-33; Baudh. I, 21, 1; 
Ap. II, 12, 4 ; Ya^w. I, 58-60, 90. 

39. Regarding the explanation of the term .Slsh/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. 



Digitized by 



Google 



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#a); know that the following rule (applies) to 
weddings with females of a different caste (var#a). 

44. On marrying a man of a higher caste a 
Kshatriya bride must take hold of an arrow, a 
Vaisya bride of a goad, and a *Sudra 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 ; Y&gii. 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. Ya£«. I, 80-81 ; Ap. II, 1, 17-18 ; Gaut. V, 1-2 ; Vas. XII, 
a 1-2 4 ; Vi. LXIX, 1 ; Baudh. IV, 17-19. TadvrataA, ' being intent 
on pleasing her' (Medh., Kull.), means according to NSr. ' being 
careful to keep that rule (regarding the Parvans).' With respect to 
the Parvans, see below, IV, 128. 

46. Ya^n. I, 79. The days which the virtuous declared to be 
unfit for conjugal intercourse are the first four after the appearance 
of the menses. 

C 2 



Digitized by 



Google 



/ 



84 LAWS OF MANU. 111,47- 

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. Yfc*. 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. II, 13, 1 1 ; Vas. I, 37-38 ; Baudh. I, 21, 2-3. 

52. Medh. gives in the first place another explanation of this 



Digitized by 



Google 



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 NSr. 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 narfr yanani, ' female slaves, carriages, &c.' The objection to 
Nar.'s explanation is that nSriyanani can hardly mean ' carriages 
received for females.' The reading 'n&rW is obviously a conjec- 
tural emendation. 

53. Ap. II, 13, 12; Vas. I, 36. 

55-60. Ya^-n. I, 82. 

58. Some copies of Medh. omit verses 58-66. 

59. Instead of satkareshu (sawkareshu, Gov.), ' on holidays,' like 
the Kaumudi, the Mahanamn!, and so forth (Gov., Kull, Ragh.), 



Digitized by 



Google 



86 LAWS OF MANU. Ill, 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 Brahma«as, 
(great) families sink low. 

64. By (practising) handicrafts, by pecuniary trans- 
actions, by (begetting) children on .Sudra females 
only, by (trading in) cows, horses, and carriages, by 
(the pursuit of) agriculture and by taking service 
under a king, 

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 Nand. read satkare«a, which, according to the former, 
means ' by kind speech.' 

64. Baudh. 1, 10, 28. N£r. says, 'by (keeping) beasts of burden, 
such as bullocks and horses.' 

65. Baudh. 1, 10, 26. Instead of kulSny iru vi»&tyanti, ' families 
. . . perish quickly' (Gov., Kull.), N&r., Nand., and Ragh. read 
kulany akulatSw yinti, ' (great) families lose their rank.' 

66. Baudh. 1, 10, 29. 



Digitized by 



Google 



iu.70. householder; daily rites. 87 

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. Ya#»i. I, 97; Gaut. V, 7; Vi. LIX, 1; Baudh. II, 4, 22. 
•The domestic ceremonies,' i.e. 'all the rites prescribed in the 
Gr/'hya-sutras.' 

68. Vi. LIX, 19. The translation of upaskaraA,' the broom,' rests 
on the authority of Ndr., who says, peshawena upakiraty araddhanity 
upaskaro VaskarahetuA t sammar^ani bhuyish/AapipflikSdihintsahe- 
tuA 11 The other commentators seem to take upaskaraA in its usual 
sense, ' a household implement,' as they explain it by ku»</aka/ahadi, 
' a pot, a kettle, and the like' (Medh.), kuwrfasawm&yanyadi, ' a pot, 
a broom, and the like' (Kull.), sawmaig-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. 1, 12, 15-13, 1; Gaut. V, 3, 9; Baudh. II, 5, 11; II, 11, 
1-6; Vi. LIX, 21-25; YigTi. 1, 102. By Bhutas either 'the gob- 
lins' or 'the living creatures' may be understood. Medh. takes it 
in the former sense. Nand. reads adhyayanam for adhy&panam, 
and adds adhyayanam eva 'dhyayanam, 'adhySyana is the same as 
adhyayana, studying.' 



Digitized by 



Google 



88 LAWS OF MANU. Ill, 71. 

Bali offering 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 Prlrita. 

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 Bhutas, 
Brahmya-huta (offered in the digestive fire of Brih- 
mawas), the respectful reception of Brahmawa 
(guests), and Pr&rita (eaten) the (daily oblation to 
the manes, called) Tarpawa. 

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 maintain,' i. e. ' aged parents 
and so forth* (Medh., Gov., Kull.), or 'animals unfit for work' 
(Medh.), or ' the Bhutas, goblins or living beings' (Nir., Ragh.). 
Nand. reads bhutanSm for bhr»'tyan£m, as Nir. and Ragh. seem to 
have done. 

73. Medh. remarks that these technical terms must belong to some 
particular .SlkhS 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 PSraskara's Gr/hya-sutra I, 4, 1, as well as in 
•Sankhayana's, I, 5, 1. N&r., Nand., and K. read Brstfimahuta in 
this and the next verses. 



Digitized by 



Google 



Ill, 81. 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). 

77. 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 latfer 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 MSS. of Medh. and Nand. read atyantam, ' exces- 
sive,' for nityam, ' constant.' 

80. Vi. LIX, 29. 81. Yi^w. 1, 104. 



Digitized by 



Google 



90 LAWS OF MANU. 111,83. 

(.Sraddha), men by (gifts of) food, and the Bhutas 
by the Bali 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 .Sraddha), which belongs to the 
five great sacrifices; but let him not feed on that 
(occasion) any Brahma»a on account of the Vaisva- 
deva offering. 

84. A Brahma«a shall offer according to the rule 
(of his Grzhya-sutra a portion) of the cooked food 
destined for the Vaisvadeva in the sacred domestic 
fire to the following deities : 

85. First to Agni, and (next) to Soma, then to 
both these gods conjointly, further to all the gods 
(Vixve 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 Svishfekr?t 
(the fire which performs the sacrifice well). 

82. Vi.-LXVII, 23-25. 

83. The object of the second part of the verse is to forbid that 
two sets of Brahma«as are to be fed at the daily .SrSddha, as is done 
at the Parvawa .Sr&ddha, see below, verse 125 seq. Nir. adds, 
vLfveshaw devana/w nity&rraddhe prt«ana»» nastlti damtam ll ' It is 
indicated (hereby) that the Vijvedevas are not gladdened at the 
daily .Sraddha.' Medh., Nand., and Ragh. read kimkil, • any (food),* 
for karaiit, ' any (Brahma«a).' 

84. Ap. II, 3, 16; Gaut V, 10 ; Vi. LXVII, 3 (see also the Grihya- 
sutras, quoted by Professor Jolly on the last passage). The term 
'a Brihmawa'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 ' sviha.' 



Digitized by 



Google 



111,91. householder; daily rites. 91 

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 
Sarvitmabhuti ; 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, n-17 ; Vi. LXVII, 
4-22, 26. 

89. U^irshake, ' near the head of the bed ' (Medh., ' others,' 
NSr., Nand.), means according to Gov., Kull., and Rdgh. ' in the 
north-eastern portion of the house, where the head of the VSstu- 
purusha, "the Lar," is situated.' Medh. says that the spot is 
known as the devarara»a. The same authorities refer pSdataA, ' at 
the foot,' to a spot in the south-west part of the building where the 
Lar keeps his feet. 

91. Pn'sh/AavSstuni, ' 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 N£r. 'behind the house,' or according 
to Nand. ' outside the house.' Instead of * Sarv&mabhuti ' (Kull., 



Digitized by 



Google 



92 LAWS OF MANU. 111,92. 

92. Let him gently place on the ground (some 
food) for dogs, outcasts, Kand&ias (Svapak), those 
afflicted with diseases that are punishments of former 
sins, crows, and insects. 

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. 

Rlgh.), Nar. and Nand. have ' Sarvanubhuti,' Gov. ' Sarvannabhuti.' 
Nar. mentions a various reading ' Sarvinnabhuta,' which seems 
to have been also Medh.'s version. The same deity occurs 
■Sahkhayana Grjhya-sutra II, 14, where Professor Oldenberg has 
SarvSnnabhuti, while the Petersburg Diet, gives Sarv&nubhuti. 
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^omurttf , ' 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; Ya^n. 
1, 107. Bhikshave brahma£ari»e, ' to an ascetic and to a student' 
(Kull., Ragh.), may mean according to Medh. (who gives Kull.'s 
view also), either 'to a begging student' or 'to an ascetic who 
is chaste.' Gov. adopts the former explanation. ' According to 
the rule,' i. e. ' making him wish welfare ' (Medh., Nand.) ; see also 
Gaut. V, 1 8. 

95. For vidhivad gurau or guroA, ' 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 
Ya^-ji. I, 204. 



Digitized by 



Google 



Ill, 102. HOUSEHOLDER ; DAILY RITES. 93 

96. Let him give, in accordance with the rule, to 
a Brahmawa 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 
Brahmawas who are mere ashes. 

98. An offering made in the mouth-fire of Brah- 
ma#as 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. 

101. Grass, room (for resting), water, and fourthly 
a kind word ; these (things) never fail in the houses 
of good men. 

102. But a Brahmawa who stays one night only 
is declared to be a guest (atithi); for because he 
stays (sthita) not long (anityam), he is called atithi 
(a guest). 

96. Satkrrtya, ' 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, 11, 13-20; 6, 5-9; Gaut. V, 25-45; Vas. 
VIII, 4-5, n-15; Baudh. II, 5, 11-18; 6, 36-37; Vi. LXVII, 
28-46; Yi^ji. I, 104-109, 112-113. 



Digitized by 



Google 



94 LAWS OF MANU. HI, 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 livelihood by social inter- 
course,' is, according to Gov., Kull., and Rlgh., 'one who makes 
his living by telling wonderful or laughable stories and the like/ 
Medh. explains the word first by 'he who stays being a fellow- 
student (sahldhyayt),' and afterwards by ' a Vauya, or Sudra, or 
a friend who makes friends with everybody, possessing wonderful 
or laughable stories and the like, which are indicated by the word 
sawgati.' Nar. says that sawgati means sambandha, ' connexion,' 
that samgatika is 'one who comes for such a reason.' Perhaps 
the term might be rendered 'a visitor on business or pleasure.' 
According to Kull. and Ragh., the last clause, ' where (there is) 
a wife and sacred fires (are kept),' indicates, that a householder 
who has neither, need not entertain guests. But the words are 
taken differently by Gov. and Ndr., 'nor him who travels with 
his wife or his fires ' (tathS yatra yasya pravasino 'pi bharylgnayo 
va saha ga^Aanti 1 etadanyatamam svagrtha upasthitam Sgatam 
apyathi atithiw na vidySt 1 n$tithidharme»&r£ayet 11 Nik.). 

107. Gaut. V, 38. ' The rule refers to the case when many guests 



Digitized by 



Google 



hi, 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 Vai^va- 
deva offering has been finished, (the householder) 
must give him food according to his ability, (but) 
not repeat the Bali offering. 

109. A Brahma«a shall not name his family and 
(Vedic) gotra in order to obtain a meal ; for he who 
boasts of them for the sake of a meal, is called by 
the wise a foul feeder (vant&rin). 

• no. But a Kshatriya (who comes) to the house 
of a Brahma«a is not called a guest (atithi), nor a 
VaLrya,- nor a .Sudra, nor a personal friend, nor 
a relative, nor the teacher. 

in. But if a Kshatriya comes to the house of 
a Brihma«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. 

1 1 2. Even a Vaijya and a .Sudra 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.' Upisanam, ' honour (while they stay),' 
i. e. ' sitting with them and talking to them ' (Medh.). 

108. 'When the Vauvadeva offering has been finished,' i.e. 
' when the dinner of the guests is over.' 

in. 'In the manner of a guest,' i.e. 'having consumed his 
provisions while on a journey, being an inhabitant of another 
village or arriving at meal-time ' (Medh., Gov., Kull.). 

1 1 2. Nar. says, * he may cause them to be fed by his servants 
in the same manner.' 



Digitized by 



Google 



96 LAWS OF MANU. Ill, 114. 

give food, garnished (with seasoning) according to 
his ability, (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 women. 

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. 

1 1 7. Having honoured the gods, the sages, men, 
the manes, and the guardian deities of the house, the 
householder shall eat afterwards what remains. 

1 1 8. 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. SuvasinlA, '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 svavSsiniA and explains it by ' sisters.' 

119-120. Ap. II, 8, 5-9; Gaut.V, 27-30; Vas. XI,i-2; Baudh. 
II, 6, 36-37; Yi^ft. I, no. 

119. GuruA, 'the teacher,' means according to Nar. 'the teacher 
or the sub-teacher.' PriyaA, which according to Gov., Kull., and 
Ragh. means ' a son-in-law,' is taken by Nar. and Nand. in its 
etymological sense, ' a friend.' 



Digitized by 



Google 



in, 123. householder; sraddhas. 97 

120. A king and a .Srotriya, 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) Vaisvadeva is prescribed both 
for the morning and the evening. 

122. After performing the Titriya^na., a Brahma«a 
who keeps a sacred fire shall offer, month by month, 
on the new-moon day, the funeral sacrifice (.Sr&ddha, 
called) Pi#d&nvaharyaka. 

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., KulL, Nar., this rule is a limitation of verse 119, and 
means that the two persons mentioned shall not receive the honey- 
mixture, except when they come during the performance of a 
sacrifice, however long a period may have elapsed since their last 
visit. According to another explanation, mentioned by Medh., 
and according to Nand. and Ragh., the verse means that a king 
and a •Srotriya, who come before a year since their last visit 
elapsed, on the occasion of a sacrifice, shall receive the madhu- 
parka. The term .Srotriya refers according to Medh. to a Snataka 
or to an officiating priest, according to others quoted by him to 
all the persons mentioned in the preceding verse, according to 
Gov., Kull., Nar., and Ragh. to a Sndtaka. The latter is probably 
the correct opinion, as a .Srotriya, i. e. one who knows a whole 
recension of the Veda, must be a Snataka. Medh. approves of the 
reading ya^-nakarmawy upasthite. 

121. Nand. omits this verse. 

122. Y&gfi. I, 217; Gaut. XV, 2. The sacrifice intended by 
the term Pitr/ya^wa, 'sacrifice offered to the fathers,' is the so- 
called Vwdapitriyagna, a .Srauta rite (Arvalayana, .Srauta-sutra II r 
6-7), and Puit/anvahSryaka is another name for the monthly 
•Siiddha, 

• [««] H , 



Digitized by 



Google 



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 
Brahmawas must be fed on that (occasion), who 
must be avoided, and on what kinds of food (they 
shall dine). 

125. One must feed two (Brahma»as) at the 
offering to the gods, and three at the offering to 
the manes, or one only on either occasion; even 
a very wealthy man shall not be anxious (to enter- 
tain) a large company. 

1 26. A large company destroys these five (advan- 
tages), the respectful treatment (of the invited, the 
propriety of) place and time, purity and (the selec- 
tion of) virtuous Brahma#a (guests) ; he therefore 
shall not seek (to entertain) a large company. 

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 ; Y&gfi. I, 228. The offering to the gods, mentioned in 
this verse, is an Ahga or subsidiary rite preceding the offering to 
the manes. Medh. takes the first part of this verse in a peculiar 
manner, ' One must feed two (Br&hmawas) 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 vidhiA 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 da/ 



Digitized by 



Google 



ITT, 132. HOUSEHOLDER J tfRADDHAS. 99 

128. Oblations to the gods and manes must be 
presented by the givers to a .Srotriya alone ; what 
is given to such a most worthy Brahmawa 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. 

130. 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 Rikas, 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, Le. 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 vidhiA 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 Rik&s,' i.e. ' the Veda.' Nar. reads instead of pritaA, 
'who is satisfied,' yuktaA, and combines it with dharmataA, ' who 
is properly invited.' Nand. has vipraA, ' a Br&hmana/ for pritai. 
K. has prima manu vipraA, sec. manu yuktaA. 

H 2 



Digitized by 



Google 



IOO 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 
offerings to the gods, 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 Angas, and a son ignorant of 
the sacred texts whose father knows an entire recen- 
sion of the Veda and the Angas, 

133. NaT. 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. N£r. explains r/'sh/i, ' spear,' by kha^/ga, 
' sword.' Nand. reads hulan for gudan, ' balls,' and says that hula 
means ' a double-edged sword.' 

1 34. ' Knowledge,' i. e. ' the knowledge of the supreme soul ' 
(Medh., Gov., Kull., NaT., Ragh.). Medh. and NaT. 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. 

136-137. Kull. remarks that the object of the verse is to teach 
that at a .Sraddha the learned son of a learned father is to be 
entertained, but not to permit the admission of a fool whose father 
is learned. 



Digitized by 



Google 




111,143. householder; srAddhas. 

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 .Sraddha 
a Brahma»a whom he considers neither as a foe 
nor as a friend. 

1 39. He who performs funeral sacrifices and offer- 
ings to the gods chiefly for the sake of (gaining) 
friends, reaps after death no reward for •S'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 
.SVaddha 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 Pi.riL6as; 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 Rika.s. 

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; 
YSgrL I, 220. 

141. Ap. II, 17, 8-9. According to Medh., Gov., Kull., and 
Ragh. pairaii means 'offered after the manner of the Pwafas.' 
But the version given above, which follows Nar. and Nand., is 
supported by the ancient verse, quoted by Apastamba, from which 
Manu's Sloka is probably derived. 



Digitized by 



Google 



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 J&g-veda. 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., Rlgh.), is taken by 
Medh. and Gov. in its widest sense, ' any remoter kinsman ' (sago- 
tradi/4). 

149- Vi. LXXXII, 1-2. 



Digitized by 



Google 



Ill, 154. HOUSEHOLDER ; SRAdDHAS. IO3 

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 .Sraddha one who 
wears his hair in braids (a student), one who has not 
studied (the Veda), one afflicted with a skin-disease, 
a gambler, nor those who sacrifice for a multitude 
(of sacrificers). 

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^«. I, 222-224. 

150. For the term ntstikavrrtti, 'atheist,' Medh. proposes, besides 
the explanation given above, the other equally possible one, ' he who 
derives his livelihood from atheists.' 

151. Anadhiy&naw, ' one who has not studied the Veda,' i. e. 
' one who has been initiated only, but has not studied ' (Kull.), or 
' one who has not mastered the Veda ' (Medh.), or ' one who has left 
off studying' (NSr.). Medh. and Nand. read durvSlam 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' (N&r.). 

154. NirakmiA,'one who neglects the five great sacrifices '(Medh., 



Digitized by 



Google 



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 Brahmawa 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 -Sttdra 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. 
.Sudra pupils and he whose teacher is a .Sudra, 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- 
bhyantaraA, ' 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 R£gh. it means 'one who 
misappropriates the money of a corporation.' 

ISJ5- Kurilava, '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 drucftapatita. 

156. Vigdush/aA, 'one who speaks rudely/ means according to 
' others,' quoted by Medh. and Kull., ' one who is accused of a 
great crime ' (abhuasta). 

157. According to Nar. garoh, 'a teacher/ denotes the iiarya 
alone. Medh. blames this explanation, and refers it to the sub- 
teacher. The same explains ku»<&rf, ' he who eats the food of the 
son of an adulteress/ by ' a glutton .who eats sixty Palas of rice.' 



Digitized by 



Google 



Ill, 160. HOUSEHOLDER ; SRADDHAS. 105 

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, a 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- 
kirakaA, ' a suborner to perjury ' (Gov., Kull.), means according 
to Medh. and Ragh. 'a false witness,' according to NSr. 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, 
1 9. KitavaA, ' the keeper of a gambling-house ' (Medh.), means 
according to Gov. and Nand. 'one who makes others play for 
himself,' according to N&r. ' a gambler for pleasure,' and according 
to Nand. ' a rogue.' ' Others,' however, read kekaraA, ' a squinting 
man,' and construe it with madyapaA, ' a drunkard ' (Medh., Gov., 
Kull., N&r., Nand., Ragh.). Rasa, ' substances used for flavouring 
food,' e.g. ' sugar-cane juice' (Gov., Kull., Rdgh.), 'molasses' (N&r.). 
Medh. explains rasadaA by vishadaA, ' a poisoner.' 

160. I accept Gov.'s and Ragh.'s explanation of agredidhishu- 
pati, who believe it to be equivalent to didhishupati explained 
below, verse 173. Kull. and Nand. take it as 'the husband of 
a younger sister married before the elder,' and Medh. as an 



Digitized by 



Google 



106 LAWS OF MANU. Ill, i6t. 

161. An epileptic man, one who suffers from scro- 
fulous swellings of the glands, one afflicted with 
white leprosy, an informer, a madman, a blind man, 
and he who cavils at the Veda must (all) be 
avoided. 

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 
5"udras, and he who offers sacrifices to the Ga«as, 

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 Smr/tis agredidhishu- 
pati has the meaning given by Kull., it seems here inadmissible, 
on account of verse 1 73, which is meaningless, if it is not meant 
to explain this term. DyfltavrittiA, ' one who subsists by gambling,' 
means according to Medh. • one who makes others play for his 
profit,' according to Gov., Kull., and Ragh. 'the keeper of a 
gambling-house.' Nar. and Nand. take it in its literal meaning. 

162. Pakshinam poshaka^, 'a bird-fancier,' means according to 
Medh. ' a trainer of hunting-falcons and hawks.' 

164. The commentators mention a var. lect. vr/shalaputraA, 'one 
who has only sons by a Sudra wife,' for ' one who gains his subsist- 
ence from Sfldras.' Nar. and Nand. explain ga«ana»» ya^akaA by 
'one who sacrifices for gawas,' 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 Ga»e.ra- 
homa (Y&gn. I, 270-294) may be meant. But it is also possible 
to think of the Ga»ahomas, which according to Baudh. IV, 8, 1 
must not be performed for others. 



Digitized by 



Google 



Ill, 171. HOUSEHOLDER ; SRADDHAS. IO7 

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»a who knows (the sacred law) 
should shun at (sacrifices) both (to the gods and to 
the manes) these lowest of twice-born men, whose 
conduct is reprehensible, and who are unworthy (to 
sit) in the company (at a repast). 

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»a ; 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»as 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 Parivettr? who 

168. 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 ' dealers of the 
company.' 

170. AvrataiA, 'who have not fulfilled the vow of studentship' 
(Gov., Kull., Righ.), 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 ParyadhaW, and the elder brother a Paryahita. 



Digitized by 



Google 



108 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 Kunda. 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. 

1 78. The giver (of a .Sraddha) loses the reward, 

172. Baudh. II, 1, 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 



Digitized by 



Google 



in, 183. householder; sraddhas. 109 

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 Brahmawa who 
lives by trade that is not (useful) in this world and 
the next, and (a present) to a Brahmawa 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 5raddha' (Kull., Ragh.). 

1 79. ' 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, Righ.), or that the food will be rejected by 
the manes and the gods as impure (Nar.). Apratish/Aam, ' finds no 
place' (Medh., Gov., Kull., Ragh.), means according to N&r. and 
Nand. ' secures no fame (to the giver).' 

182. According to Medh., Gov., Kull., and Righ., 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; Ya^jl. I, 219-221. 



Digitized by 



Google 



IIO LAWS OF MANU. m, 184. 

a company denied 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 Gyesh/^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»as who sanctify a company. 

187. On the day before the .Sraddha-rite is per- 
formed, or on the day when it takes place, let him 
invite with due respect at least three Brahma«as, 
such as have been mentioned above. 

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 Trin££iketa, see Ap. II, 17, 22, note. 
Pan^agniA, ' one who keeps five sacred fires' (Medh., 'others,' Gov., 
Kull., Nand., Rlgh.), means according to Medh. and Nar. ' one 
who knows the pawHgnividya, taught in the AT^andogyopanishad 
IV, 10 seq. Trisupar»a means according to Medh., Nir., and Nand. 
' one who knows the texts Taitt. Ar. X, 38-40 ; but according to 
Gov., Kull, and Ragh. 'one who knows the portion of the Rig-veda 
called Trisuparwa, Rig-veda X, 1x4, 3-5. 

186. Nand. explains brahma&ri, 'a student,' by 'a chaste man' 
(see above, verse 50). 

187. Ap. II, 17, ix-15; Vas. XI, 17; Y&gn. I, 225. 

188. Gaut. XV. 23 ; YSgiL I, 225. 'Control himself,' i.e. 'remain 
chaste.' 



Digitized by 



Google 



Ill, 195. HOUSEHOLDER ; SRADDHAS. 1 1 1 

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»a who, being duly invited to 
a rite in honour of the gods or of the manes, in 
any way breaks (the appointment), becomes guilty 
(of a crime), and (in his next birth) a hog. 

191. But he who, being invited to a .Srdddha, 
dallies with a .Sudra 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, Marl^i and 
the rest, who are children of Manu, the son of 
Hira«yagarbha. 

195. The Somasads, the sons of Vira^ - , are stated 
to be the manes of the Sadhyas, and the Agnish- 

189. 'Like the wind,' i.e. 'like the vital air, the breath' (Medh., 
Gov., Kull.). Medh. thinks that the manes enter the body of the 
invited guests. 

190. Medh. explains atikr&man, ' breaks the appointment' (Gov., 
Kull., N&r., Ragh.), by ' breaks the rules of chastity and the like.' 
Medh. mentions a second ' improper' explanation given by 'others,' 
' does not accept the invitation.' 

191. Medh., Gov., Nand., and Ragh. take vn'shal!, 'a Sudra 
woman,' in the sense of ' his lascivious wife.' Probably the word 
is used in its proper sense and indicates, as NSr. states, that inter- 
course with a Sudra wife is the worst offence in such a case. 

194. ' MarMi and the rest,' see above, I, 35. 

195. Ndr., Nand., and K. prima manu read Somasuta^ for. 
SomasadaA. 



Digitized by 



Google 



1 1 2 LAWS OF MANU. Ill, 196. 

vattas, the children of Marl^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 
Kiw/naras, 

197. The Somapas those of theBrahma#as,theHa- 
virbhufs those of the Kshatriyas, the A.fyapas those 
of the Vaijyas, but the Sukalins those of the 6"udras. 

198. The Somapas are the sons of Kavi (Bhrigu), 
the Havishmats the children of Angiras, the A^yapas 
the offspring of Pulastya, but the Sukalins (the issue) 
ofVasish/^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 tathS, 
and Nand. has vahan. The translation follows the explanation 
given by Gov., Kull., and Righ. The other three commentators 
say that this verse gives partly different names for the several classes 
of manes, enumerated in the preceding verses. But their explana- 
tions are not very clear, and they are forced to ignore or transpose 
the particle eva which stands after vipr&«am. The verse probably 
contains a second classification of the manes, which differs from 
the preceding, because it is based on a different tradition. 

302. Akshayayapakalpate, 'produces endless (bliss),' (Gov., KulL), 



Digitized by 



Google 



Ill, 207. HOUSEHOLDER ; SRADDHAS. 1 1 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 3Vaddhas), 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 .Sraddha) 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 VaLrvadeva 
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, daivaw as a neuter, and to translate, * Let him first per- 
form the rite in honour of the gods as a protection for the (•Sraddha).' 

205. The meaning of the verse is that the BrShma«as, fed at the 
VaLrvadeva which precedes the .Sraddha, must be invited and served 
before and dismissed after the Brahmanas entertained in honour of 
the manes (Medh., Kull., Nar.). See also below, verse 209. 

206. Ap. II, 18, 14 ; Gaut. XV, 25 ; Y&gii. I, 227. 

207. Vi. LXXXV, 54-63. Abksheshu, ' naturally pure' (Medh., 

[25] I 



Digitized by 



Google 



114 LAWS 0F MANU. in, 208. 

208. The (sacrificer) shall make the (invited) 
Brahma#as, 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 Kara grass, the Brahmawa 
(sacrificer) shall offer (oblations) in the sacred fire, 
after having received permission (to do so) from 
(all) the Brahmawa (guests) conjointly. 

2ii. Having first, according to the rule, performed, 
as a means of protecting (the .Sraddha), 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»a ; 
for Brahmawas 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., N£r.) or 'lovely ' (Nan d., Righ.), ' such as forest glades' 
(Kull.). 

208. Y&ga. I, 226. 209. Vi. LXXIII, 2; Ya£». I, 231. 

210. Vi. LXXXIII, 5; Ap. II, 17, 17-19; Baudh. II, 14, 7; 
Ya^n. I, 229. 

an. Vi. LXXIII, 12; Baudh. II, 14, 7. 

212. Ajvalayana G/-»hya-sutra IV, 8, 5-6. Cases, where a sacred 
fire is wanting, are those in which a child, an unmarried man, or a 
widower perform a 5riddha (Medh., Kull., N&r.). 

213. The object of the verse is to show why the offerings may 



Digitized by 



Google 



m, 217. householder; sraddhas. 115 

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 (Kara, 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 Kura 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' (NSr.), or 'those who receive 
gifts before others' (RSgh.). Medh. prefers, however, to read puri- 
tanic, ' 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 Kara 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' (dakshinasamstham), means 
according to NSr., pr£#navttena, ' passing the sacrificial string over 
the right shoulder and under the left arm.' Apasavyena hastena, 
' with his right hand' (Medh. ' others,' Kull., Righ.), means accord- 
ing to Medh., Gov., NSr., 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 I'&c, 

I 2 



Digitized by 



Google 



1 16 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»as 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. 

2 1 8. 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 Brihmawas,' 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. N£r. adds that this case happens when 
a son has kindled the sacred fire during his father's lifetime, 
because then the Pi«<&pitr»ya,£?ia and afterwards the Parvawa 
•Sraddha must be performed. 

221-222. Vi. LXXV, 6. 



Digitized by 



Google 



Ill, 229. HOUSEHOLDER ; SRADDHAS. 1 1 7 

grandson) having received permission, may perform 
it, as he desires. 

223. Having poured water mixed with sesamum, 
in which a blade of Kusa. grass has been placed, 
into the hands of the (guests), he shall give (to each) 
that (above-mentioned) portion of the cake, saying, 
* To those, Svadha ! ' 

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, 1; Ya^«. 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 330 immediately after verse 228. 



Digitized by 



Google 



I 1 8 LAWS OF MANU. Ill, 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. Yagfi,. I, 239. Brahmody&A katha^, 'let him give riddles 
from the Veda,' such as those collected in the Ajval&yana 5rauta- 
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 Saramd and the Pa»is, 
and he mentions a var. lect. brahm&dya^, 'conversations regard- 
ing the Brahman, the supreme soul.' This latter explanation is 
adopted by Gov., Kull, NSr., and Righ., 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; Yigii. I, 239^ 'Khilas,' 
i. e. ' the apocrypha of the Veda, such as the .Srisukta.' ' AkhyinSni 
legends, such as the Sauparwa, the Maitra>£ru«a' (Medh., Gov., 
Kull., Righ.), or * such as occur in the Br£hma»as' (N£r.), or ' the 
death of Kama and so forth' (Nand.). 



Digitized by 



Google 



in, 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 K&ndSXa., a village pig, a cock, a dog, a 
menstruating woman, and a eunuch must not look 
at the Brahma»as 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, 11, 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 Sfidra.' 

242. Vi. LXXXI, 15-16. According to Medh., Gov., and Kull., 



Digitized by 



Google 



120 LAWS OF MANU. Ill, 243. 

in a limb, or one with a redundant limb, be even 
the servant of the performer (of the .Sraddha), he 
also must be removed from that place (where the 
Sraddha is held). 

243. To a Brahma«a (householder), or to an 
ascetic who comes for food, he may, with the per- 
mission of (his) Brahmawa (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 Kusa. 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 Kusa. 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 (Sraddha) to the manes, to be 
the share of honest, dutiful servants. 



the word api, ' even,' indicates that others, e.g. Sudras, must also 
be sent away. 

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, 2t. 

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. 



Digitized by 



Google 



111,351* HOUSEHOLDER; ^RADDH AS. 121 

247. But before the performance of the Sapiwaft- 
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»^ikara«a of the (deceased 
father) has been performed according to the sacred 
law, the sons must offer the cakes with those cere- 
monies, (described above.) 

249. The foolish man who, after having eaten a 
.Sraddha(-dinner), gives the leavings to a *Sudra, falls 
headlong into the Kilasutra hell. 

250. If the partaker of a £raddha(-dinner) enters 
on the same day the bed of a .Sudra 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)!' 

— '■-■■ - '■ m 

247. Vi. XXI, 2-12, 19; Ya^n. I, 250. The Sapimfikarana, 'the 
solemn reception of a dead person among the partakers of the 
funeral oblations,' is performed either on the thirteenth day or a 
year after the death. Up to the time of its performance the 
.Sraddhas are so-called Ekoddish/as, ' performed for one person 
only.' Medh., Gov., Nar., Nand., and K. read the first word of the 
verse asapi»</akriyakarma, and according to this var. lect. the trans- 
lation must be, ' The rite for persons not made Sapi«<fes (i. e. the 
Ekoddish/a .Sraddha, must be performed) for an Aryan (recently) 
deceased ; (on that occasion) one must,' &c. 

250. Medh., Gov., Kull, and Ragh. take vrishalt, 'a Sudra 
female' (Nar.), in the sense of 'a seducing woman' (vn'shasyanti). 

251. Ya^n. I, 242 ; Vi. LXXIII, 26-27. Kull. reads abbi bho 
ramyatam, 'Ho, take rest I ' and Ragh., abhito gamyatam, 'Go 
where you please 1' 



Digitized by 



Google 



122 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 highest 
benison. 

253. Next let him inform (his guests) who have 
finished their meal, of the food which remains ; with 
the permission of the Brahmawas 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 GoshMl-jraddha, (the word) 
sumitam ; at a VWddhUsraddha, (the word )sampan- 
nam ; and at (a rite) in honour of the gods, (the word) 
ruiitam. 

255. The afternoon, Kara 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 Kusa grass, purificatory (texts), 
the morning, sacrificial viands of all kinds, and those 
means of purification, mentioned above, are blessings 
at a sacrifice to the gods. 

252. Y&gii. I, 243. Medh., 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/>4e, 'at a Gosh/A Wriddha' (Kull., Ragh.), by 
' in a cow-pen' (goshu tishMantlshu, gogawamadhye), and Nar. by 
gosh/Ae goma»</alartha*» gosh/Ae brahmawabho^ane. Abhyudaya 
or VWddhwraddhas 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 darbhapavitraas, ' blades of Kara grass.' 'Those means of 
purification mentioned above,' i.e. 'the preparation of the house 



Digitized by 



Google 



ni, a6i. householder; sraddhas. 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 Brihma«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. Anupaskr/'tam, ' which is not prepared (with spices),' (Gov., 
Nir.), means according to Nand. ' not dressed as people usually 
do,' according to Kull. and Rlgh. ' 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 BWa, NSr.). 

259. YS^m. I, 245 ; Vi. LXXIII, 28. 

260. Ya£& 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 purastit. As purastat always 
means ' before,' it would seem that the real reading of the three 
commentators was like that of Righ.'s commentary 'parastat,' 
the sense of which perfectly agrees with their explanation. 



Digitized by 



Google 



I 24 LAWS OF MANU. Ill, 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 
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 purastit, 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; VLLXXX; Y&gii. 
I, 257-259- 



Digitized by 



Google 



111,274- 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) 
Ruru, 

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) Kalaraka, (the fish 
called) Mahlralka, 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). 

274. ' 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 .Sambara, or Simbar stag. 

271. Nar. explains vardhrfwasa, 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 Vardhriwasa (var. lect. Vardhrfoasa) is mentioned. 

272. Another name of the pot-herb Kalaxaka is according to 
Medh. Kr»sh»avasudeva, according to Nand. Kristoranimba. The 
Mahiralka is the prawn. Others mentioned by Medh. read 
sand kin. 

273. Vi. LXXVI, 1 ; Ya^n. I, 260. The day meant is Bha- 
drapada Badi 13. 

274. Vi. LXXVIII, 51-52 ; Vas. XI, 40. Gov. omits this verse. 



Digitized by 



Google 



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£Mye ku^arasya, 
' (in the afternoon) when the shadow of an elephant falls towards 
the east ' (KulL, Nar., R&gh.), by ' during an eclipse.' He also 
mentions a var. lect. prakMayam. 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 Vj^nanervara on Y&gn. I, 217) is meant. The 
thirteenth lunar day is, of course, the thirteenth of the dark half 
of Bhadrapada, the day of the Mahalaya .Sraddha. 

276. Ap. II, 17, 6 ; Gaut. XV, 3; Y&gn. I, 263; Vas. XI, 16. 
The reason why the fourteenth is excepted, is given Vi. LXXVIII, 
50, and Y%w. loc. cit. 

277. Ap. II, 17, 8-22 ; Gaut. XV, 4 ; Vi. LXXVIII, 8-49; Ya^«. 
I, 267. I read with Medh., Gov., Nand., R&gh., and K. pitrm 
ar£an, which, to judge from the commentary, must have been 
Kull.'s reading also, instead of the senseless pitrm sarvan of the 
editions. Nand. adds five verses and a half which give the details 
with respect to the rewards obtained by performing the .Sraddhas 
on particular lunar days. They are clearly an interpolation. 

278. Ap. II, 17, 5. 



Digitized by 



Google 



in, 284. householder; jraddhas. 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«a, 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 R&gh. explain apasavyam, ' proceeding 
from left to right ' (Nar.), by 'with the Ttrtha of the hand, that is 
sacred to the manes.' Medh. and Gov. think that 4 nidhanit, ' up 
to the end (of the ceremony),' (Kull., Nslr., Nand., Rdgh.), means 
' until death.' 

280. Ap. II, 17, 23. 284. YSgn. I, 268. 



Digitized by 



Google 



128 LAWS OF MANU. 111,285. 

285. Let him daily partake of the vighasa and 
daily eat amrz'ta (ambrosia); but vighasa is what 
remains from the meal (of Brahma«a guests) and 
the remainder of a sacrifice (is called) amWta. 

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 
Brahmawas. 



Chapter IV. . 

1. Having dwelt with a teacher during the fourth 
part of (a man's) life, a Brahmawa 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 Rita, (truth), and Amma 

285. Medh. and Nir. seem to have read bhr/tyareshaw, 'what 
remains after those who must be supported (have been fed).' The 
former mentions the other reading too. 

IV. 2. Medh., Gov., Kull., N&r., and Ragh. particularly state that 
droha and adroha are not equivalent to hiwsa and ahiwsa, 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 himsi, 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.' 



Digitized by 



Google 



iv, 9. householder; subsistence. 129 

(ambrosia), or by Mn'ta (death) and by PranWta 
(what causes many deaths) ; or even by (the mode) 
called Satyinr/ta (a mixture of truth and falsehood), 
but never by Svavritti (a dog's mode of life). 

5. By ^?/ta shall be understood the gleaning of 
corn ; by Amrtta., what is given unasked ; by Mrita., 
food obtained by begging ; and agriculture is declared 
to be Pramrrta. 

6. But trade and (money-lending) are Satyanr/ta, 
even by that one may subsist. Service is called 
Svavritti ; 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. Y&gri. 1, 128. The first two clauses are variously interpreted. 
The first means according to Medh., ' he may keep a store of grain 
or other property, sufficient to maintain a large family, many 
servants and animals during three years ;' according to Gov., 'a store 
of grain sufficient for twelve days ; ' according to Kull. and Ragh., 
' a store sufficient to fill a granary which holds a supply for three 
years or more ; ' and according to Nar., ' a store sufficient for a year, 
six months, or three months.' The second clause is interpreted 
by Medh. as 'a store sufficient for six months ;' by Gov. and Nar. 
as ' a store sufficient for six days ; ' and by Kull. and Ragh. as ' a 
sufficiency for one year.' For other explanations of the term Kum- 
bhidhanya, see Baudh. I, 1, 5 note. Nand. reads dvyahaihikaA, ' or 
he may collect what suffices for two days.' 

9. 'Six occupations,' i.e. 'gleaning corn, acceptance of gifts 

[*S] K 



Digitized by 



Google 



I30 LAWS OP MANU. IV, 10. 

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 Ishris 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 ' (Nar.). ' One by two,' i. e. ' by gleaning and ac- 
cepting voluntary gifts ' (Medh.), or ' by sacrificing and teaching ' 
(Gov., Kull, Ragh., Nand.), or 'by gleaning ears and single 
grains ' (Nar.). ' The Brahmasattra,' i. e. ' gleaning either ears or 
single grains' (Nir.), or 'teaching' (Gov., Kull., Righ., 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 Dam- 
paurnamasas and the Agrayawas. 

11. Y&gii. I, 123. 
12-17. Y&gn. 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. 



\ 



Digitized by 



Google 



IV, 19. HOUSEHOLDER J RULES FOR A SNATAKA. I3I 

discharge the (following) duties which secure heavenly 
bliss, 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. 

17. 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. Ya^ft. 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. Ya^n. I, 99 ; Vi. LXXI, 8. The various sciences meant are 
the Itihasas, Pura»as, and Nyaya, the Arth&rastra, medicine, and 

K 2 



Digitized by 



Google 



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 Bhutas, 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 Brahma«as, 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 Darca and Paurwamasa (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 naigamakawrfa 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. Kaushftaki-Up. II, 5. 24. Nand. omits this verse. 
25-27. Gaut. VIII, 19-20; Vas. XI, 46; Vi. LIX, 2-9; Baudh. 

H. 4> 23; Ya^w. !» 97. 124-125. 



Digitized by 



Google 



iv, 3i. householder; rules for a snataka. 133 

(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#a, who keeps sacred fires, shall, if 
he desires to live long, not eat new grain or meat, 
without having offered the (Agraya#a) Ish/i with 
new grain and an animal-(sacrifice). 

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. Ya^-n. 1, 130. P£sha»<flnaA, ' heretics,' i.e. ' non-Brahma«ical 
ascetics ' (vahyalinginaA, Medh.), or ' ascetics wearing red dresses 
and the like' (Gov.), or ' non-Brahmamcal ascetics, such as 
Bauddhas' (Kull., Nar.), or 'those who do not believe in the 
Vedas' (R&gh.). The term does not necessarily refer to the 
Buddhists and Gainas, though the latter may be designated by 
it. The correct explanation of the word pasha«</a or pashaWin, 
'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;hamedhin&&, ' who are householders.' 



Digitized by 



Google 



134 IAVTS OF MANU. IV, 3*. 

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 Kusa grass, and 
(wear) two bright golden ear-rings. 

32. Ap. II, 4, 14 ; Gaut. V, 22 ; Baudb. II, 5, 20. ' Those who 
do not cook for themselves/ i.e. students and ascetics. According 
to Gov. Pisha«</as are included by this term. 

33. Gaut IX, 63-64; Vas. XII, 2; Ya^n. I, 130. 'A king," 
i.e. 'a Kshatriya king who rules in accordance with the <Sastras;' 
see below, verse 84. 

34. Vas. XII, 4; Vi. LXXI, 9; Gaut. IX, 3; Ap. I, 30, 13. Saktafi, 
' who is able (to procure food),' (Nar.), means according to Nand. 
' he who is able to dine, shall not stint himself through avarice.' 
Gov., Kull., and K. explain the phrase, ' A Snataka, who is a fit 
(recipient of gifts), must not pine with hunger (as long as the king 
has anything to give),' i. e. he must be relieved. Ragh. reads 
yuktaA instead of jaktaA, ' A Snataka who is suffering hunger shall 
not despair.' If taken in the second sense the rule is identical 
with that given Ap. II, 25, n ; Gaut. X, 9-10 ; Vi. Ill, 79. 

35. Ap. I, 30, 10-12; Gaut. IX, 4, 7; YSgn. I, 131; Baudh. 

I. 5. 7- 

36. Vas. XII, 14-17 ; Baudh. I, 5, 3-5 ; 6, 1-5; II, 6, 7 ; Vi. 
LXXI, 13-16 ;Ya^n. I, 133. 



Digitized by 



Google 



IV, 44« HOUSEHOLDER ; RULES FOR A SNATAKA. 1 35 

37. Let him never look at the sun, when he sets 
or rises, is eclipsed or reflected in water, or stands 
in the middle of the sky. 

38. Let him not step over a rope to which a calf 
is tied, let him not run when it rains, and let him not 
look at his own image in water; that is a settled 
rule. 

39. Let him pass by (a mound of) earth, a cow, 
an idol, a Brahma#a, clarified butter, honey, a cross- 
way, and well-known trees, turning his right hand 
towards them. 

40. Let him, though mad with desire, not ap- 
proach his wife when her courses appear ; nor let 
him sleep with her in the same bed. 

41. For the wisdom, the energy, the strength, the 
sight, and the vitality of a man who approaches a 
woman covered with menstrual excretions, utterly 
perish. 

42. If he avoids her, while she is in that condi- 
tion, his wisdom, energy, strength, sight, and vitality 
will increase. 

43. Let him not eat in the company of his wife, 
nor look at her, while she eats, sneezes, yawns, or 
sits at her ease. 

44. A Brahma«a who desires energy must not 

37. Ap. I, 31, 20; Vas. XII, 10; Baudh. II, 6, 10; Vi. LXXI, 
17-21; Ya^»i. I, 135. 

38. Ap. I, 31, 15; Vas. XII, 9; Baudh. II, 6, 15; Vi. LXXI, 
23; LXIII, 41-43. 

39. Gaut. IX, 66; Vi. LXIII, 26-28 ; Yi^w. I, 133. 
40-42. Gaut IX, 29-30; Vas. XII, 7; Vi. LXIX, 11. 

42. Medh. and Nand. read lakshmi, 'luck,' instead of tegaA, 
' energy.' 

43. Vas. XII, 31 ; Vi.LXVHI, 46; Ya^n. 1, 131; Gaut. IX, 32. 

44. Gaut. IX, 32. 



Digitized by 



Google 



I36 LAWS OF MANU. IV, 45. 

look at (a woman) who applies collyrium to her eyes, 
has anointed or uncovered herself or brings forth 
(a child). 

45. Let him not eat, dressed with one garment 
only; let him not bathe naked; let him not void 
urine on a road, on ashes, or in a cow-pen, 

46. Nor on ploughed land, in water, on an altar 
of bricks, on a mountain, on the ruins of a temple, 
nor ever on an ant-hill, 

47. Nor in holes inhabited by living creatures, 
nor while he walks or stands, nor on reaching the 
bank of a river, nor on the top of a mountain. 

48. Let him never void faeces or urine, facing the 
wind, or a fire, or looking towards a Brahmawa, the 
sun, water, or cows. 

49. He may ease himself, having covered (the 
ground) with sticks, clods, leaves, grass, and the like, 
restraining his speech, (keeping himself) pure, wrap- 
ping up his body, and covering his head. 

50. Let him void faeces and urine, in the day- 
time turning to the north, at night turning towards 
the south, during the two twilights in the same 
(position) as by day. 

45. Ap. I, 30, 18 ; Gaut. IX, 40, 45 ; Vas. XII, 11 ; Baudh. II, 
6, 24, 39J Vi. LXVIII, 14; LXIV, 5; LX, 11, 16, 19; Ytg*. I, 
131, 134. Govra^e, 'in a cow-pen' (Gov., Kull.), means according 
to Medh. ' a place where cows graze.' 

46. Ap. I, 30, 18; Gaut. IX, 40; Vi. LX, 4, 21, 10. 'Some 
omit verses 46-47 ' (N4r.), and they are not found in Nand. 

47. Vi. LX, 9. 

48. Ap. I, 30, 20; Gaut. II, 12; Vi. LX, 22; Ya^n. I, 134. 
' Looking at (things moved by) the wind ' (Medh., Kull.). Medh. 
places verse 52 immediately after this. 

49. Ap. I, 30, 14-15; Gaut. IX, 37-38, 41-43; Vas. XII, 13; 
Vi. LXj, 2-3, 23. 

50. Ap. I, 31, 1 ; Vi. LX, 2-3. 



Digitized by 



Google 



IV, 57. HOUSEHOLDER J RULES FOR A SNATAKA. 137 

51. In the shade or in darkness a Brahma»a may, 
both by day and at night, do it, assuming any 
position he pleases ; likewise when his life is in 
danger. 

52. The intellect of (a man) who voids urine 
against a fire, the sun, the moon, in water, against a 
Brahma#a, a cow, or the wind, perishes. 

53. Let him not blow a fire with his mouth; let 
him not look at a naked woman ; let him not throw 
any impure substance into the fire, and let him not 
warm his feet at it. 

54. Let him not place (fire) under (a bed or the 
like) ; nor step over it, nor place it (when he sleeps) 
at the foot-(end of his bed) ; let him not torment 
living creatures. 

55. Let him not eat, nor travel, nor sleep during 
the twilight; let him not scratch the ground; let 
him not take off his garland. 

56. Let him not throw urine or faeces into the 
water, nor saliva, nor (clothes) defiled by impure 
substances, nor any other (impurity), nor blood, nor 
poisonous things. 

57. Let him not sleep alone in a deserted dwell- 
ing ; let him not wake (a superior) who is sleeping ; 
let him not converse with a menstruating woman ; 

52. Medh. and N&r. mention a var. lect. for prativatam, 
' against the wind,' pratisamdhyam, ' in the twilights/ which Nand. 
adopts. 

53. Ap. I, 15, 20-21 ; Gaut. IX, 32 ; Vas. XII, 27 ; Vi. LXXI, 
32-34.37^1^.1, 137. 

54. Vi. LXXI, 36 ; Yifca. 1, 135, *37 ; Gaut. IX, 73. 

55. Vi. LXIII, 8; LXVIII, 12; LXXI, 41, 55. 

56. Ap. I, 30, 19; Vi. LXXI, 35; Ya^». I, 137. 

57. Gaut. IX, 54-55 ; Vas. XII, 42 ; Vi. LXIII, 21 ; LXX, 13 ; 
LXXI, 5 8;Ya*7».I, 138. 



Digitized by 



Google 



138 LAWS OF MANU. IV, 58. 

nor let him go to a sacrifice, if he is not chosen (to 
be officiating priest). 

58. Let him keep his right arm uncovered in a 
place where a sacred fire is kept, in a cow-pen, in 
the presence of Brahma»as, during the private reci- 
tation of the Veda, and at meals. 

59. Let him not interrupt a cow who is suckling 
(her calf), nor tell anybody of it A wise man, if he 
sees a rainbow in the sky, must not point it out to 
anybody. 

60. Let him not dwell in a village where the 
sacred law is not obeyed, nor (stay) long where 
diseases are endemic ; let him not go alone on a 
journey, nor reside long on a mountain. 

61. Let him not dwell in a country where the 
rulers are •Sudras, nor in one which is surrounded 
by unrighteous men, nor in one which has become 
subject to heretics, nor in one swarming with men 
of the lowest castes. 

62. Let him not eat anything from which the oil 
has been extracted ; let him not be a glutton ; let 
him not eat very early (in the morning), nor very 
late (in the evening), nor (take any food) in the 
evening, if he has eaten (his fill) in the morning. 

63. Let him not exert himself without a purpose ; 
let him not drink water out of his joined palms ; let 

58. Baudh. II, 6, 38 ; Vi. LXXI, 60. 

59. Ap. I, 31, 10, 18 ; Gaut. IX, 23 ; Vas. XII, 33 ; Baudh. II, 
6, 11, 17 ; Vi. LXIII, 2 ; LXXI, 62. All the commentators except 
RSgh. explain dhayantim, ' who is suckling (her calf),' by pibantim, 
'who is drinking' (milk or water, see Y&gn. I, 140). 

60-61. Ap. I, 15, 22, 32, 18; Gaut. IX, 65; Baudh. II, 6, 21, 
31 ; Vi. LXXI, 64-68. 

62. Vi. LXVIII, 27, 48; see above, II, 56-57. 

63. Gaut. IX, 9, 50, 56 ; Baudh. II, 6, 5; Vi. LXXI, 69. 



Digitized by 



Google 



IV, 6g. HOUSEHOLDER ; RULES FOR A SNATAKA. 1 39 

him not eat food (placed) in his lap; let him not 
show (idle) curiosity. 

64. Let him not dance, nor sing, nor play musical 
instruments, nor slap (his limbs), nor grind his teeth, 
nor let him make uncouth noises, though he be in a 
passion. 

65. Let him never wash his feet in a vessel of 
white brass ; let him not eat out of a broken 
(earthen) dish, nor out of one that (to judge) from 
its appearance (is) denied. 

66. Let him not use shoes, garments, a sacred 
string, ornaments, a garland, or a water- vessel which 
have been used by others. 

67. Let him not travel with untrained beasts of 
burden, nor with (animals) that are tormented by 
hunger or disease, or whose horns, eyes, and hoofs 
have been injured, or whose tails have been dis- 
figured. 

68. Let him always travel with (beasts) which 
are well broken in, swift, endowed with lucky marks, 
and perfect in colour and form, without urging them 
much with the goad. 

69. The morning sun, the smoke rising from a 
(burning) corpse, and a broken seat must be avoided. 
Let him not clip his nails or hair, and not tear his 
nails with his teeth. 

64. Ap. II, 20, 13; Vi. LXXI, 70-71. Na kshvedet, 'let him 
not grind his teeth,' means according to Nar., ' let him not roar 
like a lion ;' according to Nand., ' let him not snap his fingers.' Na 
spho/aye/, ' he shall not slap (his limbs),' means according to Nand., 
' he shall not make his fingers crack.' 

65. Vi. LXVIII, 20; LXXI, 39. 

66. Vi. LXXI, 47. 67-68. Vi. LXIII, 13-18. 
69. Vi. LXXI, 44, 46; Y&gn. 1, 139. BalitapaA, 'the morning 

sun,' is according to ' some,' mentioned by Nar., and according to 



Digitized by 



Google 



I40 LAWS OF MANU. IV, Jo. 

70. Let him not crush earth or clods, nor tear off 
grass with his nails ; let him not do anything that is 
useless or will have disagreeable results in the 
future. 

71. A man who crushes clods, tears off grass, or 
bites his nails, goes soon to perdition, likewise an 
informer and he who neglects (the rules of) purifi- 
cation. 

72. Let him not wrangle ; let him not wear a 
garland over (his hair). To ride on the back of 
cows (or of oxen) is anyhow a blamable act. 

73. Let him not enter a walled village or house 
except by the gate, and by night let him keep at a 
long distance from the roots of trees. 

74. Let him never play with dice, nor himself take 
off his shoes ; let him not eat, lying on a bed, nor 
what has been placed in his hand or on a seat. 

Righ. 'the sun in the sign of Kany&, or Virgo,' i.e. 'the sun in 
autumn.' The same explanation is mentioned by Nandapawrfita 
in his comment on the parallel passage of Vishwu. It is, however, 
probably wrong : see the Introduction. ' Let him not clip his nails 
or hair,' i. e. ' not himself, but let him employ a barber ' (Medh., 
Gov.), or ' before they have grown long ' (Kull.), or ' except at the 
proper time for clipping ' (Nand.). 

70. Ap. I, 32, 18; Gaut. IX, 51 ; Vi. LXXI, 42-43. 

72. Ap. I, 32, 5 ; Gaut. IX, 32 ; Baudh. II, 69. I read with all the 
commentators ' vigrihya ' instead of the ' vigarhya ' of the editions. 
' Let him not wear a garland over (his dress),' (Medh.), or ' let 
him not wear a garland outside (the house),' or ' one that is not 
fragrant ' (others, Medh.). 

73. Ap. 1, 31, 23 ; Gaut. IX, 32 ; Baudh. 11,6, 13; Y&gn. 1, 140. 

74. Gaut. IX, 32 ; Vas. XII, 36 ; Baudh. II, 6, 6 ; Vi. LXVIII, 
23; Vi. LXXI, 45 ; Ya£m. 1, 138. ' Nor what has been placed in his 
hand,' i.e. ' in his left hand or in a vessel held in that hand ' (NSr.). 
This is no doubt the -best explanation, as Hindus always eat with 
the fingers of the right hand, and the left hand is considered un- 
clean for very good reasons. 



Digitized by 



Google 



N 

- \ 



IV, 8a. HOUSEHOLDER ; RULES FOR A SNATAKA. 

75. Let him not eat after sunset any (food) con- 
taining sesamum grains ; let him never sleep naked, 
nor go anywhere unpurified (after meals). 

76. Let him eat while his feet are (yet) wet (from 
the ablution), but let him not go to bed with wet 
feet. He who eats while his feet are (still) wet, will 
attain long life. 

77. Let him never enter a place, difficult of access, 
which is impervious to his eye ; let him not look at 
urine or ordure, nor cross a river (swimming) with 
his arms. 

78. Let him not step on hair, ashes, bones, pot- 
sherds, cotton-seed or chaff, if he desires long life. 

79. Let him not stay together with outcasts, nor 
with A'awa&las, nor with Pukkasas, nor with fools, 
nor with overbearing men, nor with low-caste men, 
nor with Antyavasayins. 

80. Let him not give to a Sudra advice, nor the 
remnants (of his meal), nor food offered to the gods ; 
nor let him explain the sacred law (to such a man), 
nor impose (upon him) a penance. 

81. For he who explains the sacred law (to a 
.Sudra) or dictates to him a penance, will sink to- 
gether with that (man) into the hell (called) Asa/tf- 
vrita.. 

82. Let him not scratch his head with both hands 

75. Gaut. IX, 60 ; Vi. LXVIII, 29 ; LXXI, 3; see above, II, 56. 

76. Vi. LXVIII, 34; LXX, 1. 

77. Ap. I, 32, 26 ; Gaut. IX, 32 ; Vas. XII, 45 ; Baudh. II, 6, 
26; Vi.LXIII, 46. 

78. Ap. II, 20, 1 1 ; Gaut. IX, 15 ; Baudh. II, 6, 16 ; Y&gii. I, 139. 

79. Regarding the Pukkasas and Antyivasiyins, see below, X, 
18, 39. 

80. Ap. I, 31, 24; Vi. LXXI, 48-52; Vas. XVIII, 14. 

81. Vas. XVIII, 15. 82. Vi. LXXI, 53. 



Digitized by 



Google 



142 LAWS OF MANU. IV, 83. 

joined ; let him not touch it while he is impure, nor 
bathe without (submerging) it. 

83. Let him avoid (in anger) to lay hold of (his 
own or other men's) hair, or to strike (himself or 
others) on the head. When he has bathed (sub- 
merging) his head, he shall not touch any of his 
limbs with oil. 

84. Let him not accept presents from a king who 
is not descended from the Kshatriya race, nor from 
butchers, oil-manufacturers, and publicans, nor from 
those who subsist by the gain of prostitutes. 

85. One oil-press is as (bad) as ten slaughter- 
houses, one tavern as (bad as) ten oil-presses, one 
brothel as (bad as) ten taverns, one king as (bad as) 
ten brothels. 

86. A king is declared to be equal (in wicked- 
ness) to a butcher who keeps a hundred thousand 
slaughter-houses ; to accept presents from him is a 
terrible (crime). 

87. He who accepts presents from an avaricious 
king who acts contrary to the Institutes (of the 
sacred law), will go in succession to the following 
twenty-one hells : 

88. Tamisra, Andhatamisra, Maharaurava, Rau- 
rava, the Kalasutra hell, Mahanaraka, 

89. Samgivana, Mahavl^i, Tapana, Sampratapana, 
Sawghata, Sakakola, Kua&nala, Putimrzttika, 

83. Vi. LXIV, 12. 'When he has bathed (submerging) his 
head' should be according to others (mentioned by Kull. and 
Ragh.) ' when he has anointed his head with oil.' 

84. Y&gn. I, 140. 

85. Ya^w. I, 141. Medh., Gov., N4r., and Nand. say, 'one 
king as bad as ten prostitutes ' (vesyi). 

88-90. Vi. XLIII, 2-22. NSr. and Gov. say expressly that nara- 
kaw kalasutram -4a means ' the Kalasutra hell,' and Nar. that ' Vaita- 



Digitized by 



Google 



IV, 95- VEDA-STUDY. 1 43 

90. Lohasanku, Jtigtsha., Pathin, the (flaming) 
river, iSalmala, Asipatravana, and Loha&Lraka. 

91. Learned Brahma»as, who know that, who 
study the Veda and desire bliss after death, do not 
accept presents from a king. 

92. Let him wake in the muhurta, sacred to 
Brahman, and think of (the acquisition of) spiritual 
merit and wealth, of the bodily fatigue arising there- 
from, and of the true meaning of the Veda. 

93. When he has risen, has relieved the neces- 
sities of nature and carefully purified himself, let 
him stand during the morning twilight, muttering 
for a long time (the Gayatrt), and at the proper time 
(he must similarly perform) the evening (devotion). 

94. By prolonging the twilight devotions, the sages 
obtained long life, wisdom, honour, fame, and excel- 
lence in Vedic knowledge. 

95. Having performed the Upakarman according 
to the prescribed rule on (the full moon of the month) 
.Srava#a, or on that of Praush/yfcapada (Bhadrapada), 

ra»i ' must be understood with nadi, ' the river,' while Gov. speaks 
of a hell called Nadf, ' the river.' The corresponding passage of 
Vish«u shows that the Dipanadt is meant. The editions read 
SawMta instead of SawgMta, £&lmali instead of Salmala, and 
Lohadaraka, which Ragh. has also, instead of Lohadaraka. 

92. Vas. XII, 47; Vi. LX, 1. Kull. and R^gh. say, 'in the 
muhurta, sacred to Brahmt,' or Bharati, the goddess of speech. But 
this explanation is wrong, as the expression prag-apatya muhurta, 
used in other Smr/tis, shows. 

93. Vi. LXXI, 77. 

94. I read with Gov., Nand., and K., avdpnuvan, 'obtained,' 
instead of avSpnuyuA (Medh., Kull., N&r., RSgh.). 

95-97. Ap. I, 9, 1-3, 10, 2 ; Gaut. XVI, 1-2, 40 ; Vas. XIII, 
1-5 ; Baudh. I, 12-16 ; Vi. XXX, 1-2, 24-25 ; Ya^vi. I, 142-144. 

The Upikarman is the solemn opening of the Brahmanical 
school-term, and the Utsar^ana or Utsarga its closing. Their 



Digitized by 



Google 



144 LAWS OF MANU. IV, 96. 

a Brahma#a shall diligently study the Vedas during 
four months and a half. 

96. When the Pushya-day (of the month Pausha), 
or the first day of the bright half of Magha has 
come, a Brahmawa shall perform in the forenoon 
the Utsaigana of the Vedas. 

97. Having performed the Utsarga outside (the 
village), as the Institutes (of the sacred law) pre- 
scribe, he shall stop reading during two days and 
the intervening night, or during that day (of the 
Utsarga) and (the following) night. 

98. Afterwards he shall diligently recite the 
Vedas during the bright (halves of the months), and 
duly study all the Angas of the Vedas during the 
dark fortnights. 

99. Let him not recite (the texts) indistinctly, nor 
in the presence of ^udras ; nor let him, if in the 
latter part of the night he is tired with reciting the 
Veda, go again to sleep. 

100. According to the rule declared above, let 
him recite the daily (portion of the) Mantras, and 
a zealous Brahma«a, (who is) not in distress, (shall 
study) the Brahma«a and the Mantrasa/whita. 

10 1. Let him who studies always avoid (reading) 
on the following occasions when the Veda -study is 

description is found in the Grehya-sutras, e.g. 5inkhiyana IV, 5-6. 
The Pushya-day is the sixth lunar day of each month : .Sravawa, 
July-August; BhSdrapada, August-September; Pausha, December- 
January ; Magha, January-February. 

97. But see below, verse 119. 

98-129. Ap. I, 9, 4-1 1, 38 ; 32, 12-15 ; G aut - !» 58-60 ; XVI, 
5-49 ; Vas. XIII, 6-40; XVIII, 13 ; Baudh. I, 21, 4-22 ; Vi. XXX, 
3-30; Y&gn. I, 144-151- 

100. ' The daily (portion of the) Mantras,' i.e. 'the Gdyatrt and 
other portions of the 2&'£as,Ya£US, and Samans.' 



Digitized by 



Google 



IV, 106. VEDA-STUDY. 1 45 

forbidden, and (let) him who teaches pupils according 
to the prescribed rule (do it likewise). 

102. Those who know the (rules of) recitation 
declare that in the rainy season the Veda-study 
must be stopped on these two (occasions), when the 
wind is audible at night, and when it whirls up the 
dust in the day-time. 

103. Manu has stated, that when lightning, 
thunder, and rain (are observed together), or when 
large fiery meteors fall on all sides, the recitation 
must be interrupted until the same hour (on the next 
day, counting from the occurrence of the event). 

104. When one perceives these (phenomena) all 
together (in the twilight), after the sacred fires have 
been made to blaze (for the performance of the 
Agnihotra), then one must know the recitation of 
the Veda to be forbidden, and also when clouds 
appear out of season. 

105. On (the occasion of) a preternatural sound 
from the sky, (of) an earthquake, and when the 
lights of heaven are surrounded by a halo, let him 
know that (the Veda-study must be) stopped until 
the same hour (on the next day), even if (these phe- 
nomena happen) in the (rainy) season. 

106. But when lightning and the roar of thunder 
(are observed) after the sacred fires have been made 
to blaze, the stoppage shall last as long as the light 
(of the sun or of the stars is visible) ; if the remain- 
ing (above-named phenomenon, rain, occurs, the 
reading shall cease), both in the day-time and at 
night. 

105. Medh. proposes as another explanation of^yotisha/rc lopa- 
saiyane, ' when the heavenly lights trouble each other,' i. e. obscure 
each other, and Nir., Kull., and Ragh. refer the phrase to eclipses. 

05] L 



Digitized by 



Google 



I46 LAWS OF MANU. IV, 107. 

107. For those who wish to acquire exceedingly 
great merit, a continual interruption of the Veda- 
study (is prescribed) in villages and in towns, and 
(the Veda-study must) always (cease) when any kind 
of foul smell (is perceptible). 

108. In a village where a corpse lies, in the pre- 
sence of a (man who lives as unrighteously as a) 
Sudra, while (the sound of) weeping (is heard), and 
in a crowd of men the (recitation of the Veda must 
be) stopped. 

109. In water, during the middle part of the 
night, while he voids excrements, or is impure, 
and after he has partaken of a funeral dinner, 
a man must not even think in his heart (of the 
sacred texts). 

no. A learned Brahma»a shall not recite the 
Veda during three days, when he has accepted an 
invitation to a (funeral rite) in honour of one ancestor 
(ekoddish/a), or when the king has become impure 
through a birth or death in his family (sutaka), or 
when Rahu by an eclipse makes the moon impure. 

in. As long as the smell and the stains of the 
(food given) in honour of one ancestor remain on 
the body of a learned Brihma»a, so long he. must 
not recite the Veda. 

H2. While lying on a bed, while his feet are 
raised (on a bench), while he sits on his hams with 
a cloth tied round his knees, let him not study, nor 
when he has eaten meat or food given by a person 
impure on account of a birth or a death, 

107. With respect to this verse, see especially Baudh. II, 6,33-34. 
109. Medh. mentions a var. lect udaye, ' at sunrise,' for udake, 
' in water.' 

no. Eclipses of the sun are of course included. 



Digitized by 



Google 



IV, Il8. VEDA-STUDY. 147 

113. Nor during a fog, nor while the sound of 
arrows is audible, nor during both the twilights, nor 
on the new-moon day, nor on the fourteenth and 
the eighth (days of each half-month), nor on the full- 
moon day. 

1 14. The new-moon day destroys the teacher, the 
fourteenth (day) the pupil, the eighth and the full- 
moon days (destroy all remembrance of) the Veda ; 
let him therefore avoid (reading on) those (days). 

115. A Brahma#a shall not recite (the Veda) 
during a dust-storm, nor while the sky is preter- 
naturally red, nor while jackals howl, nor while the 
barking of dogs, the braying of donkeys, or the 
grunting of camels (is heard), nor while (he is seated) 
in a company. 

116. Let him not study near a burial-ground, nor 
near a village, nor in a cow-pen, nor dressed in a 
garment which he wore during conjugal intercourse, 
nor after receiving a present at a funeral sacrifice. 

117. Be it an animal or a thing inanimate, what- 
ever be the (gift) at a .Sraddha, let him not, having 
just accepted it, recite the Veda ; for the hand of a 
Brahma«a is his mouth. 

118. When the village has been beset by robbers, 
and when an alarm has been raised by fire, let him 
know that (the Veda-study must be) interrupted 
until the same hour (on the next day), and on (the 
occurrence of) all portents. 

113. Va«a, ' arrows,' may also mean ' a large lute.' 
115. Panktau.'in a company ' (Gov., Kull., Nar., 'others'), means 
according to Medh., N£r., and Rdgh.' in the midst of dogs, donkeys, 
or camels.' Nar. mentions a third explanation, ' in the company 
of unworthy persons' (apanktya). 

117. I.e. it is as sinful to recite the Veda after accepting a pre- 
sent at a Sraddha, as to study after partaking of a funeral dinner. 

L 2 



Digitized by 



Google 



148 LAWS OF MANU. IV, lip. 

119. On (the occasion of) the Upakarman and 
(of) the Vedotsarga an omission (of the Veda-study) 
for three days has been prescribed, but on the 
Ash/akas and on the last nights of the seasons for 
a day and a night. 

1 20. Let him not recite the Veda on horseback, 
nor on a tree, nor on an elephant, nor in a boat (or 
ship), nor on a donkey, nor on a camel, nor standing 
on barren ground, nor riding in a carriage, 

121. Nor during a verbal altercation, nor during 
a mutual assault, nor in a camp, nor during a 
battle, nor when he has just eaten, nor during an 
indigestion, nor after vomiting, nor with sour 
eructations, 

122. Nor without receiving permission from a 
guest (who stays in his house), nor while the wind 
blows vehemently, nor while blood flows from his 

• body, nor when he is wounded by a weapon. 

123. Let him never recite the i?«g-veda or the 
Ya^ur-veda while the Saman (melodies) are heard ; 
(let him stop all Veda-study for a day and a 
night) after finishing a Veda or after reciting an 
Arawyaka. 

124. The JZig-veda. is declared to be sacred to 
the gods, the Ya^ur-veda sacred to men, and the 
Sama-veda sacred to the manes ; hence the sound of 
the latter is impure (as it were). 

119. The Ash/akSs are the three or four days for the Ash/aka" 
.Sraddhas, which are placed differently by different writers ; see 
Weber, Die Nakshatras II, 337. 

iai. NSr. interprets na vivSde na kalahe by 'neither during a 
dispute on legal matters nor during an altercation.' 

124. 'Is impure (as it were),' i.e. 'it is not really impure, but 
when it is heard, one must not study, just as in the presence of 
some impure thing or person' (Medh.). 



Digitized by 



Google 



IV, 130. VEDA-STUDY ; RULES FOR A SNATAKA. 1 49 

125. Knowing this, the learned daily repeat first 
in due order the essence of the three (Vedas) and 
afterwards the (text of the) Veda. 

126. Know that (the Veda-study must be) inter- 
rupted for a day and a night, when cattle, a frog, 
a cat, a dog, a snake, an ichneumon, or a rat pass 
between (the teacher and his pupil). 

127. Let a twice-born man always carefully inter- 
rupt the Veda-study on two (occasions, viz.) when 
the place where he recites is impure, and when he 
himself is unpurified. 

128. A twice-born man who is a Snataka shall 
remain chaste on the new-moon day, on the eighth 
(lunar day of each half-month), on the full-moon day, 
and on the fourteenth, even (if they fall) in the period 
(proper for conjugal intercourse). 

129. Let him not bathe (immediately) after a 
meal, nor when he is sick, nor in the middle of the^ 
night, nor frequently dressed in all his garments, 
nor in a pool which he does not perfectly know. 

130. Let him not intentionally step on the shadow 
of (images of) the gods, of a Guru, of a king, of a 
Snataka, of his teacher, of a reddish-brown animal, 
or of one who has been initiated to the performance 
of a 6rauta sacrifice (Dlkshita). 

125. ' The essence of three (Vedas),' i.e. the syllable Om and the 
G&yatrf ; see above, II, 76-77. 

128. Vi. LXIX, 1; Vas. XII, 21. According to others, quoted 
by Medh., the word brahmaHri translated by 'chaste' indicates 
that a Sndtaka must also in other respects behave like a student. 
Medh. thinks it possible that the abstention from honey and meat 
may also be indicated. 

129. Ap. I, 32, 8 ; Baudh. II, 6, 25 ; Vi. LXIV, 3-4, 6. « Not 
frequently,' i.e. ' only for particular reasons, such as being touched 
byaATaWala.' 

130. Yigii. I, 152; Vi. LXIII, 40. Babhru, 'a reddish-brown 



Digitized by 



Google 



150 LAWS OF MANU. IV, 131. 

131. At midday and at midnight, after partaking 
of meat at a funeral dinner, and in the two twilights 
let him not stay long on a cross-road. 

132. Let him not step intentionally on things 
used for cleansing the body, on water used for a 
bath, on urine or ordure, on blood, on mucus, and 
on anything spat out or vomited. 

133. Let him not show particular attention to an 
enemy, to the friend of an enemy, to a wicked man, 
to a thief, or to the wife of another man. 

1 34. For in this world there is nothing so detri- 
mental to long life as criminal conversation with 
another man's wife. 

135. Let him who desires prosperity, indeed, 
never despise a Kshatriya, a snake, and a learned 
Brahma«a, be they ever so feeble. 

1 36. Because these three, when treated with dis- 
respect, may utterly destroy him ; hence a wise man 
must never despise them. 

137. Let him not despise himself on account of 
former failures ; until death let him seek fortune, 
nor despair of gaining it. 

1 38. Let him say what is true, let him say what 
is pleasing, let him utter no disagreeable truth, and 
let him utter no agreeable falsehood ; that is the 
eternal law. 

animal,' is not clearly explained by Gov., Kull., and RSgh. Medh. 
thinks that 'a brown cow' or 'the Soma creeper' may be meant. 
Nand. adopts the former view, and Ndr. explains it by ' a brown 
creature.' 

132. Vi. LXIII, 41; Ya£w. 1, 152. Apasndnam, ' water used for 
a bath,' means according to Nar. and Nand. ' water used for wash- 
ing a corpse.' 

I3S-I36- Ya^». 1, 153. 137. Vi. LXXI, 76; Yi^fi. 1, 153. 

138. Gaut. IX, 68; Vi. LXXI, 73-74; Y&gn. 1, 132. 



Digitized by 



Google 



IV, 145- RULES FOR A SNATAKA. 151 

139. (What is) well, let him call well, or let him 
say 'well ' only ; let him not engage in a useless 
enmity or dispute with anybody. 

140. Let him not journey too early in the 
morning, nor too late in the evening, nor just during 
the midday (heat), nor with an unknown (com- 
panion), nor alone, nor with .Sudras. 

141. Let him not insult those who have re- 
dundant limbs or are deficient in limbs, nor those 
destitute of knowledge, nor very aged men, nor 
those who have no beauty or wealth, nor those who 
are of low birth. 

142. A Brahma#a who is impure must not touch 
with his hand a cow, a Brihma«a, or fire; nor, 
being in good health, let him look at the luminaries 
in the sky, while he is impure. 

143. If he has touched these, while impure, let 
him always sprinkle with his hand water on the 
organs of sensation, all his limbs, and the navel. 

144. Except when sick he must not touch the 
cavities (of the body) without a reason, and he must 
avoid (to touch) the hair on the secret (parts). 

145. Let him eagerly follow the (customs which 
are) auspicious and the rule of good conduct, be 
careful of purity, and control all his organs, let him 
mutter (prayers) and, untired, daily offer oblations in 
the fire. 

139. Ap. I, 32, 11-14 ; Gaut. IX, 19-20 ; Vi. LXXI, 57; Ya^fi. 
1, 132 ; Gaut IX, 32. ' Only,' i.e. even if things go wrong. I follow 
Nar.'s explanation, which is the only correct one : bhadraw vastuto 
ya&Mobhanaw 1 bhadram ity eva va 'bhadram api, ' (let him call) 
well what is really well ; or (let him call) well even that which is 
not well.' 

140. Baudh. II, 6, 22-23 ; v >- LXIII, 4, 6-7, 9. 

141. Vi. LXXI, 2. 142. Ya^Ji. 1, 155. 144- Vi. LXXI, 79. 



Digitized by 



Google 



152 LAWS OF MANU. TV, 146. 

146. No calamity happens to those who eagerly 
follow auspicious customs and the rule of good con- 
duct, to those who are always careful of purity, and 
to those who mutter (sacred texts) and offer burnt- 
oblations. 

147. Let him, without tiring, daily mutter the 
Veda at the proper time ; for they declare that to be 
one's highest duty; (all) other (observances) are 
called secondary duties. 

148. By daily reciting the Veda, by (the observance 
of the rules of) purification, by (practising) austeri- 
ties, and by doing no injury to created beings, one 
(obtains the faculty of) remembering former births. 

149. He who, recollecting his former existences, 
again recites the Veda, gains endless bliss by the 
continual study of the Veda. 

150. Let him always offer on the Parva-days ob- 
lations to Savitr? and such as avert evil omens, and 
on the Ash/akas and Anvash/akas let him constantly 
worship the manes. 

151. Far from his dwelling let him remove urine 
(and ordure), far (let him remove) the water used 
for washing his feet, and far the remnants of food 
and the water from his bath. 

152. Early in the morning only let him void 

146. Vas. XXVI, 14. 147. Gaut. IX, 72. 

150. Vi. LXXI, 86. Nand. reads savitryS, ' with the Slvitrl,' for 
savitran, ' to Savitrs',' and Nar. has the same explanation. 

151. Ap. I, 31, 2-3; Gaut. IX, 39; YSgti. I, 153. Avasatha, 
' his dwelling,' means according to Kull. ' the room where the fires 
are kept.' Kull. explains nishekam, 'the water from his bath,' by 
* seminal impurity.' Gov. and Nar. read uiMish/annanishekaw 4a, 
and explain nisheka by tydga, ' throwing away.' 

152. According to Medh.,' others' explained maitram,' defecation,' 
by ' friendly service,' or by ' the worship of Mitra.' 



Digitized by 



Google 



IV, i59' RULES FOR A SNATAKA. 1 53 

faeces, decorate (his body), bathe, clean his teeth, 
apply collyrium to his eyes, and worship the gods. 

153. But on the Parva-days let him go to visit 
the (images of the) gods, and virtuous Brahma#as, 
and the ruler (of the country), for the sake of pro- 
tection, as well as his Gurus. 

154. Let him reverentially salute venerable men 
(who visit him), give them his own seat, let him 
sit near them with joined hands and, when they 
leave, (accompany them), walking behind them. 

155. Let him, untired, follow the conduct of vir- 
tuous men, connected with his occupations, which 
has been fully declared in the revealed texts and in 
the sacred tradition (Smriti) and is the root of the 
sacred law. 

156. Through virtuous conduct he obtains long 
life, through virtuous conduct desirable offspring, 
through virtuous conduct imperishable wealth ; vir- 
tuous conduct destroys (the effect of) inauspicious 
marks. 

157. For a man of bad conduct is blamed among 
people, constantly suffers misfortunes, is afflicted 
with diseases, and short-lived. 

158. A man who follows the conduct of the vir- 
tuous, has faith and is free from envy, lives a 
hundred years, though he be entirely destitute of 
auspicious marks. 

159. Let him carefully avoid all undertakings 
(the success of) which depends on others ; but let 



I 53- Ap. I, 31, a 1-2 2. Medh. omits verses 153-158. 
154. Baudh. II, 6, 35. 155. Vas. LXXI, 90 ; Ya£». 1, 154. 
156. Vas. VI, 7; Vi. LXXI, 91. 157. Vas. VI, 6. 

158. Vas. VI, 8; Vi. LXXI, 92. 



Digitized by 



Google 



154 LAW S OF MANU. IV, 160. 

him eagerly pursue that (the accomplishment of) 
which depends on himself. 

1 60. Everything that depends on others (gives) 
pain, everything that depends on oneself (gives) 
pleasure; know that this is the short definition of 
pleasure and pain. 

161. When the performance of an act gladdens 
his heart, let him perform it with diligence ; but let 
him avoid the opposite. 

162. Let him never offend the teacher who in- 
itiated him, nor him who explained the Veda, nor 
his father and mother, nor (any other) Guru, nor 
cows, nor Brahma#as, nor any men performing 
austerities. 

163. Let him avoid atheism, cavilling at the 
Vedas, contempt of the gods, hatred, want of 
modesty, pride, anger, and harshness. 

164. Let him, when angry, not raise a stick against 
another man, nor strike (anybody) except a son or a 
pupil ; those two he may beat in order to correct 
them. 



161. This rule refers to indifferent acts or cases where there is 
an option ; see above, II, 1 2. 

162. YSgri. I, 157-158. Na hiwsyit, 'let him never offend' 
(Medh., Kull., Nir., Nand.), means according to Gov. 'let him 
never injure them, though they attempt his life, when self-defence is 
permitted' (see VIII, 350). TapasvinaA means according to Medh. 
and Gov. 'all those engaged in the performance of austerities,' 
e.g. even sinners who perform penances (Medh.), while the other 
commentators understand it to denote ' ascetics.' 

163. Ap. I, 30, 25; Vas. XIII, 41; Vi. LXXI, 83. I read with 
all the commentators instead of dambham, 'hypocrisy,' stam- 
bham, which according to Medh., Gov., and N£r. means ' want of 
modesty,' and according to Kull. ' want of energy in the fulfilment 
of duties.' 

164. Vi. LXXI, 81-82. See also below, VIII, 299-300. 



Digitized by 



Google 



IV, 172. RULES FOR A SNATAKA. 1 55 

165. A twice-born man who has merely threat- 
ened a Brahmawa with the intention of (doing him) 
a corporal injury, will wander about for a hundred 
years in the Tamisra hell. 

166. Having intentionally struck him in anger, 
even with a blade of grass, he will be born during 
twenty-one existences in the wombs (of such beings 
where men are born in punishment of their) sins. 

167. A man who in his folly caused blood to flow 
from the body of a Brahmawa who does not attack 
him, will suffer after death exceedingly great pain. 

168. As many particles of dust as the blood takes 
up from the ground, during so many years the spiller 
of the blood will be devoured by other (animals) in 
the next world. 

169. A wise man should therefore never threaten 
a Brahmawa, nor strike him even with a blade of 
grass, nor cause his blood to flow. 

170. Neither a man who (lives) unrighteously, nor 
he who (acquires) wealth (by telling) falsehoods, nor 
he who always delights in doing injury, ever attain 
happiness in this world. 

171. Let him, though suffering in consequence of 
his righteousness, never turn his heart to unrighte- 
ousness ; for he will see the speedy overthrow of 
unrighteous, wicked men. 

172. Unrighteousness, practised in this world, 
does not at once produce its fruit, like a cow ; but, 
advancing slowly, it cuts off the roots of him who 
committed it. 



165-167. Gaut. XXI, 20-22; M&gft. 1, 155. 
172. 'Like a cow,' i.e. 'which at once yields benefits by its 
milk, &c.'(Gov., Nar., Nand.). Medh., Kull., and Ragh. take gauA 



Digitized by 



Google 



156 LAWS OF MANU. IV, 173. 

173. If (the punishment falls) not on (the offender) 
himself, (it falls) on his sons, if not on the sons, (at 
least) on his grandsons ; but an iniquity (once) com- 
mitted, never fails to produce fruit to him who 
wrought it. 

174. He prospers for a while through unrighte- 
ousness, then he gains great good fortune, next he 
conquers his enemies, but (at last) he perishes 
(branch and) root 

175. Let him always delight in truthfulness, (obe- 
dience to) the sacred law, conduct worthy of an 
Aryan, and purity ; let him chastise his pupils accord- 
ing to the sacred law ; let him keep his speech, his 
arms, and his belly under control. 

176. Let him avoid (the acquisition of) wealth 
and (the gratification of his) desires, if they are 
opposed to the sacred law, and even lawful acts 
which may cause pain in the future or are offensive 
to men. 

1 7 7. Let him not be uselessly active with his hands 
and feet, or with his eyes, nor crooked (in his ways), 
nor talk idly, nor injure others by deeds or even 
think of it. 

178. Let him walk in that path of holy men 

in its other sense, ' the earth,' i.e. ' which does not at once yield a 
harvest,' but mention the first explanation too. It is not impossible 
that the word has to be taken both ways, and that the author wishes 
to give with it both a sSdharmya and a vaidharmyadrtsh/tnta. 

175. Gaut. IX, 50, 68-69. 

176. Gaut IX, 47, 73 ; Vi. LXXI, 84-85; Y&gii. 1, 156. As*n 
example of ' a lawful act causing pain in the future,' Medh. adduces 
' the gift of one's whole property.' 

177. The last portion of the verse, 'nor injure others, &c.,' may 
also be translated, ' let him not be intent on deeds (calculated) to 
injure others.' 



Digitized by 



Google 



IV, 184. RULES FOR A SNATAKA. 1 57 

which his fathers and his grandfathers followed; 
while he walks in that, he will not suffer harm. 

1 79. With an officiating or a domestic priest, with 
a teacher, with a maternal uncle, a guest and a de- 
pendant, with infants, aged and sick men, with 
learned men, with his paternal relatives, connexions 
by marriage and maternal relatives, 

180. With his father and his mother, with female 
relatives, with a brother, with his son and his wife, 
with his daughter and with his slaves, let him not 
have quarrels. 

181. If he avoids quarrels with these persons, he 
will be freed from all sins, and by suppressing (all) 
such (quarrels) a householder conquers all the fol- 
lowing worlds. 

182. The teacher is the lord of the world of 
Brahman, the father has power over the world of 
the Lord of created beings (Prafapati), a guest rules 
over the world of Indra, and the priests over the 
world of the gods. 

183. The female relatives (have power) over the 
world of the Apsarases, the maternal relatives over 
that of the Visve Devas, the connexions by marriage 
over that of the waters, the mother and the maternal 
uncle over the earth. 

184. Infants, aged, poor and sick men must be 
considered as rulers of the middle sphere, the eldest 

179-184. Y&gfi. I, 157-158. 

179. VaidyaiA, 'with learned men,' may also mean 'with 
physicians.' 

181. Instead of etair gitais in, ' by suppressing (all) such (quarrels),' 
(Medh., Gov., Kull., Ragh.), Nar. and Nand. read etair gitas kz, 
'allowing himself to be conquered by these,' i.e. 'by bearing with 
these persons.' This reading, though less well attested than the 
vulgata, is perhaps preferable. 



Digitized by 



Google 



158 LAWS OF MANU. IV, 185. 

brother as equal to one's father, one's wife and one's 
son as one's own body, 

185. One's slaves as one's shadow, one's daughter 
as the highest object of tenderness ; hence if one is 
offended by (any one of) these, one must bear it 
without resentment. 

186. Though (by his learning and sanctity) he 
may be entitled to accept presents, let him not 
attach himself (too much) to that (habit); for through 
his accepting (many) presents the divine light in him 
is soon extinguished. 

187. Without a full knowledge of the rules, pre- 
scribed by the sacred law for the acceptance of 
presents, a wise man should not take anything, even 
though he may pine with hunger. 

188. But an ignorant (man) who accepts gold, 
land, a horse, a cow, food, a dress, sesamum-grains, 
(or) clarified butter, is reduced to ashes like (a piece 
of) wood. 

189. Gold and food destroy his longevity, land 
and a cow his body, a horse his eye(sight), a gar- 
ment his skin, clarified butter his energy, sesamum- 
grains his offspring. 

190. A Brahma«a who neither performs austerities 
nor studies the Veda, yet delights in accepting gifts, 
sinks with the (donor into hell), just as (he who 
attempts to cross over in) a boat made of stone (is 
submerged) in the water. 

191. Hence an ignorant (man) should be afraid of 
accepting any presents ; for by reason of a very small 
(gift) even a fool sinks (into hell) as a cow into a 
morass. 

186. Vi. LVII, 6-7. 187. Vi. LVII, 8. 

188. Y&gn. I, 201. 191. YSgii. I, 202. 



Digitized by 



Google 



IV, 198. RULES FOR A SNATAKA. 1 59 

192. (A man) who knows the law should not offer 
even water to a Brahma#a who acts like a cat, nor 
to a Brahma#a who acts like a heron, nor to one 
who is unacquainted with the Veda. 

193. For property, though earned in accordance 
with prescribed rules, which is given to these three 
(persons), causes in the next world misery both to 
the giver and to the recipient. 

194. As he who (attempts to) cross water in a 
boat of stone sinks (to the bottom), even so an igno- 
rant donor and an ignorant donee sink low. 

195. (A man) who, ever covetous, displays the 
flag of virtue, (who is) a hypocrite, a deceiver of the 
people, intent on doing injury, (and) a detractor 
(from the merits) of all men, one must know to be 
one who acts like a cat. 

196. That Brahmawa, who with downcast look, of 
a cruel disposition, is solely intent on attaining his 
own ends, dishonest and falsely gentle, is one who 
acts like a heron. 

197. Those Brahmawas who act like herons, and 
those who display the characteristics of cats, fall in 
consequence of that wicked mode of acting into (the 
hell called) Andhatamisra. 

198. When he has committed a sin, let him not 

192. Vi. XCIII, 7. 195. Vi. XCIII, 8. 

196-200. Vi. XCIII, 9-13. 

196. I have everywhere translated the word baka or vaka by 
' heron,' though, like its modern representative bagla, it is used also 
as a name of the white ibis and of the bittern. But from other verses, 
which speak of the baka cautiously wading in the water as if it 
were afraid of hurting the aquatic animals, it would seem that the 
proceedings of the heron, which one can watch in India at every 
village tank, gave rise to the proverbial expressions bakavrata and 
bakavratin. 

198. Several penances, e.g. the ifandrayawa or the lunar penance, 



Digitized by 



Google 



l60 LAWS OF MANU. TV, 199. 

perform a penance under the pretence (that the act 
is intended to gain) spiritual merit, (thus) hiding his 
sin under (the pretext of) a vow and deceiving women 
and 6udras. 

199. Such Brahma«as are reprehended after death 
and in this (life) by those who expound the Veda, 
and a vow, performed under a false pretence, goes 
to the Rakshasas. 

200. He who, without being a student, gains his 
livelihood by (wearing) the dress of a student, takes 
upon himself the guilt of (all) students and is born 
again in the womb of an animal. 

201. Let him never bathe in tanks belonging to 
other men ; if he bathes (in such a one), he is tainted 
by a portion of the guilt of him who made the tank. 

202. He who uses without permission a carriage, 
a bed, a seat, a well, a garden or a house belonging 
to an(other man), takes upon himself one fourth of 
(the owner's) guilt. 

203. Let him always bathe in rivers, in ponds, 
dug by the gods (themselves), in lakes, and in water- 
holes or springs. 

204. A wise man should constantly discharge the 
paramount duties (called yama), but not always the 
minor ones (called niyama) ; for he who does not 

may be performed either by a sinner in order to atone for a crime 
or by a guiltless man in order to gain spiritual merit ; see Baudh. 
Ill, 8, 27-31. 

201. Vi. LXIV, 1; Y4#». 1, 159; Baudh. II, 5, 6. 

202. Ya^n. I, 160; Baudh. II, 6, 29. 

203. Vi. LXIV, 16; Y%tj. I, 159. Garta, 'water-holes' (Gov., 
NSr.), means according to Kull., who quotes a verse of the Ktexi- 
dogya-parirish/a, Nand., and Ragh., ' a brook.' 

204. Regarding the two classes of duties, see Yigii. Ill, 313- 
314. Though the commentators give various explanations of yama 



Digitized by 



Google 



IV, 2io. RULES FOR A SNATAKA. l6l 

discharge the former, while he obeys the latter alone, 
becomes an outcast. 

205. A Brahma«a must never eat (a dinner given) 
at a sacrifice that is offered by one who is not a 
.Srotriya, by one who sacrifices for a multitude of 
men, by a woman, or by a eunuch. 

206. When those persons offer sacrificial viands 
in the fire, it is unlucky for holy (men) and it dis- 
pleases the gods ; let him therefore avoid it. 

207. Let him never eat (food given) by intoxi- 
cated, angry, or sick (men), nor that in which hair 
or insects are found, nor what has been touched 
intentionally with the foot, 

208. Nor that at which the slayer of a learned 
Brahmawa has looked, nor that which has been 
touched by a menstruating woman, nor that which 
has been pecked at by birds or touched by a dog, 

209. Nor food at which a cow has smelt, nor par- 
ticularly that which has been offered by an invitation 
to all comers, nor that (given) by a multitude or by 
harlots, nor that which is declared to be bad by a 
learned (man), 

210. Nor the food (given) by a thief, a musician, 
a carpenter, a usurer, one who has been initiated 
(for the performance of a .Srauta sacrifice), a miser, 
one bound with fetters, 

and niyama, it is highly probable that Kull. is right in supposing 
Manu to have held the same opinion as Yngn. 

205. Nar. mentions a var. lect. xudre/ta, ' by a Sudra,' for ' by 
a eunuch.' 

209. Gov. and Kull. give as an instance of ' a multitude,' ' a fra- 
ternity of Brahmawas inhabiting a monastery.' 

210. I translate baddhasya niga</asya £a according to Kull. by 
' one bound with fetters,' because in the older Sanskrit the genitive 
is occasionally used for the instrumental with passive perfect parti- 

[25] M 



Digitized by 



Google 



l62 LAWS OF MANU. IV, an. 

211. By one accused of a mortal sin (Abhwasta), 
a hermaphrodite, an unchaste woman, or a hypocrite, 
nor (any sweet thing) that has turned sour, nor what 
has been kept a whole night, nor (the food) of a 
.Sudra, nor the leavings (of another man), 

212. Nor (the food given) by a physician, a hunter, 
a cruel man, one who eats the fragments (of another's 
meal), nor the food of an Ugra, nor that prepared 
for a woman in childbed, nor that (given at a dinner) 
where (a guest rises) prematurely (and) sips water, 
nor that (given by a woman) whose ten days of im- 
purity have not elapsed, 

213. Nor (food) given without due respect, nor 
(that which contains) meat eaten for no sacred pur- 
pose, nor (that given) by a female who has no male 
(relatives), nor the food of an enemy, nor that (given) 
by the lord of a town, nor that (given) by outcasts, 
nor that on which anybody has sneezed ; 



ciples, and because niga</a does not mean ' bound with fetters,' as 
the other commentators assume. Nand. adds that the correct 
reading is nigalena, which is found in some southern MSS. 

211. Sfklrasyo^ish/am eva ^a, 'nor (the food) of a Sudra, nor 
the leavings (of any other man),' (Kull., N4r.) ; or, 'the leavings of 
a Sudra,' which are mentioned in order to show that a very heavy 
penance has to be performed (Medh., R&gh.) ; or, * that food of 
which a Sudra has eaten, and has left a remnant in the dish' 
(Gov., Nand., Medh., ' others'). Medh. mentions also a var. lect 
u&Wish/am aguros tatha, ' nor the leavings of any man excepting 
a Guru.' 

212. Ugra is explained variously as ' a man of the Ugra caste' 
(Medh., Gov., N&., Nand., Righ.); or, 'a king' (Medh., Gov. in 
the Mawgart); or, 'a man who perpetrates dreadful deeds' (Kull., 
Ragh.). 

213. Kull. and Gov. seem to take nagaryannam, ' food given by 
the lord of a town,' i.e. a king (Medh., Nir., R&gh.), in the sense of 
nagarinnam, ' food given by a whole town.' 



Digitized by 



Google 



IV, aai. RULES FOR A SNATAKA. 163 

214. Nor the food (given) by an informer, by one 
who habitually tells falsehoods, or by one who sells 
(the rewards for) sacrifices, nor the food (given) by 
an actor, a tailor, or an ungrateful (man), 

215. By a blacksmith, a Nishada, a stage-player, 
a goldsmith, a basket-maker, or a dealer in weapons, 

216. By trainers of hunting dogs, publicans, a 
washerman, a dyer, a pitiless (man), and a man in 
whose house (lives) a paramour (of his wife), 

217. Nor (the food given) by those who knowingly 
bear with paramours (of their wives), and by those 
who in all matters are ruled by women, nor food 
(given by men) whose ten days of impurity on 
account of a death have not passed, nor that which 
is unpalatable. 

218. The food of a king impairs his vigour, the 
food of a .Sudra his excellence in sacred learning, 
the food of a goldsmith his longevity, that of a 
leather-cutter his fame ; 

219. The food of an artisan destroys his offspring, 
that of a washerman his (bodily) strength ; the food 
of a multitude and of harlots excludes him from (the 
higher) worlds. 

220. The food of a physician (is as vile as) pus, 
that of an unchaste woman (equal to) semen, that 
of a usurer (as vile as) ordure, and that of a dealer 
in weapons (as bad as) dirt. 

221. The food of those other persons who have 

215. According to ' others,' quoted by Medh., Nand., and Righ., 
jailusha, ' an actor,' may also mean ' one who prostitutes his wife.' 

2 1 6. Nmafflsa, 'a pitiless man' (Medh., Gov., Kull., Nand., 
R&gh.), may also mean ' a bard' (Medh., NSr., R&gh.). 

220. I.e. it causes him to be reborn as an animal feeding on pus 
or other impure substances (Gov.). 

M 2 



Digitized by 



Google 



164 LAWS OF MANU. IV, 222. 

been successively enumerated as such whose food 
must not be eaten, the wise declare (to be as impure 
as) skin, bones, and hair. 

222. If he has unwittingly eaten the food of one 
of those, (he must) fast for three days ; if he has 
eaten it intentionally, or (has swallowed) semen, 
ordure, or urine, he must perform a KrzMAra. 
penance. 

223. A Brahmawa who knows (the law) must 
not eat cooked food (given) by a .Sudra who 
performs no .Sraddhas ; but, on failure of (other) 
means of subsistence, he may accept raw (grain), 
sufficient for one night (and day). 

224. The gods, having considered (the respective 
merits) of a niggardly .Srotriya and of a liberal 
usurer, declared the food of both to be equal (in 
quality). 

225. The Lord of created beings (Pra^apati) came 
and spake to them, ' Do not make that equal, which 
is unequal. The food of that liberal (usurer) is 
purified by faith ; (that of the) other (man) is 
defiled by a want of faith.' 

226. Let him, without tiring, always offer sacri- 
fices and perform works of charity with faith ; for 
offerings and charitable works made with faith 
and with lawfully-earned money, (procure) endless 
rewards. 

227. Let him always practise, according to his 

222. Gaut. XXIII, 23-24. Regarding the KrikMra penance, 
see below, XI, an. 

224. Nar. explains axraddhinaA, ' who performs no .Sraddhas,' by 
' destitute of faith,' and Nand. writes arraddhinaA. 

224-225. Baudh. 1, 10, 5; Vas. XIV, 17. 

226-227. Gov. gives and explains 226a and 227b only. 



Digitized by 



Google 



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 (arva) a place in the 
world of the Asvins, a giver of a draught-ox great 
good fortune, a giver of a cow the world of the sun ; 

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; YZgii. 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 Kull.'s explanation, 
which is mentioned by Medh. also. 



Digitized by 



Google 



1 66 LAWS OF MANU. IV, 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»as, 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 



Digitized by 



Google 



IV, 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 .Sudra. 

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, Kara grass, perfumes, 

247. Ap. I, 18, 1; Gaut. XVII, 5 ; Vas. XIV, 12 ; Vi. LVII, 11. 

248. Ap. I, io, 12-14; Vas. XIV, 16 ; Vi. LVII, 1 1 ; Y&gn. I, 215. 
Medh., Gov., and Nar. take aprafoditam, ' not asked for or pro- 
mised,' in the sense of 'not promised' only, and so does Nand., 
who reads apraveditam. 

249. Ap. 1, 19, 14 ; Vas. XIV, 18 ; Vi. LVII, 12. 

250. Gaut. XVII, 5; Vas. XIV, 12 ; Vi. LVII, 11; Ya^n. 1, 214. 



Digitized by 



Google 



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 
good men alone. 

253. His labourer in tillage, a friend of his family, 
his cow-herd, his slave, and his barber are, among 
.Sudras, those whose food he may eat, likewise (a 
poor man) who offers himself (to be his slave). 

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. I, 7, 20; Gaut. XVII, 4; Vas. XIV, 13; Vi. LVII, 
13; Yagii. 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 
identity. 



Digitized by 



Google 



V, a. 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 Brahmawa 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#a who, being learned in the lore 
of the Vedas, conducts himself in this manner and 
daily destroys his sins, will be exalted in Brahman's 
world. 

Chapter V. 

1. The sages, having heard the duties of a Snataka 
thus declared, spoke to great-souled Bhrigu, who 
sprang from fire : 

2. ' How can Death have power over Brahma#as 



257. Regarding the three debts, see Vas. XI, 48. This verse and 
the next describe, as Medh. points out, a kind of informal sa«- 
nyasa. 

260. Vas. VIII, 17 ; Baudh. II, 3, 1 ; Gaut. IX, 74. 

V. 1. Medh., Gov., and RSgh. state correctly that Bhr/'gu, though 
above, I, 35, he is said to have been created by Manu, and has there- 
fore been named Manava below, V, 3, is here called the offspring of 
Fire, in accordance with other passages of the Veda and of the 
Mahabharata. 

2. I.e. 'how can they be deprived of the length of life, one 
hundred years, allotted to men in the Veda?' (Gov., Kull.) 



r 



Digitized by 



Google 



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),0 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 
Brahmawas ! ' 

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. Garlic, 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 Sehi 
(fruit), and the thickened milk of a cow (which she 
gives after calving). 

7. Rice boiled with sesamum, wheat mixed with 
butter, milk and sugar, milk-rice and flour-cakes 
which are not prepared for a sacrifice, meat which 
has not been sprinkled with water while sacred texts 
were recited, food offered to the gods and sacrificial 
viands, 

8. The milk of a cow (or other female animal) 
within ten days after her calving, that of camels, 

5-25. Ap. 1, 17, 18-39 ; Gaut XVII, 22-36 ; Vas. XIV, 33-48 ; 
Baudh. I, 12, 1-15; Vi. LI, 3-6, 21-42; Yagii. I, 169-178. Se\\i, 
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. Sandhint, ' a cow in heat ' (Kull., N£r., Ragh.), means according 



Digitized by 



Google 



V, 15- LAWFUL AND FORBIDDEN FOOD. J "J I 

of one-hoofed animals, of sheep, of a cow in heat, 
or of one that has no 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 71#i- 
bha (Parra Jacana), 

12. The sparrow, the Plava, the Hawsa, the 
Brahmawl duck, the village-cock, the Sarasa crane, 
the Ra^fudala, 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%arl/aka, (animals) that eat fish, village- 
pigs, and all kinds of fishes. 

15. He who eats the flesh of any (animal) is 

to Medb. and Gov. ' one who gives milk once a day only/ and 
according to Nand. and K. ' one big with a calf.' 

1 1. 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 with all the commentators Raggndala instead of 
Raggnvala, which the printed editions give. The Raggudih is 
according to Vi^-nanejvara the jungle-fowl, according to Nar. an 
aquatic bird. 

14. Regarding the Vaka or Baka, see above, IV, 196. 



Digitized by 



Google 



I 72 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. 

16. (But the fish called) Patina and (that called) 
Rohita may be eaten, if used for offerings to the gods 
or to the manes ; (one may eat) likewise Ra^ivas, 
Siwmatu««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). 

18. The porcupine, the hedgehog, the iguana, the 
rhinoceros, the tortoise, and the hare they declare 
to be eatable ; likewise those (domestic animals) that 
have teeth in one jaw only, excepting camels. 

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 (Krikkhn) or the 
lunar penance (A'andrayawa) 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 
Krikkhra. 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 ekaforan, ' solitary animals,' by ' those who go 
in herds ' (samghaiarinaA). 

20. Regarding the Ssbwtapana KrM/m and the lunar penance 
of ascetics, see below, XI, 213 and 219. 

21. Regarding the Krt'kkAia. penance, see below, XI, 212. 

22. Vas. XIV, 15. 



Digitized by 



Google 



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. 

23. 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»as 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 (Prafapati) 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; Yagii. I, 178-181. 
27. Meat is sprinkled with water at the .Srauta sacrifices. 



Digitized by 



Google 



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 .Sahara or other low castes. 

35. Vas. XI, 34. 

37. Sange, ' if (he has) a strong desire (for meat),' (Kull., RSgh.), 



Digitized by 



Google 



V, 4* LAWFUL AND FORBIDDEN FOOD. 1 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 saftge- 
tyantekSy&m is corrupt, but is probably intended for atyante^Ma- 
yam, and thus agrees with Kull.'s. 



/*" 



Digitized by 



Google 



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 PiscLfca, 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 who desires the good 
of all creatures ' (Gov.). 



Digitized by 



Google 



V, 58. LAWFUL AND FORBIDDEN FOOD; IMPURITY. 1 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 (maw sa^)' will devour in the next 
(world), whose flesh I eat in this (life) ; the wise 
declare this (to be) the real meaning of the word 
'flesh' (mawsa^). 

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 (varwa). 

58. When (a child) dies that has teethed, or that 
before teething has received (the sacrament of) the 
tonsure (A'u^akarawa) 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 the 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. 1, 15, 18; 11,15,2-11; Gaut. XIV ; Vas. IV, 16-37; 
Baudh. I, 11, 1-8, 17-23, 27-32; Vi. XXII; Ya^n. Ill, 1-30. 

58. Medh. and Gov. explain anug'ate, translated freely by ' before 
teething,' as the conventional designation of 'a child that is younger 
than one that has teethed ' (^dtadantad 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., 



r 



Digitized by 



Google 



178 LAWS OF MANU. V, 59. 

59. It is ordained (that) among Sapiwdas 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 Sapiwrfa-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) Sapiwdas, 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 (Sapiwafas), 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 fa, 'or,' 
the words ' of the initiation ' must be understood. 

59. The bones of a Brahma«a 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 .Sakh& shall 
be impure during four days, one who knows a whole .Sakha 1 (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 Sapi»</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. Met'h. and Gov. have only one verse instead of the 
two: ^anane 'py eva/8 syan mitapitros tu sutakam 1 sutaka« 
matur eva syad upasp/Vsya pitS. suMA 11 'Even thus it shall be 
(held) on a birth, or the impurity shall fall on the parents alone, 



Digitized by 



Google 



V, 66. IMPURITY. 1 79 

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 6i, 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. differs. 

64. According to Gov. and Nar. the rule refers to such 
Br&hma«as who for money carry a dead body to the cemetery ; 
according to Kull. and RSgh. to SapWas who in any way touch 
a corpse out of affection. Medh. thinks that it applies to all who 
touch or carry out a dead body, be it for love or for money. 
Ragh. thinks that the text mentions three alternative periods of 
impurity, one day, three days, and ten days. 

65. The Pitrjmedha, i.e. the Antyesh/i (Medh., Gov., Kull., 
Ragh.), or ' the whole of the obsequies ' (' others,' Medh.). 

66. Thus according to Kull. ; Ndr. and Ragh. think that this rule 
refers to miscarriages which happen during the first six months 
of pregnancy ; and that from the seventh month, whether the child 

N 2 



Digitized by 



Google 



l8o LAWS OF MANU. V, 67. 

67. (On the death) of children whose tonsure (Afu- 
rfakarman) has not been performed, the (Sapiwafas) 
are declared to become pure in one (day and) night ; 
(on the death) of those who have received the 
tonsure (but not the initiation, the law) ordains (that) 
the purification (takes place) after three days. 

68. A child that has died before the completion 
of its second year, the relatives shall carry out (of 
the village), decked (with flowers, and bury it) in pure 
ground, without collecting the bones (afterwards). 

69. Such (a child) shall not be burnt with fire, 
and no libations of water shall be offered to it; 
leaving it like a (log of) wood in the forest, (the re- 
latives) shall remain impure during three days only. 

70. The relatives shall not offer libations to (a 
child) that has not reached the third year ; but if it 
had teeth, or the ceremony of naming it (Namakar- 
man) had been performed, (the offering of water 
is) optional. 

71. If a fellow-student has died, the Smn'ti pre- 
scribes an impurity of one day ; on a birth the puri- 
fication of the Samanodakas is declared (to take 
place) after three (days and) nights. 

72. (On the death) of females (betrothed but) not 
married (the bridegroom and his) relatives are puri- 
fied after three days, and the paternal relatives 
become pure according to the same rule. 

lives or not, the full period of impurity must be kept. Nar., more- 
over, asserts that in the first and second months the impurity shall 
last three days. Sadhvi, ' becomes pure,' i.e. ' fit to perform sacred 
rites ' (Gov.). Nar. takes the word in the sense of ' chaste.' 

67. Nand. inserts verse 78 immediately after verse 66. 

72. 'According to the same rule,' i.e. 'according to that given 
in verse 67' (Medh., Gov., Nand.), or 'just as the husband's 
relatives, i.e. after three days' (Kull., Nar., Ragh.). 



Digitized by 



Google 



V,8o. IMPURITY. l8l 

73. Let (mourners) eat food without factitious 
salt, bathe during three days, abstain from meat, 
and sleep separate on the ground. 

74. The above rule regarding impurity on ac- 
count of a death has been prescribed (for cases 
where the kinsmen live) near (the deceased) ; (Sa- 
pinda) kinsmen and (Samanodaka) relatives must 
know the following rule (to refer to cases where 
deceased lived) at a distance (from them). 

75. He who may hear that (a relative) residing 
in a distant country has died, before ten (days after 
his death have elapsed), shall be impure for the 
remainder of the period of ten (days and) nights 
only. 

76. If the ten days have passed, he shall be im- 
pure during three (days and) nights ; but if a year 
has elapsed (since the occurrence of the death), he 
becomes pure merely by bathing. 

77. A man who hears of a (Sapi«da) relative's 
death, or of the birth of a son after the ten days (of 
impurity have passed), becomes pure by bathing, 
dressed in his garments. 

78. If an infant (that has not teethed), or a (grown- 
up relative who is) not a Sapi»</a, die in a distant 
country, one becomes at once pure after bathing in 
one's clothes. 

79. If within the ten days (of impurity) another 
birth or death happens, a Brahmawa shall remain 
impure only until the (first) period of ten days has 
expired. 

80. They declare that, when the teacher (a^arya) 
has died, the impurity (lasts) three days ; if the 

73. Nand. reads anvaham, (bathe) 'daily ' instead of 'during three 
days.' 



Digitized by 



Google 



l82 laws OF MANU. V,8i. 

(teacher's) son or wife (is dead, it lasts) a day and 
a night ; that is a settled (rule). 

8 1. For a .SVotriya who resides with (him out of 
affection), a man shall be impure for three days; 
for a maternal uncle, a pupil, an officiating priest, 
or a maternal relative, for one night together with 
the preceding and following days. 

82. If the king in whose realm he resides is 
dead, (he shall be impure) as long as the light (of 
the sun or stars shines), but for (an intimate friend) 
who is not a .SVotriya (the impurity lasts) for a 
whole day, likewise for a Guru who knows the Veda 
and the Arigas. 

83. A Brahmawa shall be pure after ten days, a 
Kshatriya after twelve, a Vaisya after fifteen, and 
a .Sudra is purified after a month. 

84. Let him not (unnecessarily) lengthen the 
period of impurity, nor interrupt the rites to be 
performed with the sacred fires ; for he who per- 
forms that (Agnihotra) rite will not be impure, 
though (he be) a (Sapiwda) relative. 

81. Upasampanne, 'who resides with (him out of affection),' 
may according to Medh. also mean 'who is virtuous.' According 
to Nar. it means ' who is a neighbour.' 

82. Anu^ane tatha gurau, ' likewise for a Guru who knows the 
Veda and Aftgas,' i. e. ' such a one who is mentioned above, II, 
149' (Gov., Kull., Ragh.). Nar. takes the two words separately. 
Medh. connects anMane with arrotriye, and thinks that a man 
is meant who does not know the Veda, but the Ahgas. He also 
mentions the explanation adopted above. Nand. finally reads 
anuHne tatha 'gurau, ' likewise for one who knows the Veda and 
the Ahgas, but is not a Guru.' 

84. According to Medh. the meaning of the first clause is that, 
if there is an option between shorter or longer periods of impurity, 
the mourner is not to choose the longer one in order to escape 
the performance of his sacred duties. He adds, that others think 



Digitized by 



Google 



V, 88. IMPURITY. 1 83 

85. When he has touched a Aawd&la, a men- 
struating woman, an outcast, a woman in childbed, 
a corpse, or one who has touched a (corpse), he 
becomes pure by bathing. 

86. He who has purified himself by sipping water 
shall, on seeing any impure (thing or person), always 
mutter the sacred texts, addressed to Surya, and the 
Pavamanl (verses). 

87. A Brahma»a who has touched a human bone 
to which fat adheres, becomes pure by bathing ; if it 
be free from fat, by sipping water and by touching 
(afterwards) a cow or looking at the sun. 

88. He who has undertaken the performance of a 
vow shall not pour out libations (to the dead) until 
the vow has been completed ; but when he has 

it to be an exhortation not to delay the bath which must be taken 
at the expiration of the period of impurity. The other com- 
mentators mention the first explanation only. The second clause, 
which refers to the continued offering of the Srauta Agnihotra, 
means according to Medh., Gov., and Nand., that an Agnihotrin 
who is in mourning shall not perform the offerings in person, but 
make others, who may even be his near relatives, do it for him. 
Kull., Nar., and Ragh. think that the performer himself may also 
offer them. Nand. explains sanabhyaA, ' a Sapi»</a ' (Gov., Kull., 
Nar., Ragh.), by sahodaraA, ' a full brother.' 

85. Tatsprish/inam, ' one who has touched a (corpse),' (Medh., 
'others;' Gov., Kull., Ragh ), means according to Medh., Nar., 
and Nand. ' one who has touched any of those enumerated before, 
a Kandah and so forth.' 

86. ' He who has purified himself,' i. e. ' before he begins to 
worship the gods or manes' (Medh., 'others;' Kull., Nar., Rngh.). 
'An impure (thing or person),' i.e. ' those mentioned above.' Medh. 
and Gov. take the verse differently, 'On seeing one of those impure 
persons mentioned above, let him sip water and, thus purified, 
recite, &c.' The texts addressed to Surya are found Rig-veda I, 
50, 1 seq.; the Pavamants in Ma«</ala IX. 

88. The rule refers to a student, who must not during his 
studentship perform the last rites for any deceased relative except 



Digitized by 



Google 



1 84 LAWS OF MANU. V, 89. 

offered water after its completion, he becomes pure 
in three days only. 

89. Libations of water shall not be offered to 
those who (neglect the prescribed rites and may be 
said to) have been born in vain, to those born in 
consequence of an illegal mixture of the castes, to 
those who are ascetics (of heretical sects), and to 
those who have committed suicide, 

90. To women who have joined a heretical sect, 
who through lust live (with many men), who have 
caused an abortion, have killed their husbands, or 
drink spirituous liquor. 

91. A student does not break his vow by carrying 
out (to the place of cremation) his own dead teacher 
(a/£arya), sub-teacher (upadhyaya), father, mother, or 
Guru. 

92. Let him carry out a dead iSudra by the 
southern gate of the town, but (the corpses of) 

his mother (Medh.), or except his mother and father (Gov.), or 
except his parents and his teacher; see below, verse 91 (Kull., 
Ragh.). According to K. 'others' think that the rule refers to 
those performing a lunar penance or other vows. 

89. ' To those who (neglect the prescribed rites and may be said 
to) have been born in vain' (Gov., Kull., Nand., R&gh.), i.e. 'to 
those who for a year belonged to no order' (Medh.), or 'to 
eunuchs' (Nar.). The term sa«kara^a^, ' born in consequence 
of an illegal mixture of the castes,' includes besides those sprung 
from mothers of a higher and fathers of a lower caste, sons of 
widows not appointed and of adulteresses (Medh., Gov., Nand.). 
' Ascetics (of heretical sects),' i.e. Kapalikas, those wearing red 
garments, &c. (Medh.). Nar. and Ragh. refer the term to orthodox 
ascetics. 

90. Pasha»</am, ' a heretical sect,' i.e. the Kapalikas, those wearing 
red garments ' (Medh.), or ' Bauddhas and so forth ' (Nar.). 

91. ' Guru,' i. e. 'one who explains the Veda' (Nar., Kull), or 
'him who is mentioned above, II, 149* (Medh., Gov.). 

92. I.e. a Varna by the western gate, a Kshatriya by the 



Digitized by 



Google 



V, 97. IMPURITY. J^^ 



twice-born men, as is proper, by the western, 
northern, or eastern (gates). 

93. The taint of impurity does not fall on kings, 
and those engaged in the performance of a vow, or 
of a Saitra ; for the (first are) seated on the throne 
of Indra, and the (last two are) ever pure like 
Brahman. 

94. For a king, on the throne of magnanimity, 
immediate purification is prescribed, and the reason 
for that is that he is seated (there) for the protection 
of (his) subjects. 

95. (The same rule applies to the kinsmen) of those 
who have fallen in a riot or a battle, (of those who 
have been killed) by lightning or by the king, and (of 
those who perished fighting) for cows and Brah ma- 
was, and to those whom the king wishes (to be pure). 

96. A king is an incarnation of the eight guardian 
deities of the world, the Moon, the Fire, the Sun, 
the Wind, Indra, the Lords of wealth and water 
(Kubera and Varu«a), and Yama. 

97. Because the king is pervaded by (those) 

northern, and a Brahmana by the eastern (Medh., Gov., Kull., 
Nand., Ragh.). 

93. 'A vow,' i.e. 'the studentship (NSr.), also a lunar penance 
and the like' (Medh., Gov., Kull.); 'a Sattra,' i.e. 'a long sacrifice 
such as the Gavamayana.' BrahmabhutaA, ' pure like Brahman ' 
(Kull., Nar., Ragh.), means according to Medh. ' they have reached 
Brahmahood.' 

95. Nand. and K. explain rfimbha, 'in a riot,' to mean 'by in- 
fants.' 'Whom the king wishes (to be pure),' i.e. 'his servants and 
ministers whom he wants for his affairs.' Nar. inserts another 
class, ' (the kinsmen of those who have been killed) by Br&hma«as, 
i.e. by incantations.' But I do not understand how the word could 
be made to suit the verse. 

96. See below, VII, 4. 

97. Medh. reads lok&raprabhavapyayau, and the second half 



Digitized by 



Google 



1 86 LAWS OF MANU. V, 98. 

lords of the world, no impurity is ordained for him ; 
for purity and impurity of mortals is caused and 
removed by (those) lords of the world. 

98. By him who is slain in battle with brandished 
weapons according to the law of the Kshatriyas, a 
(5rauta) sacrifice is instantly completed, and so is 
the period of impurity (caused by his death) ; that 
is a settled rule. 

99. (At the end of the period of impurity) a Brah- 
ma«a who has performed the necessary rites, be- 
comes pure by touching water, a Kshatriya by 
touching the animal on which he rides, and his 
weapons, a Vaisya by touching his goad or the 
nose-string (of his oxen), a 6"udra by touching his 
staff. 

100. Thus the purification (required) on (the 
death of) Sapiw^as has been explained to you, O 
best of twice-born men ; hear now the manner in 
which men are purified on the death of any (relative 
who is) not a Sap'mda.. 

101. A Brahma«a, having carried out a dead 

verse must then be translated ' purity and impurity affect mortals, 
they are caused and removed by the guardians of the world.' 
Nar., Nand., and K. read lokcraprabhavo hy ayam, * but he (the) 
king springs from the guardians of the world.' N&r. mentions 
also a reading lokeraprabhave 'pyayaA, 'for him who springs 
from the guardians of the world, (purity and impurity) do not 
exist' 

98. According to Medh. some contend that this rule refers only 
to those who die on the battle-field, not to those who die later of 
their wounds. Yagiiak, ' a (.Srauta) sacrifice ' (Medh., Kull., Ragb.), 
means according to Nar. ' the funeral sacrifice.' 

99. 'Touching water,' i.e. 'bathing' (Medh., Kull., Nar.), ' washing 
his hands ' (Gov.). 

1 01. 'The relatives of his mother and (the Sagotras of his 
father), or connexions by marriage, are meant' (Nar.). 



Digitized by 



Google 



V, 106. IMPURITY. 187 

Brahmawa who is not a Sap'mda, as (if he were) a 
(near) relative, or a near relative of his mother, 
becomes pure after three days ; 

102. But if he eats the food of the (Sapiwdas of 
the deceased), he is purified in ten days, (but) in 
one day, if he does not eat their food nor dwells in 
their house. 

103. Having voluntarily followed a corpse, whether 
(that of) a paternal kinsman or (of) a stranger, he 
becomes pure by bathing, dressed in his clothes, by 
touching fire and eating clarified butter. 

104. Let him not allow a dead Brahma»a to be 
carried out by a 6"udra, while men of the same caste 
are at hand ; for that burnt-offering which is defiled 
by a 5udra's touch is detrimental to (the deceased's 
passage to) heaven. 

105. The knowledge (of Brahman) austerities, fire, 
(holy) food, earth, (restraint of) the internal organ, 
water, smearing (with cowdung), the wind, sacred 
rites, the sun, and time are the purifiers of corporeal 
(beings). 

106. Among all modes of purification, purity in 
(the acquisition of) wealth is declared to be the best; 
for he is pure who gains wealth with clean hands, 
not he who purifies himself with earth and water. 

102. In case he stays in the house of the mourners, he becomes 
impure for three days (Gov., Kull., Ragh., K.). 

104. According to Nar. the rule refers exclusively to Brahmanas, 
according to Medh. and Kull. to all Aryans. The burning of the 
body is euphemistically called a burnt-offering. 

105. Vi. XXII, 88; Y&gn. Ill, 31; Baudh. I, 8, 52. ManaA 
kshamakhyaA (?) niyamayuktaw mano ^fvasya (Nar.). The other 
commentators take manaA, ' the mind or internal organ,' in the sense 
of ' a sanctified heart.' 

106. Vi. XXII, 89; Ya^l Ill, 32. 



Digitized by 



Google 



1 88 LAWS OF MANU. V, 107. 

107. The learned are purified by a forgiving 
disposition, those who have committed forbidden 
actions by liberality, secret sinners by muttering 
(sacred texts), and those who best know the Veda 
by austerities. 

108. By earth and water is purified what ought 
to be made pure, a river by its current, a woman 
whose thoughts have been impure by the menstrual 
secretion, a Brahma#a by abandoning the world 
(sawnyasa). 

109. The body is cleansed by water, the internal 
organ is purified by truthfulness, the individual soul 
by sacred learning and austerities, the intellect by 
(true) knowledge. 

no. Thus the precise rules for the purification of 
the body have been declared to you ; hear now the 
decision (of the law) regarding the purification of 
the various (inanimate) things. 

in. The wise ordain that all (objects) made of 
metal, gems, and anything made of stone are to be 
cleansed with ashes, earth, and water. 

1 1 2. A golden vessel which shows no stains, 
becomes pure with water alone, likewise what is 
produced in water (as shells and coral), what is made 
of stone, and a silver (vessel) not enchased. 

107. Vi. XXII, 90; Y&gfi. Ill, 33. 

108. Vi. XXII, 91 ; Vas. Ill, 58 ; Ya^w. III, 32. 

109. Vi. XXII, 92 ; Vas. Ill, 60; Yigfi. Ill, 33-34. 
no. Vi. XXII, 93. 

111-126. Ap. 1,17, 8-13; 11,3,9; Gaut.1, 29-34; Vas.III, 44-57, 
59, 61-63 ; Baudh. I, 8, 32-53, 9, 1-4, 7-12, 10, 1-9 ; 13, n-14, 
19; Vi. XXIII, 2-46, 56 ; Ya^w. I, 182-190. 

112. Anupasknlam, ' not enchased,' may also mean according to 
Medh. and Nand. ' not defiled very much.' Medh. and N&r. add 



Digitized by 



Google 



V, Ii8. PURIFICATION. 1 89 

113. From the union of water and fire arose the 
glittering gold and silver ; those two, therefore, are 
best purified by (the elements) from which they 
sprang. 

114. Copper, iron, brass, pewter, tin, and lead 
must be cleansed, as may be suitable (for each 
particular case), by alkaline (substances), acids or 
water. 

115. The purification prescribed for all (sorts of) 
liquids is by passing two blades of Kusa grass 
through them, for solid things by sprinkling (them 
with water), for (objects) made of wood by planing 
them. 

116. At sacrifices the purification of (the Soma 
cups called) Aamasas and Grahas, and of (other) 
sacrificial vessels (takes place) by rubbing (them) 
with the hand, and (afterwards) rinsing (them with 
water). 

1 1 7. The Aaru and (the spoons called) Sru£ and 
Sruva must be cleaned with hot water, likewise (the 
wooden sword, called) Sphya, the winnowing-basket 
(6"urpa), the cart (for bringing the grain), the pestle 
and the mortar. 

118. The manner of purifying large quantities of 
grain and of cloth is to sprinkle them with water ; 

that this last term applies to all the various objects mentioned in 
the verse. 

113. Medh., Gov., and Kull. quote a Vedic passage which 
derives the origin of gold from Agni and the goddess Vanwani. 

115. Utpavanam or utplavanam (Gov., Kull., R&gh.), ' passing 
two blades of Kusa. grass through them,' means according to 
Medh., ' others,' and K. ' purifying by pouring them into another 
vessel, filled with pure liquids of the same kind,' according to Ndr. 
by ' straining through a cloth.' ' Solid things,' i.e. ' a couch, a seat, 
and the like.' 



Digitized by 



Google 



ICJO LAWS OF MANU. V, 119. 

but the purification of small quantities is prescribed 
(to take place) by washing them. 

119. Skins and (objects) made of split cane must 
be cleaned like clothes ; vegetables, roots, and fruit 
like grain ; 

120. Silk and woollen stuffs with alkaline earth; 
blankets with pounded Arish/a (fruit) ; Amsupattas 
with Bel fruit ; linen cloth with (a paste of) yellow 
mustard. 

121. A man who knows (the law) must purify 
conch-shells, horn, bone and ivory, like linen cloth, 
or with a mixture of cow's urine and water. 

122. Grass, wood, and straw become pure by being 
sprinkled (with water), a house by sweeping and 
smearing (it with cowdung or whitewash), an earthen 
(vessel) by a second burning. 

123. An earthen vessel which has been defiled 
by spirituous liquor, urine, ordure, saliva, pus or 
blood cannot be purified by another burning. 

124. Land is purified by (the following) five 
(modes, viz.) by sweeping, by smearing (it with cow- 
dung), by sprinkling (it with cows' urine or milk), 
by scraping, and by cows staying (on it during a 
day and night). 

125. (Food) which has been pecked at by birds, 

119. Vaidalanam, ' objects made of split cane' (Kull., K., Rlgh., 
Nar., Nand.), means according to Medh. and Gov. ' made of the 
bark of trees and the like.' Medh. remarks that this and other 
rules, where skins and so forth are mentioned, apply also to objects 
made of such things, e.g. shoes. 

120. Arish/a, i.e. Sapindus detergens, the soap-berry tree. 
Aw.rupa//a means according to Gov., Nand., and Nar. ' cloth made 
of thinned bark,' according to Kull. and Ragh. ' upper garments 
for women (Saris) made of fine cloth ' (pa//aja7aka, pa//a*a7r). 

125. 'By birds,' i.e. 'by parrots and the like, not by crows, 



Digitized by 



Google 



V, 129- PURIFICATION. 191 

smelt at by cows, touched (with the foot), sneezed 
on, or defiled by hair or insects, becomes pure by 
scattering earth (over it). 

126. As long as the (foul) smell does not leave 
an (object) defiled by impure substances, and the 
stain caused by them (does not disappear), so long 
must earth and water be applied in cleansing (in- 
animate) things. 

127. The gods declared three things (to be) pure 
to Brahmawas, that (on which) no (taint is) visible, 
what has been washed with water, and what has 
been commended (as pure) by the word (of a 
Brahmawa). 

128. Water, sufficient (in quantity) in order to 
slake the thirst of a cow, possessing the (proper) 
smell, colour, and taste, and unmixed with impure 
substances, is pure, if it is collected on (pure) 
ground. 

129. The hand of an artisan is always pure, so 
is (every vendible commodity) exposed for sale in 

vultures, and other impure ones'(Medh., Gov., Kull.). Avadhutam, 
' touched (with the foot),' (Kull., Ragh.), means according to Medh. 
'blown upon with the mouth,' or ' dusted with a dress,' according 
to Gov. ' dusted with a dress,' according to Nar. ' moved by the 
wind (caused by the motion) of a cloth, the foot or the like,' 
according to Nand. ' defiled by the dust of a broom or of the air 
moved by the wings (of a bird).' 

127. Vas. XIV, 24; Baudh. I, 9, 9; Vi. XXIII, 47; YSgn. I, 
191. In conformity with the opinion of the commentators I 
translate pavitrawi by ' pure.' But the word has also the meaning 
of 'means of purification,' in which I have taken it in the 
translations of the parallel passages. The general sense remains 
the same. 

128. Vas. Ill, 35-36, 47; Baudh. I, 9, 10; Vi. XXIII, 43; 
Yagii. I, 192. 

129. Baudh. I, 9, 1; Vi. XXIII, 4 3. 



Digitized by 



Google 



192 LAWS OF MANU. V, 130. 

the market, and food obtained by begging which 
a student holds (in his hand) is always fit for use ; 
that is a settled rule. 

1 30. The mouth of a woman is always pure, like- 
wise a bird when he causes a fruit to fall ; a calf 
is pure on the flowing of the milk, and a dog when 
he catches a deer, 

131. Manu has declared that the flesh (of an 
animal) killed by dogs is pure, likewise (that) . of 
a (beast) slain by carnivorous (animals) or by men 
of low caste (Dasyu), such as A'awa'alas. 

132. All those cavities (of the body) which lie 
above the navel are pure, (but) those which are 
below the navel are impure, as well as excretions 
that fall from the body. 

133. Flies, drops of water, a shadow, a cow, a 
horse, the rays of the sun, dust, earth, the wind, and 
fire one must know to be pure to the touch. 

134. In order to cleanse (the organs) by which 
urine and faeces are ejected, earth and water must 
be used, as they may be required, likewise in remov- 
ing the (remaining ones among) twelve impurities 
of the body. 



130. Baudh. I, 9, 2 ; Vi. XXIII, 49; YSgn. I, 193. 

131. Vas. Ill, 45 ; Vi. XXIII, 50; Yigii. 1, 192. 

132. Vi. XXIII, 51; Y&gn. 1, 194. 

133. Vi. XXIII, 51 ; Y&gfi. 1, 193. 'Drops of water,' i. e. 'such 
as are only perceptible by the touch' (Medh., Gov.), or 'such as 
come from the mouth, i.e. of saliva' (Kull., Ragh., Nar.). Ragh. 
adds, ' and a continuous stream of water.' 

134. Ap. 1, 16, 15 ; Gaut I, 43 ; Vas. VI, 14 ; Ya^n. 1, 17. ' As 
they may be required,' i.e. 'for removing the first six kinds of 
impurities enumerated in the next verse, as much water and earth 
as may be required, and for the last six water only' (Gov., Kull., 
Nar., Ragh.). 



Digitized by 



Google 



V, T40. PURIFICATION. 193 

135. Oily exudations, semen, blood, (the fatty sub- 
stance of the) brain, urine, faeces, the mucus of the 
nose, ear-wax, phlegm, tears, the rheum of the eyes, 
and sweat are the twelve impurities of human 
(bodies). 

136. He who desires to be pure, must clean the 
organ by one (application of) earth, the anus by 
(applying earth) three (times), the (left) hand alone 
by (applying it) ten (times), and both (hands) by 
(applying it) seven (times). 

137. Such is the purification ordained for house- 
holders ; (it shall be) double for students, treble for 
hermits, but quadruple for ascetics. 

138. When he has voided urine or faeces, let him, 
after sipping water, sprinkle the cavities, likewise 
when he is going to recite the Veda, and always 
before he takes food. 

139. Let him who desires bodily purity first sip 
water three times, and then twice wipe his mouth ; 
but a woman and a .Sudra (shall perform each act) 
once (only). 

140. .Sudras who live according to the law, shall 
each month shave (their heads) ; their mode of 
purification (shall be) the same as that of Vawyas, 
and their food the fragments of an Aryan's meal. 

136. Vas.VI, 18; Vi. LX, 25. 

137. Vas.VI, 19; Vi. LX, 26. 

138. Gaut. I, 36; Baudh. I, 8, 26; Vi. LXII, 8. 'The cavities,' 
i.e. of the head (Gov.), and also the navel, the heart, and the 
crown of the head (Nir., Kull.). 

139. Ap. 1, 16, 3-8; Gaut. I, 36; Vas. Ill, 27-28; Baudh. I, 8, 
20-22; Vi. LXII, 6-8; YS^fi. I, 20. 

140. Ap. II, 3, 4-6. ' Who live according to the law,' i.e. ' who 
serve Aryans' (Medh., Gov., Kull., Righ.). Nand. thinks that 
mlsikaw vapanam karyaai, ' shall shave each month,' means ' shall 
offer the monthly 5r4ddha.' 

[*5] O 



Digitized by 



Google 



194 LAWS OF MANU. V, 141. 

141. Drops (of water) from the mouth which do 
not fall on a limb, do not make (a man) impure, 
nor the hair of the moustache entering the mouth, 
nor what adheres to the teeth. 

142. Drops which trickle on the feet of him who 
offers water for sipping to others, must be con- 
sidered as equal to (water) collected on the ground ; 
they render him not impure. 

143. He who, while carrying anything in any 
manner, is touched by an impure (person or thing), 
shall become pure, if he performs an ablution, with- 
out putting down that object. 

144. He who has vomited or purged shall bathe, 
and afterwards eat clarified butter ; but if (the attack 
comes on) after he has eaten, let him only sip water ; 
bathing is prescribed for him who has had intercourse 
with a woman. 

145. Though he may be (already) pure, let him sip 
water after sleeping, sneezing, eating, spitting, telling 
untruths, and drinking water, likewise when he is 
going to study the Veda. 

146. Thus the rules of personal purification for 
men of all castes, and those for cleaning (inanimate) 
things, have been fully declared to you : hear now 
the duties of women. 



141. Ap. 1, 16, 13; Gaut. I, 38-41; Vas. Ill, 37, 40-41; Baudh. 
I, 8, 23-25; Vi. XXIII, 53; Ya^k. I, 195. I read with Medh., 
Gov., NSr., Nand., and K., anga/n na yanti yih, instead of ahge 
patanti, 'which fall on a limb,' the reading of Kull. and Ragh. 

142. Vas. Ill, 42 ; Vi. XXIII, 54. 

143. Gaut. I, 28; Vas. HI, 43; Baudh. I, 8, 27-29; Vi. 
XXIII, 55. 

145- Ap. I, 16, 14; Gaut. I, 37; Vi. XXII, 75; Ya£n. I, 196. 
According to Medh., some refer this verse to a repeated sipping of 
water. 



Digitized by 



Google 



V, is?. PURIFICATION J WOMEN. 1 95 

147. By a girl, by a young woman, or even by an 
aged one, nothing must be done independently, even 
in her own house. 

148. In childhood a female must be subject to 
her father, in youth to her husband, when her lord 
is dead to her sons ; a woman must never be in- 
dependent. 

149. She must not seek to separate herself from 
her father, husband, or sons ; by leaving them she 
would make both (her own and her husband's) 
families contemptible. 

150. She must always be cheerful, clever in (the 
management of her) household affairs, careful in 
cleaning her utensils, and economical in expenditure. 

151. Him to whom her father may give her, or 
her brother with the father's permission, she shall 
obey as long as he lives, and when he is dead, she 
must not insult (his memory). 

152. For the sake of procuring good fortune 
to (brides), the recitation of benedictory texts 
(svastyayana), and the sacrifice to the Lord of 
creatures (Pra^apati) are used at weddings ; (but) 
the betrothal (by the father or guardian) is the cause 
of (the husband's) dominion (over his wife). 

147-149. See below, IX, 2-3; Vi. XXVI, 12-13; Ya^Ji.1,85-86. 

150. Vi. XXVI, 4-6 ; Y&gii. I, 83. 

151. Vi. XXVI, 14; Ya^l.1, 63. 

152. Svastyayanam, 'the recitation of benedictory texts,' i.e. 'of 
those intended for averting evil omens ' (Gov., Kull.) ; or ' the 
Pu«yahava^ana and the rest' (Nar.) ; or ' the recitation of the 
texts which precede the nuptial burnt-oblation' (Ragh., Nand.). 
Medh. connects the word with yzgiizh, and explains it by 'that 
whereby welfare is obtained.' Medh. explains the expression ' the 
sacrifice to Pra^apati' by stating that ' some' prescribe at a wedding 
an oblation with the verse Pra^&pate na tvad evSnya^ (? tvadetiny, 
Rig-veda X, 121, 10), and that the offerings to the other gods are 

O 2 



Digitized by 



Google 



1 96 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 Brahmawas who were 
chaste from their youth, have gone to heaven with- 
out continuing their race. 

implied by this expression. N£r. thinks that the Pra^Spati called 
Manu is the guardian deity of the bride, and hence the nuptial 
oblations are called ' the sacrifice to Pra^&pati.' 

i55.Vi.XXVI,i5;Y^.I, 77. 

156-166. See below, IX, 64-68 ; Y&gii. I, 75, 87. 

157. Medh. takes this opportunity to strongly object to the prac- 
tice of widows burning themselves with their husbands' corpses. 

159. Gov. and Kull. think that the verse refers to the Valakhilya 
y?/shis. 



Digitized by 



Google 



V, 166. WOMEN. 197 

160. A virtuous wife who after the death of her 
husband constantly remains chaste, reaches heaven, 
though she have no son, just like those chaste 
men. 

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 (parapurva). 

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., Nar., and Nand. take the first part of the verse dif- 
ferently : ' Offspring begotten by another man does not belong (to 
the mother).' The other explanation is given by Gov. and Kull. 

165. Medh. omits verses 165-166. 



Digitized by 



Google 



198 LAWS OF MANU. V, 167. 

167. A twice-bom 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. 

i 

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. Y&gn. I, 88. 

VI. 1-32. Ap. II, 21, 18-23, 2; Gaut. Ill, 26-35; Vas - VI, 
19-20; IX; Baudh. II, 11, 14-15; HI, 18-4, 22; Vi. XCIV- 

XCV; Ya^n. Ill, 45-55- 

1. NiyataA, 'taking a firm resolution ' (Gov., KuD.), means accord- 
ing to Nar. ' devoted to the restrictive duties, austerities, reciting 
the Veda, and so forth.' Kull. connects yathdvad, ' duly observing,' 
&c. (Gov., N&r.), with ' keeping his organs in subjection.' 

2. Medh. notes particularly that the .Sish/as insist on the neces- 
sity that he who takes to forest-life must have sons and sons' sons, 
and that hence apatya, ' offspring,' is to be taken in this restricted 
sense. Nar. holds that the verse gives three separate grounds for 
entering the third order, each of which is sufficient by itself, while 



Digitized by 



Google 



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. A"iram, 'a tattered garment' (vastrakha»</am, Medh., Gov., 
Kull.), may also mean ' a dress made of bark, Kara grass, or the 
like' (Gov., Nar., Ragh.). 

8. DantaA, ' patient of hardships,' means according to Medh. and 
Nar. ' free from pride.' Gov. reads in the beginning of the second 



Digitized by 



Google 



200 LAWS OF MANU. VI, p. 

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 
Agrayawa, and the ATaturmasya (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 (puroa&ra) 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 'nira»» d&ti, Met him not care for the pairs 
of opposites, let him be ever liberal and compassionate towards all 
creatures.' 

9. YogataA, ' at the proper time' (Kull., Ragh.), means according 
to Medh. and Gov. 'as required by law;' according to NSr. 'dili- 
gently.' 

10. Medh. reads Dawesh/i for i?zkshesh/i, 'the Nakshatresh/i.' 
I read with Medh., Nar., Nand., and Righ., Tur&yana (see .Sankh. 
•Srauta-sutra IV, 11) instead of UttarSya«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»a/», ' the sacrifice 
at the summer-solstice,' for Dakshasy&yawam/the D&kshilyawa.' The 
Nakshatresh/i is a .Srauta sacrifice offered to the lunar mansions. 
Regarding the variety of the Darrapaurwamftsa, called D&ksh&yawa, 
see Asv. Srauta-sutra II, 14. 

12. According to Kull., the hermit is to collect the salt from 
usharas, i.e. salt-marshes ; according to N&r., he is to prepare it 
from the ksh&ra, ' salt or alcaline elements' of trees and the like. 



Digitized by 



Google 



VI, 18. THE HERMIT IN THE FOREST. 201 

1 3. 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 .Sigruka, and the .Sleshman- 
taka fruit. 

15. Let him throw away in the month of A^vtna 
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. Bhustrma, i.e. Andropogon Schoenanthus.Sigruka, according 
to Nan, the same as the Sbbhanang'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 Bahfkas, in the Panjab ; according to Gov., Kull., Ragh., 
the former is found in Malva. .Sleshmantaka, i.e. Cordia Myxa. 
According to Medh., bhaumani,' those which grow on or come from 
the ground/ has to be taken as a separate word, and denotes a 
plant, known to the woodmen, named Go^ihvika, Phlomnis or 
Premna Esculenta. Gov., NSr., 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 



Digitized by 



Google 



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. 

2i. Or he may constantly subsist on flowers, 
roots, and fruit alone, which have been ripened by 
time and have fallen spontaneously, following the 
rule of the (Institutes) of Vikhanas. 

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 
the open sky, and in winter be dressed in wet 
clothes, (thus) gradually increasing (the rigour of) 
his austerities. 

vessel for collecting food),' (N&r.), 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 vrati by 
Baudhayana, III, 2, 11. 

21. All the commentators except Nir. expressly state that the 
text refers to a particular set of Sutras, ascribed to the Hishi 
Vikhanas, which contained rules for hermits. Medh. add9 that the 
hermit is to learn other practices also from that work. 

23. 'Five fires,' i.e. 'four fires and the sun from above.' 



Digitized by 



Google 



VI, 29. THE HERMIT IN THE FOREST. 203 

24. When he bathes at the three Savanas (sunrise, 
midday, and sunset), let him offer libations of water to 
the manes and the gods, and practising harsher and 
harsher austerities, let him dry up his bodily frame. 

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- 
ma»a 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 .Sastra. Medh. gives as instances, standing with 
uplifted arms, fasting for a month, and the Dvdd&raratra. 

25. 'According to the rule,' i.e. 'by swallowing ashes and so forth' 
(Medh., Gov., Kull.), which mode has to be learned from the St&- 
vawaka [.Srama»aka Sutra] (Medh.), or by reciting the text • Ya te 
agne ya^niya,' Taitt. Samh. II, 5, 8, 8 (Nar.). 

29. Atmasamsiddhaye, ' in order to attain complete (union with 
ihz (supreme) Soul,' may also mean ' in order to make himself or 
his soul perfect.' Nar. gives the correct etymology of Upanishad, 
explaining upanisha«»a yofyata ity upanishat, 'Upanishad means (a 
text) which is recited (while the pupils are) seated near (the teacher).' 



Digitized by 



Google 



204 LAWS OF MANU. VI, 30. 

30. (As well as those rites and texts) which have 
been practised and studied by the sages (.ffzshis), 
and by Brahmawa 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. 

33. 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' (N&r., 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 MahaprasthSna, or ' Great Departure,' on a journey which ends 
in death, when he is incurably diseased or meets with a great mis- 
fortune, and that, because it is taught in the .Sastras, it is not 
opposed to the Vedic rules which forbid suicide. From the parallel 
passage of Ap. II, 23, 2, it is, however, evident that a voluntary 
death by starvation was considered the befitting conclusion of a 
hermit's life. The antiquity and general prevalence of the practice 
may be inferred from the fact that the Gains, 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., Nir., 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, n-25; Vas.VI, 19-20; X; 



Digitized by 



Google 



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. V 

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 Brahma«a 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, 11, 16-26; 17, 1-18, 27; Vi. XCVI-XCVII ; Y&gn. 
Ill, 56-65. 

33. Nar. takes asanga, ' 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. 



Digitized by 



Google 



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&ta^, 'provided with the means of purification,' 
i. e. ' his staff, his water-pot, and so forth ' (Gov., Kull., Nand.), 
means according to Medh. either ' applying himself to the recitation 
of purificatory texts and provided with the means of purifications, 
i.e. a staff, &c.,' or ' performing penances which purify.' Nar. takes 
it to mean, ' having been made most eminent during his life as 
a householder by acts which purify, i.e. austerities and recitals of 
the Veda and so forth ;' and Ragh., ' possessing a rich store of sanc- 
tifying knowledge taught in the Upanishads.' Nar. takes muniA, 
1 wholly silent' (Gov., Kull.), in the sense of * intent on meditation.' 
Nand. explains samupoa%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 muniA, ' meditating' (Gov., Kull.), by 'wholly 
silent.' Instead of asamkasukaA or arawkasukaA, ' firm of purpose' 
(Gov., Kull.), Nar., Nand., and K. prima manu read asaw^ayikaA, 
' destitute of any store of provisions,' and Ragh. a-rankasuka//, ' free 
from doubts.' Medh., whose text now reads asaznkasuksiA, gives 
this word as the var. lect. of others, and probably originally read, 
like Nar. and Nand., asam£ayik&%. 



Digitized by 



Google 



VI, 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 
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 nirveram(Medh., Nar., var. Iect., Nand.) 
instead of nirdejam (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, Artha and Kama, and finally Dharmarthakama con- 
jointly; according to Kull. and Medh., ' mind, intellect, and the five 
senses ;' and according to Nar., ' the five senses, mind, and Ahara- 
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. 



Digitized by 



Google 



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 .Sastras), 
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) 
Aamasa, 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 Ndr. and Ragh., angavidya, ' palmistry' (Medh., 
Kull., Nand.), means ' the science of grammar and the other five 
Angas of the Veda.' Gov. takes nakshatrangavidya as a determi- 
native compound, meaning ' astrology.' Anudisana, ' giving advice ' 
(Medh., Gov., Kull., Ragh.), means according to NSr. 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.' 



Digitized by 



Google 



VI, 63. THE ASCETIC. 209 

56. When no smoke ascends from (the kitchen), 
when the pestle lies 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. 

5 7. Let him not be sorry when he obtains nothing, 
nor rejoice when he obtains (something), let him 
(accept) so much only as will sustain life, let him 
not care about the (quality of his) utensils. 

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 Sawsara) 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 the 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. Matr3, 'utensils,' i.e. his staff, water-pot, &c. (Medh., Gov., 
Kull., Ragh.), means according to Nar. and Nand. ' a portion, 
e.g. a mouthful' (kaval&diA, NSr.), or 'a portion, i.e. enough to fill 
his stomach' (udarapuranavadhir matra). 

[*5] P 



Digitized by 



Google 



2IO LAWS OF MANU. VI, 64. 

on its wanderings through ten thousand millions of 
existences, 

64. On the infliction of pain on embodied (spirits), 
which is caused by demerit, and the gain of eternal 
bliss, which is caused by the attainment of their 
highest aim, (gained through) spiritual merit. 

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 

67. 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. 

65. 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 
external marks of the order),' (Kull., Nand., Ragh.), Medh., Gov., 
Nir., and K. read bhushito 'pi, ' though adorned (with garlands and 
the like).' 

69. Regarding the term ' suppression of the breath,' see Vas. 
xxv . 13. and Wilson, Vish«upura»a,V, p. 231 (ed. Hall). 



Digitized by 



Google 



VI, 74- THE ASCETIC. 211 

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, 1, 24. 

72. Regarding the term dhara»a, ' fixed attention,' see Wilson, 
Vishwupurawa, V, p. 237 (ed. Hall), and Jacob, Vedantasara, p. 109. 

Anuvariin 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 Yogafistra. 
Similarly NSr., who (as also Nand.) reads anawvaran, 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 



Digitized by 



Google 



i 1 1 LAWS OF MANtT. 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 
(Medh., Gov., Kull.), or ' the daily rites and those prescribed for 
certain occasions' (NaT., Nand.). ' That state,' i.e. 'the union with 
Brahman' (Gov., Kull., RSgh.), 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.). 



Digitized by 



Google 



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 
opposites), 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., NSr., 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 kriySphalam, ' the reward for 
the act of meditating.' Medh. begins with an explanation similar 
to that of Kull., but he takes finally kriyaphalam in the same sense 
as Gov., N&r., and Nand. Ragh. explains yad etad abhuabditam 
by ' what can be expressed by words.' 

83. 'Which refer to the sacrifice,' i.e. 'the Brahmawas' (Medh., 
Gov., Nand.), or ' the Brahmaveda' (Kull., Nar.), or ' the Karma- 
kaWa,' e.g. ishe tva ur^e tva (Vi^. Sa;«h. I, 1), Ragh. 'Those 
referring to the deities,' i.e. 'Mantras describing the various deities' 
(Medh., Gov.), e. g. Rig-veda VIII, 44, 16 (Gov.). The third class of 
texts mentioned is that of the Upanishads ; but see also Goldstiicker, 
Sansk. Diet, s. v. adhyatma. 



Digitized by 



Google 



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 (bliss 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. 

86. 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 Brahmawa who acts by the 
preceding (rules) to the highest state. 

89. And in accordance with the precepts of the 
Veda and of the Smriti, 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 N&r. assume that they remain householders, while KuIL counts 
them among the ascetics. 

87-93. Ap. II, 23-24; Gaut. Ill, 36; Vas.VIII, 14-16 ; X, 30; 
Baudh. II, 11, 9-34; Vi. LIX, 27-29. 

According to the commentators, the following discussion is intro- 
duced in order to show, (1) that there are four orders only, and 
that the Vedasawnyisika belongs to these, and does not form a 
fifth order, or stand outside the orders ; (2) that as the order of 
the householders is the most distinguished, it is proper that a man 
may continue to live in his house under the protection of his son. 



Digitized by 



Google 



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^as 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. TfhrAih, ' contentment,' means according to Nar., Nand., and 
Ragh. ' firmness of purpose or in the discharge of dirties.' DamaA, 
'self-control,' means according to Medh. and Nand. 'humility;' 
according to Gov. and Nar. ' patience under sufferings ;' according 
to Kull. and Ragh. ' the subjugation of the internal organ.' DMA, 
'wisdom,' means according to Medh. and Gov. 'freedom from 
doubts and errors;' according to Kull. and Ragh. 'knowledge of 
the true meaning of the .Sastras.' Nar. and Nand. read hriA, 
' modesty or shame.' 

94. Vas. X, 26. 

95. 'Having studied the Veda,' i.e. 'the Upanishads' (Kull.). 



Digitized by 



Google 



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 Brahmawas, 
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 Varuwa, of the Moon, and of the Lord of wealth 
(Kubera). 

Gov., Nar., Nand., RSgh., 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 'Brahmawa' is not intended 
to exclude other Aryans ; but according to Gov., Kull., and Ndr. it 
is meant to prescribe that asceticism is permissible for Brihma«as 
alone. 

VII. 2. ' The sacrament,' i. e. ' the initiation' (Medh., Gov., Nar., 
Kull.), or 'the initiation and the rest' (Rlgh.), or 'the sacrament of 
the coronation' (Nand.). The last opinion seems the correct one. 



Digitized by 



Google 



VII, l J. 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' (vfrya). 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. 

11. 'Padma, the goddess of fortune,' must be taken according to 
Nir. 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. 



Digitized by 



Google 



2l8 LAWS OF MANU. VII, 13. 

13. Let no (man), therefore, transgress that law 
which the king decrees with respect to his favourites, j 
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. 

1 5. 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. Y&gri. 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, &4edan£dibhayena vr«kshadisthavara»y 
api phalapushpadidvarewopabhogarthaw sampadyante niyatakalam 
pushpadidanavyavasth&w 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; Ya£& I, 367. 



Digitized by 



Google 



VII, 34. 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 riot 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. Ya^-n. 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.' 



Digitized by 



Google 



220 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 well. 

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 together 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, 96. 26. Gaut. XI, 2. 

27. VishamaA, ' partial' (Ndr.), means according to Gov., KulL, 
and Ragh. ' wrathful.' 

28 'By men with unimproved minds,' i. e. ' who have not learnt 
the -SSstras' (Gov., KulL). 

30-31. Gaut. XI, 4; Ya^T. I, 308-309, 354. 



\ 



Digitized by 



Google 



VII, 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 rigour chastise his enemies, behave without 
duplicity towards his friends, and be lenient towards 
Brahma»as. 

33. 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 (varaa) 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 Brahmawas who are well versed in the 
threefold sacred science and learned (in polity), and 
follow their advice. 

38. Let him daily worship aged Brahma«as 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.). Satyasa/wdha,' faithful to 
his promise' (Gov., Kull, R&gh.), means according to Medh. ' who 
cares for truth alone.' 

32. Vi. Ill, 96; Ya^n. I, 333. 33. Vi. Ill, 97. 
37-38. Vi. Ill, 76-77. 



y 



Digitized by 



Google 



222 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 Prithu 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., Nir., R&gh., and K., SudtW pai^a- 
vanar Jaiva, instead of Sud&so yavanaj yfaiva (Kull.). Nand. lias 
Vai^avana, a mere clerical mistake. As Medh. remarks, the legends 
regarding the worthies mentioned here occur in the MahSbMrata. 

42. The son of G&dhi, i.e. Virvimitra; see Muir, Original 
Sanskrit Texts, I, p. 83 seqq. 

43. Gaut. XI, 3; Y&gn. I, 310. N&r. takes invfkshiklw £4t- 
mavidyim to mean * and the science of dialectics, i. e. the Ny&ya, 
SSmkhya, and so forth, which is useful for obtaining final libera- 
tion.' Medh. too is not certain if Snvlkshikl is to be taken by itself, 
but proposes ' the science of dialectics which will be useful to him.' 

45-48. Vi. Ill, 50-51. 



\ 



Digitized by 



Google 



VII, 5 J. 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, censori- 
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 StmanaA 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 . . .).' 



Digitized by 



Google 



224 LAWS OF MANU. VII, 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 ; YSjgTt. I, 311. Labdhalakshan, 'skilled in the 
use of weapons' (Kull., Nar.), means according to Medh., Gov., 
Nand., and Ragh. 'who fail not in their undertakings.' Part- 
kshitan (Gov., Kull., and K.), or supartkshitan (Medh., N&r.), ' 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 bun tu, ' but,' of 
the editions. 

56. YSgn. I, 31 1. Sthana means according to Gov., Kull., N,ar., 
Ragh. ' the army, the treasury, the town, and the kingdom ;' accord- 
ing to Medh. either that or 'the loss of his kingdom ;' according to 
Nand. ' halting' (isana). 



Digitized by 



Google 



VII, 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. 

63. 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. Ya^n. I, 311. 

60. N&r. mentions kulodgatan, ' of noble families/ as a var. lect. 
for avasthitin, ' firm.' 

62. Vi. Ill, 18, ai. Medh. refers karmSnta, literally 'manage- 
ment,' to 'sugar-mills, distilleries, and so forth ;' Gov. and Kul'. 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 fikarakarmante may mean 'for superintending mines 
and manufactories.' Akara has very frequently that double meaning. 

E*5] Q 



Digitized by 



Google 



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., RSgh.), means according to 
Kull. ' who is beloved among the people.' 

66. Instead of bhidyante yena vi na v£, * by which (kings) are 
disunited or not' (Kull., Ragh.), Medh., Nand., and K. read bhid- 
yante yena manav&A, and Gov. bhidyante yena bandhavdA, ' by 
which men or relatives are disunited.' 

67. Nigurfj4engita£esh/itaM, ' 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).' 



Digitized by 



Google 



VII, 74- THE KING. 227 

69. Let him settle in a country which is open and 
has a dry climate, where grain is abundant, which is 
chiefly (inhabited) by Aryans, not subject to epi- 
demic diseases (or similar troubles), and pleasant, 
where the vassals are obedient and his own (people 
easily) find their livelihood. 

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. 

73. 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; Y&gii. 1, 320. The fuH definition of g&hgalaA, 
' which is open and has a dry climate,' is, according to a verse 
quoted by Gov., Ragh., and Kail.,' That country is called j-angala, 
which has little water and grass, where strong breezes prevail, the 
heat is great, where grain and the like are abundant.' AnSvila, ' not 
subject to epidemic diseases (or similar troubles),' (Kull. and Ragh.), 
means according to Medh. ' where the people are not quarrelsome ; ' 
according to N&r. and Nand. 'free from defilement such as a mix- 
ture of the castes.' 

70. Vi. Ill, 6. 

Q 2 



Digitized by 



Google 



228 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. 

•j J. Inhabiting that, let him wed a consort of 
equal caste (varaa), 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 (rit\ig); they shall 
perform his domestic rites and the (sacrifices) for 
which three fires are required. 

79. A king shall offer various (*SVauta) sacrifices 
at which liberal fees (are distributed), and in order 



75. YantraM, ' with engines,' i.e. 'with catapults and so forth* 
(kshepyddibhiA, NSr.), or 'made of iron and so forth' (Rlgh.). 

76. Ap. II, 25, 2-3. Sarvartukam, 'habitable in every season' 
(Nlr., 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 ; Ya^n. I, 312-313. Medh., Gov., Righ., and K. read, as 
the sense requires, rilvigaA, ' officiating priests,' while Kull. alone 
gives the singular. 

79. Ap. II, 26, 1; Vi. Ill, 81, 84 ; YSfft. I, 314. * Enjoyments,' 
i. e.'garlands, perfumes, unguents, and so forth' (Medh.), or ' houses, 
couches, and so forth' (Gov., Righ.), or * gold, clothes, &c.' (Kull.), 
or ' wives, houses, clothes, and so forth' (N&r.), or ' cows and 
buffalos' (Nand.). 



Digitized by 



Google 



VII, 85. THE KING. 229 

to acquire merit, he shall give to Brahmawas 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. 

82. 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«a (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&gii. 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. Ya^n. I, 314. 

84. Vas. XXX, 7 ; Ya^n. I, 315. Na vyathate, ' nor falls (on the 
ground),' (Gov., Nar.), means according to KulL ' nor is dried up.' 
Medh. reads fyavate, ' falls (on the ground),' and Nir. 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«apamfita 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 



Digitized by 



Google 



23O LAWS OF MANU. VII, 86. 

read Brahmawa, 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 Brahmawas, 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. 

90. When he fights with his foes in battle, let him 
not strike with weapons concealed (in wood), nor 
with (such as are) barbed, poisoned, or the points 
of which are blazing with fire. 

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 Brahmaxa/ Medh., 
Gov., Nar., and K. read aHrye, ' to the teacher,' and Nand. frotriye, 
'to a Srotriya.' Moreover, Gov., K., and Nand. have sahasra- 
gunam or sahasram . . danam, ' a thousandfold reward.' 

87-89. Ap. II, 26, 2 ; Gaut. X, 16; Baudh. I, 18, 9; Vi. Ill, 
43*45 ; Ya^l. I, 322-323. 

90. Baudh. I, 18, 10. Ko/aLi, ' concealed (in wood),' (Medh., 
Gov., Kull., Nar., Ragh.), means according to Nand. ' treacherous.' 

91-93. Ap. II.io, 11; Gaut. X, 18; Baudh.1, 18,11; Ya^fl. 1,325. 

91. Sthalarut/iiam, ' one who (in flight) has climbed on an emi- 
nence' (Nar.), means according to Medh., Kull., and Ragh. 'one 



Digitized by 



Google 



VII, 97- THE KING. 



climbed on an eminence, nor a eunuch, nor one who 
joins the palms of his hands (in supplication), nor 
one who (flees) with flying hair, nor one who sits 
down, nor one who says ' I am thine ;' 

92. Nor one who sleeps, nor one who has lost his 
coat of mail, nor one who is naked, nor one who is 
disarmed, nor one who looks on without taking part 
in the fight, nor one who is fighting with another (foe); 

93. Nor one whose weapons are broken, nor one 
afflicted (with sorrow), nor one who has been griev- 
ously wounded, nor one who is in fear, nor one who 
has turned to flight ; (but in all these cases let him) 
remember the duty (of honourable warriors). 

94. But the (Kshatriya) who is slain in battle, 
while he turns back in fear, takes upon himself all 
the sin of his master, whatever (it may be) ; 

95. And whatever merit (a man) who is slain in 
flight may have gained for the next (world), all that 
his master takes. 

96. Chariots and horses, elephants, parasols, 
money, grain, cattle, women, all sorts of (market- 
able) goods and valueless metals belong to him who 
takes them (singly) conquering (the possessor). 

97. A text of the Veda (declares) that (the 
soldiers) shall present a choice portion (of the booty) 
to the king ; what has not been taken singly, must 
be distributed by the king among all the soldiers. 

who has alighted on the ground,' i. e. ' while the assailant stands on 
his chariot.' 

92. Medh. mentions a var. lect. bhagnam, ' who is broken' (?), 
for nagnam, ' who is naked.' 

94-95. Ya£n. I, 324. 9 6 ~97- G 3Ut - x - ao-23. . 

97. According to the commentators the Vedic text alluded to 
is Aitareya-brahmawa III, 21. 



f 



Digitized by 



Google 



232 LAWS OF MANU. VII, 98. 

98. Thus has been declared the blameless, primeval 
law for warriors ; from this law a Kshatriya must not 
depart, when he strikes his foes in battle. 

99. Let him strive to gain what he has not yet 
gained; what he has gained let him carefully pre- 
serve ; let him augment what he preserves, and 
what he has augmented let him bestow on worthy 
men. 

100. Let him know that these are the four means 
for securing the aims of human (existence) ; let him, 
without ever tiring, properly employ them. 

101. What he has not (yet) gained, let him seek 
(to gain) by (his) army ; what he has gained, let him 
protect by careful attention ; what he has protected, 
let him augment by (various modes of) increasing 
it ; and what he has augmented, let him liberally 
bestow (on worthy men). 

102. Let him be ever ready to strike, his prowess 
constantly displayed, and his secrets constantly con- 
cealed, and let him constantly explore the weaknesses 
of his foe. 

103. Of him who is always ready to strike, the 
whole world stands in awe ; let him therefore make 
all creatures subject to himself even by the employ- 
ment of force. 

104. Let him ever act without guile, and on no 

99. YZgfi,. I, 316; Vas. XVI, 6. 

1 01. Medh., Gov., Ragh., Nand., and K. read at the end of the 
verse pStreshu nikshipet, ' let him bestow on worthy recipients,' and 
this may have been Kull.'s reading too. 

102. Nityam udyatada/afaA sy&t, 'let him be always ready to 
strike' (Nir., Nand.), means according to Medh., Gov., and Kull. 
'.let him keep his army always ready or exercised.' 

104. I read with Gov., Nlr., Nand., Ragh., and K., susamvrit&h, 
' carefully guarding himself.' Medh. reads atandrit&i, ' untired.' 



Digitized by 



Google 



VII, 113. THE KING. 233 

account treacherously; carefully guarding himself, 
let him always fathom the treachery which his foes 
employ. 

105. His enemy must not know his weaknesses, 
but he must know the weaknesses of his enemy ; as 
the tortoise (hides its limbs), even so let him secure 
the members (of his government against treachery), 
let him protect his own weak points. 

106. Let him plan his undertakings (patiently 
meditating) like a heron; like a lion, let him put 
forth his strength ; like a wolf, let him snatch (his 
prey); like a hare, let him double in retreat. 

107. When he is thus engaged in conquest, let 
him subdue all the opponents whom he may find, 
by the (four) expedients, conciliation and the rest. 

108. If they cannot be stopped by the three first 
expedients, then let him, overcoming them by force 
alone, gradually bring them to subjection. 

109. Among the four expedients, conciliation and 
the rest, the learned always recommend conciliation 
and (the employment of) force for the prosperity of 
kingdoms. 

no. As the weeder plucks up the weeds and 
preserves the corn, even so let the king protect 
his kingdom and destroy his opponents. 

in. That king who through folly rashly oppresses 
his kingdom, (will), together with his relatives, ere 
long be deprived of his life and of his kingdom. 

112. As the lives of living creatures are destroyed 
by tormenting their bodies, even so the lives of kings 
are destroyed by their oppressing their kingdoms. 



106. The position of the second and fourth clauses is interchanged 
according to Medh., Gov., Nand. 



Digitized by 



Google 



234 LAWS OF MANU. VII, 1 13. 

113. In governing his kingdom let him always 
observe the (following) rules ; for a king who governs 
his kingdom well, easily prospers. 

114. Let him place a company of soldiers, com- 
manded (by a trusty officer), in the midst of two, 
three, five or hundreds of villages, (to be) a protec- 
tion of the kingdom. 

115. Let him appoint a lord over (each) village, 
as well as lords of ten villages, lords of twenty, lords 
of a hundred, and lords of a thousand. 

ri 6. The lord of one village himself shall inform 
the lord of ten villages of the crimes committed in 
his village, and the ruler of ten (shall make his re- 
port) to the ruler of twenty. 

117. But the ruler of twenty shall report all such 
(matters) to the lord of a hundred, and the lord of 
a hundred shall himself give information to the lord 
of a thousand. 

118. Those (articles) which the villagers ought 
to furnish daily to the king, such as food, drink, and 
fuel, the lord of one village shall obtain. 

114. Kull. says, ' in the midst of two, three, or five hundred vil- 
lages.' Ndr. remarks that the plural 'hundreds' is used in order 
to leave the number doubtful. It is, however, not impossible that 
here, as elsewhere in ancient Sanskrit, ratinam means 'a hundred.' 
Medh. explains sawgraha, ' protection,' by ' an official,' or ' a royal 
granary.' Gov. states correctly that the pickets mentioned are the 
so-called Sthlnakas, the TAin&s of modern India. 

115-124. Ap. II, 26, 4-5; Vi. Ill, 7-15; Y&giL I, 337. 

116. The rule refers, as Medh., Gov., Kull., and Ragh. remark, 
to offences with which the persons who report them, are unable to 
deal. Nar. thinks that chiefly refusals to pay the revenue or dis- 
putes on such matters are meant. 

n 8. The lord of one village is apparently the modern Pa/tl, the 
Pa/foktla or Gramaku/a of the inscriptions, and the articles to be 
furnished to him the so-called 'haks.' The other officials correspond 



Digitized by 



Google 



Til, 134. THE KING. 235 

119. The ruler of ten (villages) shall enjoy one 
kula (as much land as suffices for one family), the 
ruler of twenty five kulas, the superintendent of 
a hundred villages (the revenues of) one village, 
the lord of a thousand (the revenues of) a town. 

120. The affairs of these (officials), which are 
connected with (their) villages and their separate 
business, another minister of the king shall inspect, 
(who must be) loyal and never remiss ; 

121. And in each town let him appoint one super- 
intendent of all affairs, elevated in rank, formidable, 
(resembling) a planet among the stars. 

122. Let that (man) always personally visit by 
turns all those (other officials) ; let him properly 
explore their behaviour in their districts through 
spies (appointed to) each. 

123. For the servants of the king, who are 
appointed to protect (the people), generally become 
knaves who seize the property of others ; let him 
protect his subjects against such (men). 

124. Let the king confiscate the whole property of 

to the modem Naib-subas, Subas, or Mahalkarfs, Mamlatdars, and 
so forth, and to the Vishayapatis, Rash/rapatis, Ra^asthaniyas, Ac. of 
the inscriptions. 

119. Kulam, '(as much land as suffices for one) family,' is really 
a technical term which Medh. explains by ghaw/a, a term known 
' in some districts.' Gov., Kull., Nar., and Ragh. state that it is the 
double of a ' middling plough,' i. e. as much as can be cultivated 
with twelve oxen, while Nand. interprets it by * the share of one 
cultivator.' 

1 20. Nar. explains prrthakkiryam, 'separate affairs,' by ' quarrels 
among each other;' Nand. by * the separate affairs of the villagers.' 
Snigdh&A, ' loyal' (Kull., Ragh.), means according to Medh. ' im- 
partial' 

121. Graham, ■• a planet' (Kull., RSgh.), or 'the planet Mars' 
(Medh.), or 'the sun' (Gov.), or ' the moon' (Nar.). 



Digitized by 



Google 



236 LAWS OF MANU. VII, 125. 

those (officials) who, evil-minded, may take money 
from suitors, and banish them. 

125. For women employed in the royal service 
and for menial servants, let him fix a daily main- 
tenance, in proportion to their position and to their 
work. 

126. One pa#a must be given (daily) as wages 
to the lowest, six to the highest, likewise clothing 
every six months and one drowa of grain every 
month. 

127. Having well considered (the rates of) pur- 
chase and (of) sale, (the length of) the road, (the 
expense for) food and condiments, the charges of 
securing the goods, let the king make the traders 
pay duty. 

128. After (due) consideration the king shall 
always fix in his realm the duties and taxes in 
such a manner that both he himself and the man 
who does the work receive (their due) reward. 

129. As the leech, the calf, and the bee take 
their food little by little, even so must the king 
draw from his realm moderate annual taxes. 

1 30. A fiftieth part of (the increments on) cattle 

126. 'One pa*a;' see below, VIII, 136. 'A dro«a,' i.e. 'four 
&/Aakas* (Medh., Kull., Ragh.), or ' 512 palas' (Gov.) ; see below, 
VIII, 135. Gov., Kull., Nar., and Ragh. state that the highest ser- 
vants shall receive six times as much grain and clothes as the 
lowest, and they add that the middle-class servants, of course, 
receive three times as much as the lowest. 

127. ' The food and condiments,' i.e. 'what is consumed by the 
people employed by the merchants.' According to Kull. and Nar., 
yoga means ' the net profits,' and kshema ' the charges for securing 
the goods against robbers and so forth.' According to Medh., Gov., f 
and Ragh., the whole compound denotes the latter charges alone. / 

130-132. Ap. II, 26,9; Gaut. X, 24-27; Vas. XIX, 26-27; 
Baudh. I, 18, 1, 13, 15; Vi. Ill, 22-25, 29 _ 3 ' 



V 

t 



Digitized by 



Google 



VII, 137- THE KING. 237 

and gold may be taken by the king, and the eighth, 
sixth, or twelfth part of the crops. 

131. He may also take the sixth part of trees, 
meat, honey, clarified butter, perfumes, (medical) 
herbs, substances used for flavouring food, flowers, 
roots, and fruit ; 

132. Of leaves, pot-herbs, grass, (objects) made 
of cane, skins, of earthen vessels, and all (articles) 
made of stone. 

133. Though dying (with want), a king must not 
levy a tax on .Srotriyas, and no .Srotriya, residing 
in his kingdom, must perish from hunger. 

134. The kingdom of that king, in whose domi- 
nions a .Srotriya pines with hunger, will even, ere 
long, be afflicted by famine. 

135. Having ascertained his learning in the Veda 
and (the purity of) his conduct, the king shall pro- 
vide for him means of subsistence in accordance with 
the sacred law, and shall protect him in every way, 
as a father (protects) the lawful son of his body. 

136. Whatever meritorious acts (such a Brah- 
ma«a) performs under the full protection of the 
king, thereby the king's length of life, wealth, and 
kingdom increase. 

137. Let the king make the common inhabitants 
of his realm who live by traffic, pay annually some 
trifle, which is called a tax. 



132. Medh. and Kull. add ' from the profits (made on the seven- 
teen articles enumerated).' 

133. Ap. II, 26, 10; 25, n; Gaut. X, 9; Vas. XIX, 23 ; Vi. 
HI, 26, 79. 

I35-I36- Ya^tf. Ill, 44. 

137. Pn'thaggunaw, 'the common inhabitants,' i. e. small dealers 
in vegetables, leaves, and so forth (Kull., Ragh.), or in cakes (Gov.). 



Digitized by 



Google 



238 LAWS OF MAKU. VH, 138. 

138. Mechanics and artisans, as well as .Sudras 
who subsist by manual labour, he may cause to 
work (for himself) one (day) in each month. 

1 39. Let him not cut up his own root (by levying 
no taxes), nor the root of other (men) by excessive 
greed; for by cutting up his own root (or theirs), 
he makes himself or them wretched. 

140. Let the king, having carefully considered 
(each) affair, be both sharp and gentle ; for a king 
who is both sharp and gentle is highly respected. 

141. When he is tired with the inspection of the 
business of men, let him place on that seat (of 
justice) his chief minister, (who must be) acquainted 
with the law, wise, self-controlled, and descended 
from a (noble) family. 

142. Having thus arranged all the affairs (of) 
his (government), he shall zealously and carefully 
protect his subjects. 

143. That (monarch) whose subjects are carried 
off by robbers (Dasyu) from his kingdom, while 
they loudly call (for help), and he and his ser- 
vants are (quietly) looking on, is a dead and not 
a living (king). 

144. The highest duty of a Kshatriya is to pro- 
tect his subjects, for the king who enjoys the 
rewards, just mentioned, is bound to (discharge 
that) duty. 

145. Having risen in the last watch of the night, 
having performed (the rite of) personal purification, 

138. Gaut. X, 31 ; Vas. XIX, 28 ; Vi. Ill, 3a. 

141. Vj. Ill, 73-74; Ya£ra. II, 1-3. Medh. reads fantam, 'of 
a tranquil disposition,' for pra^roam, ' wise.' 

142-144. Ap. II, 10, 6 ; Gaut. X, 7-8 ; Vas. XIX, 1 ; Baudb. I, 
18, 1 ; Vi. Ill, 1 ; Ya^«. I, 334~335- 



Digitized by 



Google 



VII, 153. THE KING. 239 

having, with a collected mind, offered oblations in the 
fire, and having worshipped Brahma#as, he shall enter 
the hall of audience which must possess the marks 
(considered) auspicious (for a dwelling). 

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. 

1 50. (Such) despicable (persons), likewise animals, 
and particularly women betray secret council ; for 
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. Ya^jl. I, 343. 

147. Ni/dsalake, 'solitary' (Nar., KulL, Rlgh.), 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.). 



Digitized by 



Google 



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 NftMstra 
of Usanas, by Gov., Kull., N£r., 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.). Nir. and 
Nand. explain paw&varga by '■ the collection of the five (requisites 
for an undertaking).' Regarding 'the circle,' see the following 
verses. 

155-159- v »- ni, 38; YSgn. 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 Klmandaki, Nftisara VIII, 18, 
which passage the commentators quote. ' The foe ' may be of three 



Digitized by 



Google 



VII, 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 Polity) 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). 

1 58. 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. 

1 59. 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 (gu«a, viz.) alliance, war, marching, 
halting, dividing the army, and seeking protection. 

16 1. 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 Kimandaki 

VIII, 16-17, (a) >n front beyond the foe's territory, 1. a friend, 
2. the foe's friend, 3. the friend's friend, 4. the foe's friend's friend; 
(b) in the rear, 1. he who attacks in the rear (p£rsh«igra1ia), 2. he 
who restrains the latter (ikranda), 3, 4. the supporters of these two. 
All the commentators except Medh. quote KSmandaki more or less 
correctly. K&mandaki 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 Minavas. 

160-161. Vi. Ill, 39 ; Y&gn. I, 345~34 6 ' 
[»5] R 



Digitized by 



Google 



242 LAWS OF MANU. VII, 162. 

alliance or war, dividing his forces or seeking pro- 
tection (as the case may require). 

162. But the king must know that there are two 
kinds of alliances and of wars, (likewise two) of both 
marching and sitting quiet, and two (occasions for) 
seeking protection. 

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 
waged 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 gaWMvaA samanaphalabhd- 
gitaya - na £a tvayiham uttambhanfyo yatnato lipsite tatas tava 
bhago bhavishyati). Nar. thinks that the adjective tadatvayatisara- 
yuktaA, 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«apakr*te (which Gov. has 
adopted), with the following explanation, ' and that waged out of 
season when the enemy has been weakened by an ally.' Gov. 
agrees with this latter view except that he takes ak&le with the first 
clause. The other commentators give the explanation adopted in 
the translation. 



Digitized by 



Google 



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). 

169. 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 

1 66. Purvakntena, ' 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- 
dhtbhava. Nand.'s whole explanation consists of this quotation. 

170. I read with all the commentators and K., prahn'sh/a instead 
of prakr»'sh/a (editions). 

R 2 



Digitized by 



Google 



244 LAW S 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. 

1 76. 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). 

1 79. 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. 



176. I read with Gov. and K. sa yuddham instead of suyuddham 
(Medh., Kull, Ragh., Nand.), ' let him fight bravely.' 



Digitized by 



Google 



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 Margartrsha, or towards the months of 
Phalguna and Aaitra, 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. 

1 84. 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; YSgii. I, 347. 'Fine,' i.e. 'when fodder and 
grain are abundant and the roads dry' (Gov., Kull., Rdgh.). 
MSrgaxlrsha, i. e. November-December ; PhSlguna, i. e. February- 
March ; JTaitra, 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., RSgh.), or ' having established a camp 
in the country which he intends to attack' (N&r.). 

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' (^ingalanflpS/avika), (Medh., Gov., Kull., Righ., 
Nand.). Nir. 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 



Digitized by 



Google 



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) like a staff (i.e. in an oblong), or like a waggon 
(i. e. in a wedge), or like a boar (i. e. in a rhombus), 
or like a Makara (i.e. in two triangles, with the apices 
joined), or like a pin (i. e. in a long line), or like a 
Garuda (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., Ndr., and 
R&gh. Medh. says that the king shall leave the town with his army 
in the lotus-array, and Kull. speaks of a ' feigned encampment' 
(kapa/aniveranam 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. 



Digitized by 



Google 



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, Pa»- 
/fcalas, and those born in .Surasena, 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. Nir. explains gulman, 'troops of soldiers/ by gulmade- 
rasthan, '(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.) ; Pan£alas, i. e. the inhabitants of Kanyakub^a (Ka- 
TkOg) ; Surasenas, i. e. the inhabitants of the country near Mathura 
(AhLMatra, Gov.). 



Digitized by 



Google 



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; Ya^w. I, 342, 348-351- 
201. ' The gods,' i. e. of the conquered country. Pariharsin, 
' exemptions,' i. e. ' from taxes and dues for a year or two' (Medh., 
Nand.), means according to Gov. 'gifts to .Srotriyas and others' 
(.rrotriy£digat£varyadaneshu mayaitad anu^natam ity evam); ac- 
cording to Kull. 'gifts to gods and Brahmanas;' according to Nar. 
♦Agraharas or villages presented to Brahmawas;' according to 
Ragh. ' gifts of clothes and ornaments to the inhabitants.' The 
term parihara occurs very frequently in the inscriptions (see e. g. 
Arch. Reports of Western India, vol. iv, p. 104 seq.), and means, 
as the details adduced there show, 'exemption from taxes and pay- 
ments as well as other immunities.' These pariharas were regularly 
attached to all grants to Brahmanas or temples. In our passage a 
general temporary remission of the taxes is probably intended. 



Digitized by 



Google 



VII, 407. THE KING. 




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 ordering of fate and on human exertion ; 
but among these two (the ways of) fate are unfathom- 
able ; in the case of man's work action is possible. 

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. Yigii. I, 348. 'Action,' i.e. 'careful investigation,' hence 
one should strive to attain one's ends by exertion (Gov., KulL), or 
'remedial action' (pratikriyfi, Nar.), or 'an effort' (purushakSra, 
Ragh.). Nand. takes the last clause differently, 'if there is a 
human effort, the action of fate takes place' (manushe purushakare 
sati daivasya kriyi 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 211 is partly given. 

207. The meaning of the verse is according to Gov., KulL, and 



Digitized by 



Google 



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 Nfti 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 paTshmgraha, 
who is technically called the akranda and may be supposed to be 
inclined to check the parshwigraha. 

208. Y&gii. I, 351. 

an. Sthaulalakshyam, 'great liberaIity'(Kull.,Nar.,Ragh.,Nand.) > 
is explained, as KulL asserts, by Medh. and Gov. 'being not sharp- 
sighted.' The Government copy of Gov. has, however, just the 
contrary, sukshmadamtvam. Medh.'s explanation is not deci- 
pherable. 



Digitized by 



Google 



VII, 2i8. THE KING. ' 25 1 

213. For times of need let him preserve his wealth ; 
at the expense of his wealth let him preserve his 
wife ; let him at all events preserve himself even by 
(giving up) his wife and his wealth. 

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. Having thus consulted with his ministers 
on all these (matters), having taken exercise, and 
having bathed afterwards, the king may enter the 
harem at midday in order to dine. 

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 destroy 
poison. 

215. 'The person who employs the expedients,' i.e. 'himself 
(Gov., Kull., NSr., RSgh.); 'his minister or the like' (Nand.). 
Ajritya, 'let him ponder on' (manasS bal&bal&didv£ra' nisiitya, 
NSr., RSgh.), means according to Medh., Gov., Kull. 'let him 
depend on.' 

217-220. Vi. Ill, 85,87-88; Yigri. I, 326. 

218. Medh., Gov., Nir., and Nand. read ne^ayet, and RSgh. so- 
dhayet, ' let him purify,' instead of yo^ayet (Kull., K.), ' let him mix.' 
Na>. explains niyataA (Medh., N&r., RSgh.) or prayataA, 'careful' 
(yatnav&n, Gov., Kull., RSgh.), by ' being pure.' 



Digitized by 



Google 



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 fatigue. 

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. Y&gn. I, 329. 'Of those who make secret reports,' i. e. 
' of the ministers and the rest' (NSr.), or ' of citizens who may have 
come* (Medh.). 

225. Y%n. I, 330. ' Something,' i. e. ' not too much.' 



Digitized by 



Google 



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, r aising his 
righ t 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. 1. Vi. Ill, 72; Y%». I, 359; II, 1; 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 SSstras' (Medh., Gov., 
KulL, Nar.). 

4. ' Non-payment of debts' (r/«asya addnam, Ndr., Nand.) may 
also be translated ' recovery of debts' (r*'«asya adanam). 



Digitized by 



Google 



254 LAW S OF MANU. VIII, j. 

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 Br£hma»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). 

1 3. 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. VyavaMrasthitau, ' which give rise to lawsuits' (Gov.), means 
according to N&r. ' in deciding lawsuits.' 

8. The word ' mostly' is intended to show that there are other 
titles besides, as NSrada declared (Medh., Gov., Kull., N&r., Rlgh.). 
Nand. omits this verse. 

9. Vi. Ill, 73 ; YSgn. II, 3 ; Gaut. XIII, 26 ; Vas. XVI, 2. 

10. Medh. says ' by (at least) three assessors.' 

13. 'Must not be entered,' i.e. 'for the purpose of deciding 
causes' (Gov., Kull., Righ.). But the further details show that the 
verse is intended as a general maxim, applicable to witnesses also. 



Digitized by 



Google 



VIII, 30. 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 
(yrisha) ; that (man) who violates it (kurute 'lam) 
the gods consider to be (a man despicable like) a 
^udra (vnshala) ; 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«a who subsists only by the name 
of his caste (^ati), or one who merely calls himself 
a Brahmawa (though his origin be uncertain), may, 
at the king's pleasure, interpret the law to him, but 
never a .Sudra. 

15. This admonition must be addressed by the assessors to a 
judge who acts against the law (Gov., Kull, Ragh.). Nand. reads 
va4, ' you,' instead of noA, ' us.' 

18. Gaut. XIII, 11; Baudh. 1,19, 8. SabhfisadaA, ' 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 Br&hmana descent, who neither studies nor performs any other 



Digitized by 



Google 



256 LAWS OF MANU. VIII, 31. 

21. The kingdom of that monarch, who looks on 
while a .Sudra 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., Rlgh.),or 'one who has not 
been initiated' (Nar.). BrahmanabruvaA', 'one who merely calls 
himself a Brahma«a (though his origin be doubtful,' KulL, Rdgh.), 
means according to Nar. 'an initiated Brahma«a who does not 
study the Veda.' Medh. and Gov. take the two terms as referring" 
to one person only, 'Even a despicable Brahmana, 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 .Sudra is emphatically forbidden, Kshatriyas and 
VaLryas may be employed in cases of necessity. 

22. .Sudrabhuyish/Aam, 'where Sudras are very numerous' (Gov., 
KulL, RSgh.), means according to Medh. 'where Sudras mostly 
decide the law -cases,' according to Nand. 'where .Sudras are 
mostly employed in high offices.' Nar. adds that each of the 
blemishes enumerated is sufficient to cause destruction. 

24. Medh. and Righ. 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.' NSr. 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-« 



Digitized by 



Google 



Vni, 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 Righ. by 
' what will protect the people' and ' what will destroy them.' 

25-26. Yi^n. II, 15. 

35. Gov. omits svara, ' voice,' and writes mukha, ' by the colour 
of the face.' Ihgita, ' motions,' i e. 'trembling, horripilation, &c.' 
(Medh., Gov., Rlgh.), or ' looking down, &c.' (Kull.), or ' unin- 
tentionally moving the arms, &c.' (N£r.). Akdra, 'aspect,' i.e. 
' pallor, &c.' (Gov.), or ' sweating, horripilation, &c.' (Kull., Nir.). 
Medh. and Righ, take fikSra to mean 'the manner' of the voice, &c, 
not as a separate class of signs. iTesh/ita, ' gestures,' i. e. ' moving, 
wringing the hands, &c.' (Gov., Kull., Ragh.), or ' intentional move- 
ments' (NSr.). 

27-29. Gaut. X, 48; Vas. XVI, 8; Vi. Ill, 65. 

27. 'The minority ends with the sixteenth year' (Kull., NSr.); 
see Nirada 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 

[25] s 



Digitized by 



Google 



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 ; Y&gn. 

II, 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 



Digitized by 



Google 



VIII, 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). 

37. 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#as 
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 5 v » s - HI, 13-M; Vi. Ill, 56-64; 
Yign. 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., Righ.). 

37. Medh., Gov., NSr. take, as Kull. points out, most improperly 
purvopanihitam, ' deposited in former times,' to mean ' deposited by 
his ancestors.' The parallel passages of Vishmi and others are 
perfectly clear on the point 

39. I take the last clause, which might also be translated ' (and) 

S 2 



Digitized by 



Google 



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 (g&ti), 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 (bhumi) ; it is just that a share should 
be given to him of that which is found in the soil belonging to him 
(tadiyayi bhuvo yallabdham).' 

40. Ap. II, 26, 8 ; Gaut. X, 46-47 ; Vi. Ill, 66-67 5 Ya#*. II, 
36. I.e. 'if he recovers it' (Medh., Gov., Kull., N£r., Ragh., 
Nand.). Medh. reads £aurfhn'tam, and mentions another reading, 
fourahrrtam, 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, 1; Gaut XI, 20; Vas. XIX, 7; Baudh. I, 2, 1-8 ; 
Vi. Ill, 3 ; Ya^n. I, 360. Giti, ' castes,' i. e. ' Brahmanas and so 
forth' (Kull, NSr., Ragh., Nand.). Ganapada, ' the laws of districts, 
e. g. of the Kuru, Klri or Klrmfra countries' (Medh.), or 'of certain 
districts' (dera, Gov., Kull., R&gh.), or ' of the inhabitants of one 
and the same village' (Nar.). Medh. gives also other explanations 
of the compound ^iti^inapadan, ' of local castes ' or ' natives of 
different countries.' .Srewi,' guilds,' i. e. ' of merchants, &c.' (Medh. 
Kull., NSr., Ragh.), or ' of merchants and husbandmen, &c.' (Gov.), 
or ' of merchants and actors, &c.' (Nand.). Ragh. reads paripalayet, 
' and protect the peculiar law of each.' It must, of course, be under- 
stood that the customs are not opposed to the sacred law (Medh., 
Gov., Kull., Ragh.). 

43. Gaut. XIII, 27. ' (Some) other (man),' i. e. ' the plaintiff' 



Digitized by 



Google 



VIII, 46. CIVIL AND CRIMINAL LAW. 26 1 

themselves cause a lawsuit to be begun, or hush up 
one that has been brought (before them) by (some) 
other (man). 

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 Kull. 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' (Nar., 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., 
R£gh.). 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. Banlras, and the time (e. g. of a famine) where and when the 
offence has been committed, and which may make the case lighter 
or heavier' (Medh., Ragh.), or ' the customs of the country and 
what is befitting the time ' (Nar.), or ' the place where the offence was 
committed and the age of the offender' (Gov.). Rupam, ' the aspect,' 
i. e. ' the nature of the object' (Medh., Nand.), or ' the nature of the 
case' (Kull.), or 'the looks of the parties' (Medh. 'others,' Gov, 
Nar., Ragh.). 

46. Thus Kull., Nar., Ragh., and Nand. But Medh. takes the 
verse differently, ' What has been practised by the virtuous and by 



Digitized by 



Google 



262 LAWS OF MANU. VIII, 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 Smti and 
Smri'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. Vyavahtrewa, 'by suit of law' (Gov., Kull., NSr.), or 'by 
threatening a lawsuit' (Nand.), or ' by forced labour' (Medh.), or ' by 
a forcible sale of property' (Righ.). A^arita, ' the customary pro- 
ceeding,' i. e. ' by killing one's wife, children, and cattle, and sitting 
at the debtor's door.' B/Yhaspati, quoted by Kull. and Ragh., or 'by 
fasting' (Gov.), or 'by the creditor's starving himself to death' 
(N&r.). This custom corresponds to the so-called priyopaverana, 
or Dharwa, and to the Traga of the bards. 

50. Vi. VI, 19; Ya^w. II, 40. 

51. 'In this case self-help must not be used' (Medh.). Regard- 
ing the amount of the fine, see below, verse 139. 



Digitized by 



Google 



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, 

8 

52. Instead of dejyam, ' (a witness) who was present (when the 
loan was made,' K., Ragh., Kull), Medh., Gov., Ntr., and Nand. 
read deram, ' (must point out) the place.' 

53-56. Ya^n. II, 16. 

53. Medh., Gov., NaT., and Nand.. read apadexam, ' a wrong or 
impossible place,' instead of adexyam, 'a witness not present.' 
Kull. reads according to the editions, ' adefyam,' but his explanation 
agrees with the other reading. 

54. Pranihitam, ' 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.). 



/■ 



Digitized by 



Google 






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 
• v \ punished corporally or fined according to the law ; 

if (a defendant) does not plead within three fort- 
^ nights, 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, Vai^yas, or -Sttdras, 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. Ya^w. II, 59. 

60. Thus Gov., Kull., R&gh., but the last words may also mean 
' in the presence of the king and of the Brihmawas.' 

61-72. Ap.11,29,7; Gaut. XIII, 1-4; Vas. XVI, 28-30; Baudh. 
1, 19, 13; VLVIII, 7-9; Y&gn. II, 68-72. 

62. Medh. and N&r. 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. 



Digitized by 



Google 



VIII, 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 i 
have an interest in the suit, nor familiar (friends), i 
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). 

J 65. The king cannot be made a witness, nor 
mechanics and actors, nor a .Srotriya, nor a student v 
of the Veda, nor (an ascetic) who has given up (all) I 
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 Rdgh. ' 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.' SahSya, ' compa- 
nions,' i.e. ' sureties and the like' (Medh.), or 'servants '(Kull., Ndr.). 
Drj'sh/adosha, ' men formerly convicted (of perjury),' (Medh., Gov., 
Kull., NSr, Ragh., Nand.), may according to Medh. also mean ' men 
who have been convicted (of any serious offence).' Men afflicted 
with serious illnesses must not be made witnesses, because such 
men are liable to become angry or to forget and thus to give false 
evidence (Medh.). Dushita, 'tainted,' i.e. by mortal crimes or 
numerous smaller offences (Medh., Kull., Ragh.), means according 
to Nir. and Nand. Abhwastas, ' those accused of such crimes.' 

65. Kujilava, ' actors' (Nir.), or ' dancers, musicians, and singers' 
(Medh.), or ' actors and so forth' (Gov., Kull.), or ' singers' (Nand.). 
A Srotriya, or Brahmawa learned in the Vedas, cannot be made 
a witness, because he has to attend to his studies and to theAgni- 
hotra (Medh., Kull., Nar., RSgh., Gov., Nand.). The same remark 
applies to the last two classes. Lingastha, 'a student,' includes 
according to N5r., Gov., Nand., Medh. also ' ascetics.' 

66. ' One wholly dependent,' i. e.' a slave by birth' (Medh., Gov., 



Digitized by 



Google 



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 .Sudras for .Sudras, 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., Nlr., Rdgh.). 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., RSgh.), 
or 'a hard-hearted man' (Medh.), or 'an angry man' (Kull.), or 'a 
murderer' (RSgh.), 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 Brdhmawa who has become a warrior or a trader and 
the like' (Medh.), or ' a butcher and the like' (N£r.). 

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., 
Nir., 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' (Medh., Gov., Kull.). 

70. The rule refers to the cases mentioned in verse 69 (Gov., 
Kull.), or to the last only (NaY.). 



Digitized by 



Google 



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; Yigii. II, 78, 80. 'The best of the twice- 
born,' i. e. ' Br&hmanas' (Gov., Nir.), or ' particularly distinguished 
Brahmanas, who fulfil their sacred duties' (Kull., R&gh.). 

74-75. Ap. II, 29, 9-10; Gaut XIII, 7; Baudh. I, 19, 14-15; 
Vas. XVI, 36; VLVIII, 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 Brdhma»as' (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' (N&r.). 



Digitized by 



Google 



268 LAWS OF MANU. VIII, 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. 

77. 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. 

78. 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). 

8 1. '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' (Kull., Nar., 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' (N£r.). Gov. 
and Nand. explain it ' in accordance with the truth.' 

79. Gaut. XIII, 5. 

80-101. Ap. II, 29, 9-10 ; Gaut. XIII, 14-22 ; Vas. XVI, 32-34 ; 
Baudh. 1, 19, 9-12 ; Vi. VIII, 19-37 ; Ya^-fi. II, 73-75- 



Digitized by 



Google 



VIII, 88. CIVIL AND CRIMINAL LAW; PROCEDURE. 269 

82. ' He who gives false evidence is firmly bound 
by Varu»a's fetters, helpless during one hundred 
existences ; let (men therefore) give true evidence. 

83. ' By truthfulness a witness is purified, through 
truthfulness his merit grows ; truth must, therefore, 
be spoken by witnesses of all castes (var«a). 

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 .Sudra (threatening 

82. 'Vanwa's fetters,' i. e. 'terrible snake-bonds or dropsy' 
(Medh., Kull.). Gov. mentions the snake-bonds alone, and RSgh. 
says that the verse threatens the punishment of hell. Dropsy is a 
disease specially attributed to Varu«a, see Rig-veda VII, 89, 1, and 
the story of .SunaAsepha, Ait. Brihm. VII, 1 5. The fetters of Varuwa 
are mentioned as the punishment of liars, 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 



s 



Digitized by 



Google 



27O LAWS OF MANU. VIII, 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»a, 
to the murderer of women and children, to him who 
betrays a friend, and to an ungrateful man, those 
shall be thy (portion), if thou speakest falsely. 

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., R£gh.), or 'with the loss of his kine, &c.' (NSr.), or ' by making 
him touch a cow, &c.' (Nand.). 



Digitized by 



Google 



VIII, ioi. CIVIL AND CRIMINAL LAW; PROCEDURE. 271 

in this world than him, of whom his conscious Soul 
has no distrust, when he gives evidence. 

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) cattle, he kills ten by false testimony re- 
garding kine, he kills a hundred by false evidence 
concerning horses, and a thousand by false evidence 
concerning men. 

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. 

101. ' 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. 

101 . Awg-asa, 'openly,' means according to Gov. and Kull. 'truly,' 
according to Nar. ' quickly.' 



Digitized by 



Google 



272 LAWS OF MANU. VIII, 103. 

duced) by perjury, declare thou openly everything 
as (thou hast) heard or seen (it).' 

102. Brahmawas who tend cattle, who trade, who 
are mechanics, actors (or singers), menial servants 
or usurers, the (j u % e ) sna M treat u ^ e -Sudras. 

103. In (some) cases a man who, though knowing 
(the facts to be) different, gives such (false evidence) 
from a pious motive, does not lose heaven; such 
(evidence) they call the speech of the gods. 

104. Whenever the death of a .Sudra, of a Vai^ya, 
of a Kshatriya, or of a Brahmawa 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 Sarasvatl 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£a texts, or the Rik, sacred to Varu»a, 
' 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, 1. 

103-104. Gaut. XIII, 24-25 ; Vas. XVI, 36 ; Vi. VIII, 15 ; Y&gn. 
II, 83. 

103. Nand. omits this verse. 

105-106. Baudh. 1, 19, 16; VLVIII, 16; Y&gn.ll, 83. 

106. The Kushma»</a texts are found Taitt. Ar. X, 3-5 ; the 
verse addressed to Varuwa, Rig-veda I, 24, 15 ; and the three verses 
addressed to the Waters, Rig-veda X, 9, 1-3. 

107. Y&gn. II, 76. 



Digitized by 



Google 



VIII, 113. 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. 

1 10. Both by the great sages and the gods oaths 
have been taken for the purpose of (deciding 
doubtful) matters ; and VasishMa even swore an 
oath before king (Sudds), the son of Pi^avana. 

in. Let no wise man swear an oath falsely, 
even in a trifling matter ; for he who swears an oath 
falsely is lost in this (world) and after death. 

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 
Brahmawa. 

108. Y&gii. II, 113. 

109. Gaut. XIII, 12-13; Vi. IX, 2-9. According to Medh. 
fapatha, ' oath,' is used for the whole daiva anumina, ' 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, 1 3 seqq.), and that Indra swore an oath 
when he was accused of an intrigue with Ahalyd, the wife of Gau- 
tama. VasishMa finally cleared himself of the accusation which 
Vijv4mitra brought against him before king Sudas, that he was a 
Rakshasa and had devoured his hundred sons (Medh., Gov., Kull., 
Nar., Ragh., Nand.). See Saya«a 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- 

[*5] T 



Digitized by 



Google 



274 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 .Sudra by (impre- 
cating on his own head the guilt) of all grievous 
offences (pataka). 

114. Or the (judg e ) 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. 

117. Whenever false evidence has been given in 
any suit, let the (judge) reverse the judgment, and 
whatever has been done must be (considered as) 
undone. 

oblation' (Medh., Gov., Kull., Nan). In the last cases the sacredness 
of the purpose excuses the crime. 

113. The Kshatriya and Vairya 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 YSgn. 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 5udra woman. In order to prove the 
falseness of this allegation, Vatsa passed through a fire (Medh., 
Gov., Kull., NaT., Ragh.). I read sp&raA instead of sprisaA. 

117. Vi. VIII, 40. 'Fines imposed must be remitted' (Gov., 
Kull., NaT.). 



Digitized by 



Google 



VIII, 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»as). 

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 (var«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. Ya^n. II, 81. 

120. Regarding the three amercements, see below, verse 138. 

123. VivSsayet, 'he shall (only) banish' (KulL, N&r., RSgh., 
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 



Digitized by 



Google 



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 world 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^-w. I, 367. Anubandham, 'the motive,' 
includes according to Gov. and Kull. also ' the frequency of the 
offence.' " Nar. gives the latter meaning alone. Nand. reads 
aparadham, ' the offence.' Instead of sarSpar&dhau Nand. reads 
sarasaram, ' the strength or weakness (of the offender).' 

1 27-128. Ya^n. I, 356 ; Vi. XIX, 43. 

129-130. Y&gii. I, 366. 

131-138. Vi. IV, 1-14 ; Y%n. I, 361-365. 



Digitized by 



Google 



VIII, 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»u (a floating particle of dust). 

133. Know (that) eight trasare/ms (are equal) in 
bulk (to) a liksha (the egg of a louse) , three of those 
to one grain of black mustard (ra^asarshapa), and 
three of the latter to a white mustard-seed. 

134. Six grains of white mustard are one middle- 
sized barley-corn, and three barley-corns one kri- 
sh«ala (raktika, or gu#fa-berry) ; five krishnalas 
are one masha (bean), and sixteen of those one 
suvar«a. 

135. Four suvar«as are one pala, and ten palas 
one dharawa ; two krzshwalas (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 
karshapana, or pawa. 

137. Know (that) ten dhara»as of silver make one 
■ratamana ; four suvar«as must be considered (equal) 
in weight to a nishka. 

138. Two hundred and fifty pawas 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 kn'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 kr»'sh»alas. 

139. Vi. VI, 20-21; Y&gn. II, 42. According to Nar. 'some' 
only have this verse. 



Digitized by 



Google 



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 
teaching of Manu. 

140. A money-lender may stipulate as an increase 
of his capital, for the interest, allowed by VasishMa, 
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 
according 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; Yigii. II, 37. The rule occurs in our 
Vasish/Aa 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 ofYi^fi. 

141-142. Vas. II, 48 ; Vi. VI, 2 ; Ya^n. 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 Vaijya 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 Nar., the last 
clause refers to pledges which are not used. But Kull. objects 
that this is contrary to the common practice of the .Sish/as, and 
Ragh. refers to Ya^w. II, 58, where it is clearly stated that beneficial 
pledges only are never lost, while those which are merely kept are 
lost when the original debt is doubled by unpaid interest 



Digitized by 



Google 



VIII, I49» 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 -Srotriya 
are not lost in consequence of (adverse) enjoyment. 

144. Vi. VI, 5 ; Y&gfi. II, 59. According to Medh. clothes, &c, 
are meant ; according to Kull. and Ragh. clothes, ornaments, &c. ; 
according to Nar. beds and so forth. Nar. thinks that the expression 
' the value ' refers to the profit made by the use of the pledge. 

1 45. Vi. VI, 7-8 ; Ya^n. 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 ; Y ^- n » *4- 
149. Vas. XVI, 18 ; Gaut. XII, 38-39 ; Yign. II, 25. < Women,' 



Digitized by 



Google 



28o LAWS OP MANU. VIII, 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. UpanidhW, ' 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; Ya^n. 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 entitles the money- 
lender to take five per cent from Aryans, not from Sudras 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 



Digitized by 



Google 



VIII, 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, ' atisawvatsartm (" 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&tam, ' which has not 
accumulated,' i. e. ' which is taken for one, two, or three days.' Nar. 
agrees with the latter view. Kilavr/ddhiA, 'periodical interest,' i. e. 
'monthly interest' (Gov., Nar.), or 'interest in contravention of 
verse 151 ' (Kull., Ragh.). Karita, ' stipulated interest,' i.e. 'an illegal 
rate of interest, or interest which runs on after the principal has 
been doubled, agreed to by the debtor on account of distress' 
(Medh., Gov., Nar., Kull., Ragh.). Kayika, ' corporal interest,' i.e. 
' to be paid by bodily labour or by the use of the body of a pledged 
animal or slave' (Medh.). Kull., Ragh., and Nand. give the 
second explanation. According to ' some,' quoted by Medh. and 
Nar., the last four kinds of interest are not forbidden. Medh. and 
Gov. think all or some of them are permissible for merchants. See 
also for the explanation of the terms, Gaut. XII, 34-35, notes ; and 
Colebrooke I, Digest 35-45. 

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 Medh. 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. 



Digitized by 



Google 



282 LAWS OF MANU. VIII, 157. 

j 5 7. 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 £akravr«idhi, ' 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 (NSr.). 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 Ya^n. 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; Y&gn. 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 like' 
(Ragh.), or ' a pour-boire and the like' (Gov.). 

161. 'Whose affairs are fully known,' i.e. 'the cause for which 



Digitized by 



Google 



VIII, l66. 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' (Nar., Ragh.). 

162. AlawdhanaA, ' 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 alakshitaA, 'if a surety who received money 
be not found' (i. e. has died or disappeared, &c). 

163. Ya^n. 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 ; Ya£». II, 45. The meaning is, as Nand. points 
out, that if a debt was contracted for the benefit of a united family, 



Digitized by 



Google 



284 LAWS OF MANU. VIII, 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/4, ' a person wholly dependent,' i. e. ' a servant 
(Nar.), or ' a slave' (Kull.), or ' the youngest (brother) or one in a 
similar position' (Ragh.). Gov. reads va instead of api, and for 
viialayet (Medh., Kull., Ragh.) or viMrayet (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^w.11,89. 

169. Kulam, ' the judges' (Medh., Gov., Kull.), has, according to 
Nar., Nand., and Ragh., its usual meaning, ' the family.' Nar. and 
Nand. say that the undivided relatives have to suffer by paying the 
debts of a deceased coparcener; and Ragh. explains the sufferings 
of a family by the ruin caused through a bad son. Medh., Gov., 
and Kull. state that the object of the verse is to inculcate that men 
must not be forced to become witnesses and so forth against their 
will, and that Brahmaxas, &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. 



Digitized by 



Google 



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 49-50. 

177. The last clause refers to BrShmanas (Medh., Kull., Ragh.). 



Digitized by 



Google 



286 LAWS OF MANU. VIII, 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. Ya£fi. 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. 



Digitized by 



Google 



VIII, 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. 

1 89. (A deposit) which has been stolen by thieves 



185. Pratyanantare, ' to a near relative,' L e. 'to his son, brother, 
or wife' (Medh). 

187. According to NSr., this verse refers to cases when one 
believes a deposit to be with another, but has not made it over 
oneself; according to Gov. and Kull., to cases where there may be 
an error. Gov. and KulL think that the person who should act in 
the manner described is the king, and they explain anvMAet, ' one 
should try to obtain,' by ' he should decide.' N&r. and Righ., on 
the other hand, think that the depositor should act thus. The former 
explanation is perhaps preferable. 

189. Yi£«. II, 66. 



Digitized by 



Google 



288 LAWS OF MANU. VIII, 190. 

or washed away by water or burned by fire, (the 
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 
who demands what he never bailed shall both be 
punished like thieves, or be compelled to pay a fine 
equal (to the value of the object retained or claimed). 

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., Rdgh.), or 'by spies and so forth' 
(NSr.), 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.). N&r. quotes a passage of the 
Veda, in which it is prescribed that the accused shall take hold of 
a hot axe. 

191. Vi.V, 1 69-1 71. The former punishment, which consists 
of mutilation and other corporal punishments (Medh., NSr., Ragh.), 
or the highest amercement and the like (Gov.), shall be inflicted on 
others than Brihmawas in particularly bad cases and for a repetition 
of the offence (Medh., Gov., Kull., N4r., Ragh.). 

192. Medh., Gov., and Kull. refer this rule to first offences. N£r. 
takes avueshewa, ' 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 



Digitized by 



Google 



VTII, 198. DEPOSITS J 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 being the owner and without the 
assent of the owner, the (judge) shall not admit him 
who is a thief, though he may not consider himself 
as a thief, as a witness (in any case). 

198. If the (offender) is a kinsman (of the owner), he 
shall be fined six hundred pawas ; 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., R4gh.), or ' by decapitating or impaling 
the offender, or having him trampled to death by elephants, and so 
forth' (Medh.). 

194. I. 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).' 

[»5] U 



Digitized by 



Google 



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. 

1 99. 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.' Nir. 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; Ya^w. II, 168-170. 

202. Thus Medh., Kull., N£r., and Ragh. (Kull., however, taking 
jodhita, 'exculpated,' in the sense of nLr/Kta,' determined.') But Gov. 
takes the first part differently. ' If the price cannot be produced by 
him (the seller) — because he has gone to another country — then the 
buyer must not be punished by the king, being held to be guiltless 
on account of the open sale, in accordance with the rule of the pre- 
ceding verse ; ' similarly Nand. The difference is caused thereby that 
Gov. apparently objects to the explanation of mulam (mulyam, 
Nand.) by 'the original (seller).' According to Kull. the buyer 
receives half the value from the original owner. 

203. Y&gn. II, 245. ' Concealed,' i.e.'in a cloth' (Medh., NSr.), or 
'in the earth '(Nand.), or 'covered with paint' (Gov., Kull., RSgh.). 



Digitized by 



Google 



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, 
5 1 - 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. Y&gn. 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 Ra^a- 
suya and similar sacrifices ; see A^v.-SYauta-sutralX, 3, 1 4-1 5; 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 



Digitized by 



Google 



292 LAWS OF MANU. VIII, 2 10. 

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 suvar«a 
as an expiation for his theft. 

214. Thus the lawful subtraction of a gift has 

Brahman priest receives a swift horse at the Agny&dh&na, and 
NSr. adds that the Hotr/ receives a horse at the (7yotish/oma. 

210. The four classes of priests, regarding whose functions see 
Max Mflller, History Anc. Sansk. Lit., p. 468 seqq., are : 1. Hotr/, 
Adhvaryu, Brahman, Udgitri; 2. Maitrivaruwa, PratiprastMtrs', 
Brahma»SAMa«sin, Prastotr*; 3. AA&A&v&ba., Nesh/rt', Agntdhra, 
Pratihartr* ; 4. Potn, Subrahma«yS, Gr£vash/ut, Netr*. Medh. gives 
the total as 1 12, and the shares as 56, 28, 16, 12 ; Gov., Kull., N&r., 
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. Y&gn. 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.). 

2 1 3. Saws&dhayet, ' 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.). 



Digitized by 



Google 



VIII, 220. NON-PAYMENT OF WAGES. 293 

been fully explained ; I will next propound (the 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 
k?7sh#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; Yfen. II, 193. 'Eight 
krt'shaalas,' i.e. 'of gold, silver or copper, according to the case' 
(Medh., Gov.), or 'of gold' (Kull.). 

216. I read with Medh., Gov., Ndr., Righ., and K. sudfrghasya 
for sa dlrghasya (Kull., Nand.). 

219. Vi.V, 168; Yigii. II, 192. By 'corporations inhabiting 
a village or district' are meant according to Medh., village com- 
munities and corporations of merchants, mendicants or monks, 
jKaturvedis 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 



Digitized by 



Google 



294 LAWS OF MANU. VIII, 2 2 1. 

nishkas, (each of) four suvarwas, and one satamana 
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 (pawas), 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 suvaroas or six nishkas or one fatamSna.' Kull. and 
RSgh. also think it possible that three separate fines may be inflicted 
according to the circumstances of the case. 

222. YSfn.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 Smrrtis different periods are mentioned 
for other objects ' (see Y&gri. loc. cit.). 

224-225. Y&gii. I, 66. 

224. Regarding the blemishes, see above, verse 205. 

226. K. omits this verse. 



Digitized by 



Google 



VIII, 333. 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., Nar.). 

228. I.e. he maybe allowed to rescind a contract for wages and 
the like within ten days, but not later (Gov., Kull.). 

231. Nand. omits this verse. 

232. Vi. V, 137-138; Ya#& 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 ; R&gh. says, ' by snakes 
and the like.' ' By dogs,' the word is according to Medh. merely 
intended as an instance for any wild animal. 



Digitized by 



Google 



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 responsibility. 

237. On all sides of a village a space, one hun- 
dred dhanus or three samya-throws (in breadth), 
shall be reserved (for pasture), and thrice (that 
space) round a town. 

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. ankS»ir ka,, 'their particular 
marks,' instead of arigani, ' their (other) limbs' (Ragh., Nand., K., 
and the editions). To judge from the commentary, Kull. must 
have had the same reading as Medh. and Gov. 

235- v '- v » 137- 

237. YSgn. II, 167. Dhanus, literally ' a bow's length'=4 hastas 
or about 6 feet. The samyi. is a short, thick piece of wood, used 
at sacrifices. A jamy4-throw is mentioned as a measure also by 
Ap. I, 9, 6. 



Digitized by 



Google 



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 (pawa) 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; 
YS^n. II, 161-163. 

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 



Digitized by 



Google 



298 LAWS OF MANU. VIII, 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 Cyaish/^a, when the land- 
marks are most distinctly visible. 

246. Let him mark the boundaries (by) trees, (e.g.) 
Nyagrodhas, Axvatthas, Ki#«ukas, cotton - trees, 
•Salas, Palmyra palms, and trees with milky juice, 

247. By clustering shrubs, bamboos of different 
kinds, .Samls, creepers and raised mounds, reeds, 
thickets of Kub^aka ; thus the boundary will not be 
forgotten. 

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, NSr., Righ.). 

245. Gyaish/Aa, i. e. May-June, ' when the grass has been dried 
up by the heat' (Medh., Kull., Righ.). 

246. Y&gn. II, 151. Nyagrodha, Ficus Indica ; Ajvattha, Ficus 
Religiosa; Ki»uuka, ButeaFrondosa; SSia, Shorea Robusta. 'Trees 
with milky juice,' i.e. 'Arka (Calatropis Gigantea), Udumbara (Ficus 
Glomerata), &c.' 

247. .Sami, Acacia Suma; * mounds,' i. e. the heaps of earth are 
meant which now are used generally as landmarks in British 
districts. Instead of Kub^aka Nand. reads Kulyaka. 



Digitized by 



Google 



VIII, 357. 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.who relies on a passage of Brihaspati, 
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 nibadhntyat by 'he shall 
record in writing,' and as it is specially mentioned that the names 
of the witnesses shall be given, it seems impossible to take the 
word in any other sense. Medh. says that, if the witnesses dis- 
agree, the opinion of the majority shall be taken. 

256-260. Ya^w. II, 150-152. 



Digitized by 



Google 



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 
(pawas). 

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' 
(*atur£gha/anani) of the villages given away. Medh. and Nand. read 
gramasamlntavasinaA, ' four men living in, &c.' 

259. Maulanim, 'original inhabitants,' i.e. 'whose ancestors have 
lived there since the settlement of the village' (Medh., Gov., Kull., 
Ragh.). 

260. 'Other foresters,' i.e. 'those who collect flowers, fruit, and 
fuel' (Medh., Gov., Kull.), or '.Sabaras and the rest' (N£r.). 

262. Vas. XVI, 13-15; Ya£».II, 154. 

263. Ya^fi. 1, 153. 



Digitized by 



Google 



VIII, 270- BOUNDARY DISPUTES J DEFAMATION. 3OI 

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«as) ; (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«as) ; a VaLyya one 
hundred and fifty or two hundred; a .Sudra shall 
suffer corporal punishment 

268. A Brahma»a shall be fined fifty (pa«as) for 
defaming a Kshatriya ; in (the case of) a VaLfya the 
fine shall be twenty-five (pa»as); in (the case of) 
a Sudra 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 Sudra), who insults a 

265. Yign.ll, 153. 

267-277. Ap. II, 27, 14; GautXII, 1, 8-14; Vas. IX, 9; Vi. 
V, 23-39; Y ^«- n, 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' (Medh., Gov., Kull., R&gh.), with which the Hindus, like 
other Orientals, are very ready. 

270. The last clause refers, according to the commentators, to the 



Digitized by 



Google 



302 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 (gkti) 
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 
karshapawa. 

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»as). 

276. (For mutual abuse) by a Brahma#a and a 

origin of the .Sudra from Brahman's feet ; see above, I, 31. Accord- 
ing to Medh. the expression 'once-born' includes men born from 
high-caste fathers and low-caste mothers. 

271. I.e. if he says 're Ya^wadatta,' or 'thou scum of the 
Brihmawas.' 

273. '(Of a caste-fellow)? (Kull., Righ.), Gov. too states that 
the rule cannot refer to .Sudras, because the punishment is too light 
Medh. explains karma by ' occupation,' and jariram by ' bodily (de- 
ficiencies),' while the others refer karma sariram 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.). 



Digitized by 



Google 



Vm,282. ASSAULT AND HURT. 303 

Kshatriya a fine must be imposed by a discerning 
(king), on the Brahma«a the lowest amercement, but 
on the Kshatriya the middlemost. 

277. A VaLyya and a .Sudra must be punished 
exactly in the same manner according to their re- 
spective castes, but the tongue (of the .Sudra) 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 both 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 aVaixya his tongue is not cut out, 
but he pays the middlemost amercement. 
279-280. Vi. V, 19; Y&gn. II, 215. 

280. Praharet, ' kicks,' i. e. ' lifts 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 Brahmawa and a .Sftdra ; 
according to Ragh., to the latter and an Aryan ; according to Nar., 
to a Kshatriya, Vairya, or .Sudra offending against a Brahmana. 

282. Vi.V, 21-22. 



Digitized by 



Google 



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 
(pawas), 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; Ya^ra. II, 218. '(Of an equal),' (Medh., Kull., 
Nand.) According to RSgh., the rule refers to Sudras assaulting 
.Sudras. According to NaT., 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 Y&gn. loc. cit.). 

286-287. Vi.V, 75-76; Ya^w. II, 219, 222. 

287. Instead of vrana, 'a wound' (Kull., NaT.), Medh., Gov., 
R&gh., Nand., and K. read prSwa. 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. NaT. says, ' and 
shall pay the whole fine, mentioned above.' 



Digitized by 



Google 



VIII, 395. 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 oft" (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 (pa«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. Yi£». 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, avMaritaA, * without doubt' (lit. ' not 

[25] x 



Digitized by 



Google 



306 LAWS OF MANU. VITI, 296. 

by (another) carriage, and he causes the death of 
any living being, a fine shall without doubt be 
imposed. 

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 vWaritaA, ' is considered (to be just).' Medh. 
gives besides the explanation, adopted in the translation according 
to Kull., another one, * is not considered (j ust )-' He mentions also 
the second reading, which Gov., Ragh., Nir., 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' (Medh., 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.). 



Digitized by 



Google 



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; Y&gn. I, 
335-33 6 > 358 ; see also below, IX, 25a 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. ^aftghadana 
(Medh.), or the land-tax paid in money (Nir.), ' monthly taxes, or 
taxes payable in certain months by the villagers' (Gov., Kull., Righ.). 
£ulka, i. e. ' the tolls and duties payable by merchants and traders' 
(Medh., Gov., Kull., NaT., Ragh.). For pratibhlgam, i. e. ' the daily 
presents of fruit, vegetables, &c.,' the so-called Z>alis (Medh., Kull.), 

X 2 



Digitized by 



Google 



308 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 RSgh. read pratibhogam, Gov. bhutibhogara, and Nand. 
pritibhogam, but the explanation of the first two var. lect. is the 
same. Pritibhoga would however denote all ' benevolences,' which 
usually are called pritiddna and are levied on particular occasions. 

308. Medh. and NaT. read arakshitSram attaram, ' (a king) who 
affords no protection, (yet) devours (his subjects and) takes, &c.' 

309. Nand. reads at the end of the verse asatyam ta. nripa.m 
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 Brihmawas or injures them.' 

310. 'The wicked,' i.e. 'thieves, because the topic (is theft),' 
(Medh.). 

311.' Twice-born men/ i. e. ' BrShmawas' (Medh., Nar.). 



Digitized by 



Google 



VIII, 319. THEFT. 7fQ0l. 

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 damages a hut where water is distri- 

314-316. Ap. I, 25, 4-s ; Gaut XII, 43~45; v »s. XX, 41; 
Baudh. II, 1, 16-17 5 Vi - LII > r " 2 J Y^f'" 1 - m > 2 57- 

314. Medh. and Nand. read instead of dhivati, 'rvnning,' 
dhfmata, (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 3 1 8, 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.). 



Digitized by 



Google 



3IO LAWS OF MANU. VIII, 320. 

buted, shall pay one masha as a fine and restore the 
(article abstracted or damaged) in its (proper place). 

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. 

321. 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 family and 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. 'A kumbha is equal to 20 or 22 prasthas of 32 
palas each' (Medh.), or 'to 20 dro«as of 200 palas each' (Gov., 
Kull., Ragh.), or * to 200 palas' (Nar.). VadhaA, * 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 Nir. 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 



Digitized by 



Google 



VIII, 33°. THEFT. 311 

325. For (stealing) cows belonging to Brahma«as, 
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 kmhwalas. 

weapons were stolen during a combat, or medicines from a very 
sick man' (Medh., Gov., Righ.). 

325. Instead of the reading of the editions, ' Murik&ylr ia. bhe- 
dane,' Medh., Nar., RSgh., Nand., and K. have ' sthurikiyi? /fa 
bhedane,' which is no doubt the correct version, the vulgata being 
caused by a mislecture of the old form of the letter ' tha.' Rutl- 
and Ragh. explain the phrase in the manner given above, and Gov., 
who reads ' nSsa[si]kayif ka. bhedane,' agrees with them. Medh., 
on the other hand, says that sthurika means ' an ox ' (balivardaA), 
and the phrase must be taken ' for pricking with a goad (and using 
for one's purpose) the ox (of another man).' NSr. finally asserts 
that sthurika means ' a load placed on an ox,' and interprets the 
words by ' for cutting open a sack carried by an ox and abstracting 
its contents.' 

326-331. Vi.V, 83-86. 

328. ' Other things that come from beasts,' i. e. ' skins, horns, 
goro&md, &c.' (Gov., Nar., Kull., RSgh.). 

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 little unhusked 



Digitized by 



Google 



LAWS OF MANU. VIII, 331. 



331. For husked grain, vegetables, roots, and 
fruit the fine (shall be) one hundred (pa«as) if there 
is no connexion (between the owner and the thief), 
fifty (pa#as) if such a connexion exists. 

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 kr*sh»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. Ya^n. 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 sa.ta.va, ' one hundred panas,' instead 
of adyam, 'the lowest amercement,' which latter reading Medh. 
mentions too. 

334. Pratyad&raya, ' in order to prevent (a repetition of the 
offence),' (Gov., Kull., Ragh., Nand.), means according to Medh. 
and Nar. ' in order to deter (others).' 



Digitized by 



Google 



VIII, 341- THEFT. 313 

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«a, the king shall be fined one thou- 
sand ; that is the settled rule. 

337. In (a case of) theft the guilt of a .Sudra 
shall be eightfold, that of a Vai^ya sixteenfold, that 
of a Kshatriya two-and-thirtyfold, 

338. That of a Brahma#a sixty-fourfold, or quite 
a hundredfold, or (even) twice four-and-sixtyfold ; 
(each of them) knowing the nature of the offence. 

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 Brahmawa, 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. Y&gn. 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- 
manas (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; Y&gii. II, 166. 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. 



Digitized by 



Google 



314 LAWS OF MANU. 7111,342. 

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«a) in (evil) times, 

342. ' Takes a slave, &c.,' i.e. ' makes them do his work' (Ndr.). 
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. 1, 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., Nir., Ragh.), or of a 
famine (Nax.), the twice-born castes are threatened by an improper 
intermixture (sawkara). 



Digitized by 



Google 



v Tn,35S- 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- 
mawa 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- ~h 
ments which cause terror, and afterwards banish. 

353. For by (adultery) is caused a mixture of the 
castes (varaa) 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 offered, no rain will fall (see 
above, III, 76), and everything will perish (Medh., Gov., Kull., 
Ragh.). 

354-358. Ap. II, 26, 18-19 ; Ya^ji. II, 284. 



Digitized by 



Google 



3l6 LAWS OF MANU. VIII, 356. 

356. He who addresses the wife of another man 
at a Tlrtha, outside the village, in a forest, or at 
the confluence of rivers, shall suffer (the punishment 
for) adulterous acts (sa»*graha«a). 

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 (sam- 
graha»a). 

359. A man who is not a Brahmawa ought to 
^ suffer death for adultery (sa*«graha«a) ; 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 Tlrtha,' i. e. ' a place on the river-bank where the women 
fetch water' (Medh., Nir., 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., Kull., Ragh. this rule refers to adultery 
committed by a Sudra with a Brahmawf (RSgh.) or to the violation 
of a Brdhma«t by a Sudra (Gov., Kull.). Medh., too, thinks that 
a Sudra alone is to suffer capital punishment for adultery with an 
Aryan woman. Nand., finally, says that Kshatriyas, Vaijyas, and 
•Sudras are meant, who offend with a female of a higher caste. 
Possibly the correct explanation of pra»Snta»i da»</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. 



Digitized by 



Google 



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 suvar»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. 

364. 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. YI^m. II, 285. 

362. Baudh. II, 4, 3. I translate Parana 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 (?), .SilamitrSs (?), 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. Ya^Tt. 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. 



Digitized by 



Google 



3l8 LAWS OF MANU. Vni, 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., N&r.). 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., R£gh.). 

370. According to Medh. and Nir. the verse prescribes three 
different punishments, and a Brahmant 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 
R&gh. the punishment is to be regulated by the circumstances. 

371-372. Gaut. XXIII, 14-15; Vi. V, 18. 



Digitized by 



Google 



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). 

373. 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 Kand&lt. 

374. A 5"udra who has intercourse with a woman 
of a twice-born caste (var«a), guarded or unguarded, 
(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»l) 
a Vai^ya shall forfeit all his property after imprison- 
ment for a year; a Kshatriya shall be fined one 
thousand (pa»as) and be shaved with the urine (of 
an ass). 

376. If a Vai^ya or a Kshatriya has connexion 
with an unguarded Brahmawl, let him fine the 
Vai-jya five hundred (pa«as) and the Kshatriya one 
thousand. 

377. But even these two, if they offend with a 

373. 'A Vraty&V i.e. ' the wife of an Aryan who has not been ini- 
tiated' (Gov., Kull., Ragh.) ; see above, II, 39 ; or ' one not married 
in proper time'(Nar. and Medh.), which latter attempts also another 
explanation, 'a public woman' or 'one common to several men.' 
The fine intended is two thousand pa«as (Gov., Kull., Ragh.). 

374. Ap. II, 26, 20; 27, 9; Gaut. XII, 2-3; Vas. XXI, 5, 5; 
Baudh. II, 3, 52; YSign. II, 286, 294. 'Guarded,' i.e. 'by her 
husband or relatives' (Medh., Kull., Ragh.). 

377. Ap. II, 26, 20; Vas. XXI, 2-3; Y&gii. II, 286. 'Like a 
•Sudra,' see verse 374. 



Digitized by 



Google 



320 LAWS OF MANU. VIII, 378. 

Brahmawt (not only) guarded (but the wife of an 
eminent man), shall be punished like a .Sudra or 
be burnt in a fire of dry grass. 

378. A Brahma#a who carnally knows a guarded 
Brahmawt 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 Brihma»a ; a king, therefore, must not 
even conceive in his mind the thought of killing 
a Brahmawa. 

382. If a Vaisya approaches a guarded female 
of the Kshatriya caste, or a Kshatriya a (guarded) 
Vaisya woman, they both deserve the same punish- 
ment as in the case of an unguarded Brahmawa 
female. 

383. A Brahmawa 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) .Sudra female a fine of 
one thousand (pawas shall be inflicted) on a Ksha- 
triya or a Vai-sya. 

384. For (intercourse with) an unguarded Ksha- 
triya a fine of five hundred (pawas shall fall) on a 



382. According to the commentators the rule of verse 376 
applies. 



Digitized by 



Google 



VIII, 39°- MISCELLANEOUS RULES. 32 1 

VaLsya ; but (for the same offence) a Kshatriya shall 
be shaved with the urine (of a donkey) or (pay) the 
same fine. 

385. A Brihma«a who approaches unguarded 
females (of the) Kshatriya or Vauya (castes), or 
a .Sudra 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 
.Sakra (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 (pawas). 

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 Kand&W (Gov., Kull., 
RSgh.), or ' belonging to the castes of washermen, leather-workers, 
actors, basket-makers, fishermen, Medas, or Bhillas ' (N&r.). 

386. Vi.V, 196. 

388. 'An officiating priest,' i. e. ' one who has sacrificed for his 
family since many generations' (Gov., Nir.). 

389. Vi.V,i63; Yagn. 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' (NSr., Rfigh.), or 
'of the householders' (Gov., Kull.). Medh. and Nand. take Irrama, 

[*5] Y 



Digitized by 



Google 



322 LAWS OF MANU. VIII, 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»as, first soothe 
them by gentle (speech) and afterwards teach them 
their duty. 

392. A Brahmawa who does not invite his next 
neighbour and his neighbour next but one, (though) 
both (be) worthy (of the honour), to a festival at 
which twenty Brahma«as are entertained, is liable 
to a fine of one masha. 

393. A 5rotriya 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 5rotriyas, 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; Y&gii. II, 263. 'A festival,' i. e. ' a wedding 
and so forth' (Medh.), or 'at which a dinner is given' (Nand.). 
Anuvejya, ' his next neighbour but one' (Kull., Nar., Ragh.), means 
according to Medh., Gov., and Nand. ' he who lives at the back of 
his house,' while the neighbour living opposite is the prStivejya. 
' Twenty,' i.e. ' twenty or more other Brahmawas' (Gov.). 'A masha,' 
i. e. ' of silver ' (Gov., Kull., Ragh.), or ' of gold' (Medh., NSr.). 

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.' 

394. Ap. II, 26, 10-15; Vas - XIX, 23-24. '(A cripple) who 
moves with the help of a board' is not an uncommon sight in the 
streets of Indian towns. 'By any (king),' i.e. 'even by one whose 
treasury is empty.' 



Digitized by 



Google 



VIII, 399* MISCELLANEOUS RULES. 323 

395. Let the king always treat kindly a .Srotriya, 
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 5almall- 
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. Ya^n. II, 238. Salmall, or cotton-tree wood, is naturally 
soft (Medh.). 

397. Y&gn. II, 179. Instead of ' twelve (pawas),' (Kull., Righ.), 
Medh. proposes ' twelve (palas),' Gov. ' twelve (times the value of 
the thread),' and Nar. * one-twelfth (of the value of the thread).' 
Nand. reads d&raphalam and ekaphaladhikam, and says that the 
weaver is to pay to the king the profit of each eleventh piece of 
work which he performs. 

398. Ya^n. II, 261. Instead of of that (amount),' (Medh., Nar.), 
Gov., Kull., and Ragh. say ' of the profit on that.' 

399. Y&^w. II, 261. Medh. gives as instances of monopolies, 
elephants ; in Kannfr, 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 Kaxmir. 

Y 2 



Digitized by 



Google 



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«a, a man's (load) half a pa«a, 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. Ya^n. II, 262. 'At an improper time,' i.e. 'at night and 
so forth' (Medh., Gov., Nar., Kull., Ragh.). 

402. Y-agn. 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. AparWWadaA, * men 
without luggage,' may also be translated ' men without attendants.' 
Kull. and Ragh. say, ' poor men.' 



Digitized by 



Google 



VIII, 4". 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 Vaisya to trade, 
to lend money, to cultivate the land, or to tend 
cattle, and a Sudra to serve the twice-born castes. 

411. (Some wealthy) Brahma«a shall compassion- 
ately support both a Kshatriya and a VaLyya, if they 
are distressed for a livelihood, employing them on 
work (which is suitable for) their (castes). 

412. But a Brahmawa 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 (pawas). 

407. Vi. V, 13a. According to Medh., heterodox monks must 
pay, because the word Brahma«a (taken above with students) refers 
to all the persons mentioned. 

408. 'Whatever,' i.e. 'merchandise' (Medh., NSr.), or 'luggage' 
(Gov., Kull., Ragh.). 

411. I.e. he shall employ a poor Kshatriya as watchman, and 
a VaLrya as herdsman (Medh.). If he employs them in this way, 
he is not punishable (Gov., Kull.). 



Digitized by 



Google 



326 LAWS OF MANU. VIII, 4T3. 

413. But a 6udra, whether bought or unbought, 
he may compel to do servile work; for he was 
created by the Self-existent (Svayambhu) to be the 
slave of a Brahmawa. 

414. A .Sudra, though emancipated by his master, 
is not released from servitude; since that is innate 
in him, who can set him free from it ? 

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' (NSr.). 

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 ■Sudra must still serve Brahmanas 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 -Sfldra must be meant ; but 
see Y%n. II, 183, where it is laid down that Kshatriyas may become 
the slaves of Brahmawas and Vauyas of Brahma»as and Kshatriyas. 
Nar. explains dhva^ahr/taA, ' 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 (adhigaAMamti parakarmakara- 
«idina) seems to indicate that he took it to refer to their incapacity 
to earn money by working for others. 



Digitized by 



Google 



IX, a. DUTIES OF HUSBAND AND WIFE. 327 

417. A Brahma#a may confidently seize the goods 
of (his) ^udra (slave) ; for, as that (slave) can have 
no property, his master may take his possessions. 

418. (The king) should carefully compel Vairyas 
and .Sudras to perform the work (prescribed) for 
them ; for if these two (castes) swerved from their 
duties, they would throw this (whole) world into 
confusion. 

419. Let him daily look after the completion of 
his undertakings, his beasts of burden, and car- 
riages, (the collection of) his revenues and the dis- 
bursements, his mines and his treasury. 

420. A king who thus brings to a conclusion all 
the legal business enumerated above, and removes 
all sin, reaches the highest state (of bliss). 

Chapter IX. 

1. I will now propound the eternal laws for a 
husband and his wife who keep to the path of 
duty, whether they be united or separated. 

2. Day and night women must be kept in depend- 

417. 'Confidently' means according to Medh., N&r., and Nand. 
' without fearing that he commits the sin of accepting a present 
from a .Sudra.' 

419. Karmintin, 'the completion of his undertakings' (Kull., 
Ragh.), means according to Medh., Gov., and Nand. ' the works,' 
i. e. ' agriculture, offices for collecting tolls and duties, and so forth ' 
(Medh., Gov.), according to NSr. ' the workshops, e. g. for making 
arms.' The last explanation is perhaps the best. 

IX. 1. According to Medh., Gov., and Kull. the duties of husband 
and wife are placed in the section on civil and criminal law, because 
the king can and even is bound to enforce their observance by 
punishments, if either of the two raises a complaint. ' Separated,' 
i.e. 'when the husband is absent or dead' (Nar., Righ.). 

2-3. Gaut XVIII, 1 ; Vas. V, 1-2 ; Baudh. II, 3, 44-45 ; Vi. V, 
1-2; Y&gn. I, 85. 



Digitized by 



Google 



328 



LAWS OF MANU. 



K, 3. 



ence by the males (of) their (families), and, if they 
attach themselves to sensual enjoyments, they must 
be kept under one's control. 

3. Her father protects (her) in childhood, her 
husband protects (her) in youth, and her sons pro- 
tect (her) in old age; a woman is never fit for 
I f independence. 
,,/.''' 4. Reprehensible is the father who gives not (his 

daughter in marriage) at the proper time ; reprehen- 
v/ sible is the husband who approaches not (his wife in 
due season), and reprehensible is the son who does 
not protect his mother after her husband has died. 

5. Women must particularly be guarded against 
evil inclinations, however trifling (they may appear) ; 
for, if they are not guarded, they will bring sorrow 
on two families. 

1 6. Considering that the highest duty of all castes, 
even weak husbands (must) strive to guard their 
wives. 

7. He who carefully guards his wife, preserves (the 
purity of) his offspring, virtuous conduct, his family, 
himself, and his (means of acquiring) merit. 



2 . * Must be kept under one's control,' i.e.' they must be restrained 
from their vicious attachment' (dtmano vare sthapya yatha na sa- 
^yante), (Nar.) 

4. Y&gn. I, 64. 'At the proper time,' i. e. before she is marriage- 
able; see Gaut XVIII, 21; Vas. XVII, 67-71/ 'The husband,' 
see Baudh. IV, 1, 17-19, and above, III, 45. After this verse K. 
inserts another, not mentioned by the commentators, ' If the wife is 
guarded, the (purity of the) offspring is secured thereby; if the 
(purity of the) offspring is secured, oneself is secure.' 

6. Ya£»i. I, 81. 'Weak husbands,' i.e. 'blind, lame, or poor 
ones, &c.' (Kull., RSgh.). 

7. ' His family,' i. e. ' his ancestors,' because legitimate sons alone 
can offer the SHiddhas (Medh., Gov., Kull.), or 'his relatives,' because 
adultery brings dishonour (Medh., Ragh.), or ' the position of the 



Digitized by 



Google 



IX, 13. DUTIES OF HUSBAND AND WIFE. 329 

8. The husband, after conception by his wife, be- 
comes an embryo and is born again of her ; for that 
is the wifehood of a wife (£&ya), that he is born 
(^ayate) again by her. 

9. As the male is to whom a wife cleaves, even 
so is the son whom she brings forth ; let him there- 
fore carefully guard his wife, in order to keep his 
offspring pure. 

10. No man can completely guard women by J 
force ; but they can be guarded by the employment 

of the (following) expedients : 

11. Let the (husband) employ his (wife) in the 
collection and expenditure of his wealth, in keeping 
(everything) clean, in (the fulfilment of) religious 
duties, in the preparation of his food, and in looking 
after the household utensils. 

12. Women, confined in the house under trust- 
worthy and obedient servants, are not (well) guarded ; 
but those who of their own accord keep guard over 
themselves, are well guarded. 

13. Drinking (spirituous liquor), associating with 
wicked people, separation from the husband, ram- 
bling abroad, sleeping (at unseasonable hours), and 
dwelling in other men's houses, are the six causes 
of the ruin of women. 

family' (NSr.), or ' his property' (R&gh.). ' Himself,' i. e. ' because 
legitimate children alone can offer the .Sraddhas' (Gov., Kull., 
Ragh.), or ' because an adulteress and her paramour are likely to 
attempt his life' (Medh.). ' His (means of acquiring) merit,' i. e. 
' because the husband of an adulteress is not entitled to kindle the 
sacred fire' (Gov., Kull., Ragh.). N&r. says, ' his duty (as a house- 
holder).' 

8. YSgri. I, 56. The idea is taken from the Veda ; see e. g. Aita- 
reya-brShma«aVII, 13, to which KulL refers. 

13. 'Associating with wicked people,' i. e. 'with other unfaithful 
wives' (N&r.), or 'with adulterers' (Ragh.). 



Digitized by 



Google 



33° LAWS OF MANU. IX, 14. 

14. Women do not care for beauty, nor is their 
y attention fixed on age; (thinking), '(It is enough 

that) he is a man,' they give themselves to the hand- 
some and to the ugly. 

1 5. Through their passion for men, through their 
mutable temper, through their natural heartlessness, 
they become disloyal towards their husbands, how- 
ever carefully they may be guarded in this (world). 

16. Knowing their disposition, which the Lord of 
creatures laid in them at the creation, to be such, 
(every) man should most strenuously exert him- 
self to guard them. 

17. (When creating them) Manu allotted to 
women (a love of their) bed, (of their) seat and 
(of) ornament, impure desires, wrath, dishonesty, 
malice, and bad conduct. 

18. For women no (sacramental) rite (is per- 
formed) with sacred texts, thus the law is settled ; 
women (who are) destitute of strength and destitute 
of (the knowledge of) Vedic texts, (are as impure 
as) falsehood (itself), that is a fixed rule. 

19. And to this effect many sacred texts are sung 
also in the Vedas, in order to (make) fully known 
the true disposition (of women) ; hear (now those 
texts which refer to) the expiation of their (sins). 

20. 'If my mother, going astray and unfaithful, 
conceived illicit desires, may my father keep that 
seed from me,' that is the scriptural text. 

18. The sacramental rites meant are the birth-ceremony and so 
forth ; see also above, II, 66. ' Destitute of strength ' (Gov.), i. e. 
'of firmness, intelligence, bodily strength, &c.' (Medh., Nand.). 
The second half verse is closely allied to that quoted Baudh. II, 
3, 46, and, like the latter, probably a modification of a Vedic 
passage. 

20. The verse is a slightly altered Mantra which occurs in the 



Digitized by 



Google 



IX, 24. DUTIES OF HUSBAND AND WIFE. 33! 

21. If a woman thinks in her heart of anything 
that would pain her husband, the (above-mentioned 
text) is declared (to be a means for) completely re- 
moving such infidelity. 

22. Whatever be the qualities of the man with 
whom a woman is united according to the law, such 
qualities even she assumes, like a river (united) with 
the ocean. 

23. Akshamala, a woman of the lowest birth, 
being united to Vasish/>fca and Sarangt, (being 
united) to Mandapala, became worthy of honour. 

24. These and other females of low birth have 



Sahkhayana Gr/hya-sutra III, 13, and in the .ffaturmasya portion of 
the Kanaka recension of the Black Ya^ur-veda. According to the 
former work it is to be recited by an Anyatrakara«a, ' the son of a 
paramour.' But the Ka/Aas prescribe its use by every sacrificer who 
offers a A'aturm&sya sacrifice. Medh., Gov., and Kull. probably 
allude to the custom of the latter school when they say that the 
Mantra must be recited by every sacrificer, and that its viniyoga or 
destination is to be repeated at the ATaturmasya and at the Anvash- 
/aka-jraddha. Gov., Kull., Ragh., Nar., and Nand. explain retaA, 
' seed,' by matr/'ra^orupaw skannam, and vrmktam, ' may he keep 
away,' either by bha^atam (svtkarotu, Nar., Nand.), ' may he take for 
himself/ or by jodhayatu, 'may he purify' (Gov., Kull., Ragh.). 
Medh. likewise knows the last explanation. But he gives also 
another, retaA pituA sambandhi yad retaA rakram, and vr/'nktam, 
apanudatu, which comes nearer to that given above. Nidawanam, 
'a scriptural text,' means according to Medh., dr/sh/antaA, 'an 
example,' and the other commentators explain it similarly. 

22. I.e. as a river becomes salt after uniting with the ocean. It 
must be borne in mind that, according to the Indian poets, the 
rivers are the wives of the ocean. 

23. Akshamala or Arundhati was a K&nd&W (Gov., Ragh.), and 
became, as the Sruti states (Ragh.), with the permission of the 
/ftshis, the wife of the sage VasishMa. The story of Mandapala is 
told in the Mahabharata I, 8335 seq. (Adhy. 229). Medh., Gov., 
and K. read •Sarng! instead of .Sarangt or Sarangt. 



Digitized by 



Google 



332 LAWS OF MANU. IX, ag. 

attained eminence in this world by the respective 
good qualities of their husbands. 

25. Thus has been declared the ever pure 
popular usage (which regulates the relations) be- 
tween husband and wife ; hear (next) the laws con- 
cerning children which are the cause of happiness in 
this world and after death. * 

26. Between wives (striya^) who (are destined) 
to bear children, who secure many blessings, who 
are worthy of worship and irradiate (their) dwel- 
lings, and between the goddesses of fortune (.mya^, 
who reside) in the houses (of men), there is no 
difference whatsoever. 

27. The production of children, the nurture of 
those born, and the daily life of men, (of these 
matters) woman is visibly the cause. 

28. Offspring, (the due performance of) religious 
rites, faithful service, highest conjugal happiness 
and heavenly bliss for the ancestors and oneself, 
depend on one's wife alone. 

29. She who, controlling her thoughts, speech, and 
acts, violates not her duty towards her lord, dwells 
with him (after death) in heaven, and in this world 
is called by the virtuous a faithful (wife, sadhvt). 

30. But for disloyalty to her husband a wife is 
censured among men, and (in her next life) she is 
born in the womb of a jackal and tormented by 
diseases, the punishment of her sin. 

27. Instead of pratyaham, ' the daily (life of men),' Medh. and 
NSr. read pratyartham, '(the life of men) in all its details,' and Gov. 
prttyartham, ' the friendly intercourse of men,' because he who has 
no wife cannot entertain others (Gov., KulL.Ragh.). Medh. mentions 
also another reading, pratyardham. 

29. Identical with V, 165. 

30. Vas. XXI, 14; see also above, V, 164. 



Digitized by 



Google 



IX, 3<S. DUTIES OF HUSBAND AND WIFE. 333 

31. Listen (now) to the following holy discussion, 
salutary to all men, which the virtuous (of the pre- 
sent day) and the ancient great sages have held 
concerning male offspring. 

32. They (all) say that the male issue (of a 
woman) belongs to the lord, but with respect to the 
(meaning of the term) lord the revealed texts differ ; 
some call the begetter (of the child the lord), others 
declare (that it is) the owner of the soil. 

33. By the sacred tradition the woman is declared 
to be the soil, the man is declared to be the seed ; 
the production of all corporeal beings (takes place) 
through the union of the soil with the seed. 

34. In some cases the seed is more distinguished, 
and in some the womb of the female ; but when 
both are equal, the offspring is most highly 
esteemed. 

35. On comparing the seed and the receptacle 
(of the seed), the seed is declared to be more im- 
portant ; for the offspring of all created beings is 
marked by the characteristics of the seed. 

36. Whatever (kind of) seed is sown in a field, 
prepared in due season, (a plant) of that same kind, 

32. Ap. II, 13, 6-7 ; Gaut XVIII, 9-14 ; Vas. XVII, 6-9, 63-64. 
Thus Gov., Kull, Ragh., and Nand. But Medh., Nir., and K. 
(prima manu) read kartari instead of bhartari, and with this reading 
the verse has to be translated as follows : ' They (all) declare that a 
(lawfully begotten) son belongs to the husband, but with respect to 
the begetter (of a child on another's wife) there is a conflict between 
the revealed texts ; some declare the begetter (to be the owner of 
the son), others that (he belongs to the) owner of the soil.' 

34. The commentators point out the cases of Vy&sa and i?/'shya- 
jringa as instances of the truth of the first proposition, and of 
Dhn'tarash/ra and other Kshetra^as as instances of the second. 
' Equal,' i. e. ' belonging to the same owner and to the same class' 
(Medh.). 



Digitized by 



Google 



334 LAWS OF MANU. IX, 37. 

marked with the peculiar qualities of the seed, 
springs up in it. 

37. This earth, indeed, is called the primeval 
womb of created beings; but the seed develops not 
in its development any properties of the womb. 

38. In this world seeds of different kinds, sown 
at the proper time in the land, even in one field, 
come forth (each) according to its kind. 

39. The rice (called) vrlhi and (that called) jali, 
mudga-beans, sesamum, masha-beans, barley, leeks, 
and sugar-cane, (all) spring up according to their 
seed. 

40. That one (plant) should be sown and another 
be produced cannot happen ; whatever seed is sown, 
(a plant of) that kind even comes forth. 

41. Never therefore must a prudent well-trained 
man, who knows the Veda and its Angas and desires 
long life, cohabit with another's wife. 

42. With respect to this (matter), those acquainted 
with the past . recite some stanzas, sung by Vayu 
(the Wind, to show) that seed must not be sown 
by (any) man on that which belongs to another. 

43. As the arrow, shot by (a hunter) who after- 
wards hits a wounded (deer) in the wound (made by 

37. ' Develops not any properties of the womb,' i. e. ' shows no 
properties such as being composed of earth' (Medh., Gov., Kull.). 

39. Vrlhi, i.e. such rice as ripens in sixty days (shash/iki) ; sSli, 
i.e. ' red rice, which ripens in the cold season' (Gov., N£r.). Mudga, 
i. e. Phaseolus Mungo (mug) ; misha, i. e. Phaseolus Radiatus. 

41. VjgT&na, 'the knowledge of the Angas' (Kull.), means 
according to Medh. and Ndr., 'profane knowledge ;' according to 
Righ., ' the tradition.' Nand. inverts the order, and says, ' profane 
and sacred learning.' 

43. Or, according to a second explanation offered by Medh., ' As 
the arrow of the hunter who hits a wounded deer is shot into the 
air (as it were) and becomes useless.' 



Digitized by 



Google 



IX, 47« DUTIES OF HUSBAND AND WIFE. 335 

another), is shot in vain, even so the seed, sown on 
what belongs to another, is quickly lost (to the 
sower). 

44. (Sages) who know the past call this earth 
(prz'thivi) even the wife of Frithu ; they declare a 
field to belong to him who cleared away the timber, 
and a deer to him who (first) wounded it. 

45. He only is a perfect man who consists (of 
three persons united), his wife, himself, and his off- 
spring ; thus (says the Veda), and (learned) Brah- 
ma«as propound this (maxim) likewise, 'The hus- 
band is declared to be one with the wife.' 

46. Neither by sale nor by repudiation is a wife 
released from her husband ; such we know the law 
to be, which the Lord of creatures (Pra^apati) made 
of old. 

47. Once is the partition (of the inheritance) 
made, (once is) a maiden given in marriage, (and) 
once does (a man) say, ' I will give;' each of those 
three (acts is done) once only. 

44. 'Though the earth, after she belonged to Prrthu, was 
possessed by many kings, yet she is called Pr/thivi, or Pn'thvi, 
after her first owner Pn'thu' (Medh., Nan). 

45. In confirmation of the first maxim the commentators adduce 
a passage of the Va£asaneyi-brahmana ; see also Ap. II, 14, 16. 

46. The meaning is that a wife, sold or repudiated by her hus- 
hand, can never become the legitimate wife of another who may 
have bought or received her after she was repudiated (Medh.). 

47. Ya^n. I, 65. 'A partition (of the inheritance),' i. e. ' one 
which has been made in accordance with the law, not one made 
unjustly' (Gov., Kull., RSgh.). Medh. mentions two other ex- 
planations: 1. ' if one of the coparceners complains afterwards that 
he has received too little, he is entitled only to have the particular 
point readjusted, not to annul the whole division;' 2. 'if after the 
division it appears that one of the coparceners was disqualified by 
bodily defects and ought not to have received a share, the portion 



Digitized by 



Google 



336 LAWS OF MANU. IX, 48. 

48. As with cows, mares, female camels, slave- 
girls, buffalo-cows, she-goats, and ewes, it is not the 
begetter (or his owner) who obtains the offspring, 
even thus (it is) with the wives of others. 

49. Those who, having no property in a field, but 
possessing seed-corn, sow it in another's soil, do 
indeed not receive the grain of the crop which may 
spring up. 

50. If (one man's) bull were to beget a hundred 
calves on another man's cows, they would belong to 
the owner of the cows ; in vain would the bull have 
spent his strength. \ '■ . -, I " : ■-•* <, v ,- •<- l i 

51. Thus men who have no marital property in 
women, but sow their seed in the soil of others, 
benefit the owner of the woman ; but the giver of 
the seed reaps no advantage. 

52. If no agreement with respect to the crop has 
been- made between the owner of the field and the 
owner of the seed, the benefit clearly belongs to the 
owner of the field ; the receptacle is more important 
than the seed. 

53. But if by a special contract (a field) is made 
over (to another) for sowing, then the owner of the 
seed and the owner of the soil are both considered 
in this world as sharers of the (crop). 

54. If seed be carried by water or wind into 

made over to him cannot be resumed by the others.' Nar. refers 
the phrase 'I will give' to a verbal promise to give a girl, made 
without a libation of water. I read with Medh., Gov., R&gh., 
Nand., and K. sakr/t sakn't, instead of sataw sakn't, ' those three 
(acts are done) once among good men.' The object of the verse 
is to show that a marriage is indissoluble, because a girl can be 
given once only (Kull., Nand.). 

50. Vas. XVII, 8. 

54. I read with Gov., Ragh., and K. \Ag\, ' the owner of the 



Digitized by 



Google 



IX, 59- DUTIES OF HUSBAND AND WIFE. 2>2>7 

somebody's field and germinates (there), the (plant 
sprung from that) seed belongs even to the owner 
of the field, the owner of the seed does not receive 
the crop. 

55. Know that such is the law concerning the 
offspring of cows, mares, slave-girls, female camels, 
she-goats, and ewes, as well as of females, of birds 
and buffalo-cows. 

56. Thus the comparative importance of the seed 
and of the womb has been declared to you ; I will 
next propound the law (applicable) to women in 
times of misfortune. 

57. The wife of an elder brother is for his 
younger (brother) the wife of a Guru ; but the wife 
of the younger is declared (to be) the daughter-in- 
law of the elder. 

58. An elder (brother) who approaches the wife 
of the younger, and a younger (brother who ap- 
proaches) the wife of the elder, except in times ^^ 
of misfortune, both become outcasts, even though 
(they were duly) authorised. 

59. On failure of issue (by her husband) a woman 
who has been authorised, may obtain, (in the) proper 
(manner prescribed), the desired offspring by (coha- y 
bitation with) a brother-in-law or (with some other) 
Sapiwda (of the husband). 

seed,' instead of vaptS, ' the sower of the seed' (Medh., Kull., 
Nand.). 

55. ' Such is the law,' i.e. what has been stated in verses 48-54. 

56. ' In times of misfortune,' i.e. ' when there is no male offspring.' 

57. Guru means here, according to Ragh., ' the father.' As the 
younger brother's wife is called 'the daughter-in-law' of the elder, 
the explanation is probably correct. 

58-63. Gaut. XVIII, 4-8 ; Vas. XVII, 56-61 ; Baudh. II, 4, 
9-10; Ya#n. I, 68-69. 

59. A woman can be authorised by her husband, or after his 
05] 2 



Digitized by 



Google 



IS 



338 LAWS OF MANU. IS., 60. 

60. He (who is) appointed to (cohabit with) the 
widow shall (approach her) at night anointed with 
clarified butter and silent, (and) beget one son, by no 
means a second. 

61. Some (sages), versed in the law, considering 
the purpose of the appointment not to have been 
attained by those two (on the birth of the first), 
think that a second (son) may be lawfully procreated 
on (such) women. 

62. But when the purpose of the appointment 
to (cohabit with) the widow has been attained in 
accordance with the law, those two shall behave 
towards each other like a father and a daughter- 
in-law. 

63. If those two (being thus) appointed deviate 
from the rule and act from carnal desire, they will 
both become outcasts, (as men) who defile the bed 
of a daughter-in-law or of a Guru. 

64. By twice-born men a widow must not be 
appointed to (cohabit with) any other (than her hus- 
band) ; for they who appoint (her) to another (man), 
will violate the eternal law. 

death by his relatives. 'On failure of issue,' i.e. 'of sons' (Gov., 
Rlgh., Nand.), or 'of sons and of an appointed daughter' (Medh.). 
If the son born is not fit to offer the iraddhas, a second may be 
begot (Medh., Kull., NSr.). 

60. According to the commentators, the expression ' the widow' 
is not intended to prohibit an appointment by a diseased or 
imp'otent husband. 

61. ' Because the Sish/as say, " He who has one son only, has no 
son'" (Medh., Gov., Kull., Figh.). 

62. ' Those two,' i. e. ' the elder brother and the female appointed.' 

63. * Those two,' i. e. ' an elder or younger brother.' ' The rule,' 
see verse 60. For the last clause, compare verse 57. 

64-68. These verses flatly contradict the rules given in the pre- 
ceding ones. But it by no means follows that they are a modern 



Digitized by 



Google 



IX, 7©. DUTIES OF HUSBAND AND WIFE. 339 

65. In the sacred texts which refer to marriage 
the appointment (of widows) is nowhere mentioned, 
nor is the re-marriage of widows prescribed in the 
rules concerning marriage. 

66. This practice which is reprehended by the 
learned of the twice-born castes as fit for cattle is 
said (to have occurred) even among men, while 
Vena ruled. 

67. That chief of royal sages who formerly 
possessed the whole world, caused a confusion of 
the castes (varwa), his intellect being destroyed 
by lust. 

68. Since that (time) the virtuous censure that 
(man) who in his folly appoints a woman, whose 
husband died, to (bear) children (to another man). 

69. If the (future) husband of a maiden dies after 
troth verbally plighted, her brother-in-law shall wed 
her according to the following rule. 

70. Having, according to the rule, espoused her 
(who must be) clad in white garments and be intent 

addition. For the same view is expressed by Ap. II, 27, 2-6, and 
was held, according to Baudh. II, 3, 34, by Aupa^andhani. More- 
over the Bnhaspati Smnti states expressly (Colebrooke IV, Dig. 
CLVII) that the contradictory statement occurred in the Manava 
Dharmajastra, known to its author. 

65. In his commentary on verse 66 Medh. points out that in 
other sacred texts, Rig-veda X, 40, 2, the Niyoga is mentioned. 

66. According to the epic and Paura«ic tradition Vena was the 
father of Prrihu, and a godless king, who demanded that the sacri- 
fices should be offered to himself, not to the gods. He was, there- 
fore, cut to pieces by the Brahmawas with blades of Kiua grass. 
But hitherto no other passage has been found where it is stated 
that he introduced the practice of Niyoga. Possibly the assertion 
of the Manava may have grown out of the etymological import of 
the word vena, 'full of desire or lust' 

70. The child born by a female thus married belongs, as the 
commentators point out, to her deceased betrothed. 

Z 2 



Digitized by 



Google 



340 LAWS OF MANU. TX, 71. 

on purity, he shall approach her once in each proper 
season until issue (be had). 

71. Let no prudent man, after giving his daughter 
to one (man), give her again to another ; for he who 
gives (his daughter) whom he had before given, 
incurs (the guilt of) speaking falsely regarding a 
human being. 

72. Though (a man) may have accepted a damsel 
in due form, he may abandon (her if she be) 
blemished, diseased, or deflowered, and (if she have 
been) given with fraud. 

73. If anybody gives away a maiden possessing 
blemishes without declaring them, (the bridegroom) 
may annul that (contract) with the evil-minded giver. 

74. A man who has business (abroad) may de- 
part after securing a maintenance for his wife ; for a 
wife, even though virtuous, may be corrupted if she 
be distressed by want of subsistence. 

75. If (the husband) went on a journey after pro- 
viding (for her), the wife shall subject herself to 
restraints in her daily life ; but if he departed with- 
out providing (for her), she may subsist by blame- 
less manual work. 

71. Ya^n. I, 65 ; Vi. XXV, 9-10. Regarding the guilt incurred, 
see above, VIII, 98. Medh. and Nand. say that the verse is meant 
to forbid the marriage of a girl whose betrothed died. But Kull. 
thinks that it refers to all cases where a betrothal has taken place, 
and that it removes a doubt which might arise through a too strict 
interpretation of VIII, 227. 

72. 'In due form,' i.e. 'with a libation of water and in the 
presence of Brahmanas' (Medh., Kull., Righ.). ' Blemished,' i. e. 
'by evil bodily marks' (Medh., Kull., Ragh., Nand.), or 'by being 
of a base family* (N&r.). 

73. See above, VIII, 205, 224. 

74. Nand. inserts verses 95-96 after this. 

75. Ya£w. I, 84. ' Shall subject herself to restraints in her daily 



Digitized by 



Google 



IX, 80. DUTIES OF HUSBAND AND WIFE. 341 

76. If the husband went abroad for some sacred 
duty, (she) must wait for him eight years, if (he 
went) to (acquire) learning or fame six (years), if (he 
went) for pleasure three years. 

77. For one year let a husband bear with a wife 
who hates him ; but after (the lapse of) a year let 
him deprive her of her property and cease to cohabit 
with her. 

78. She who shows disrespect to (a husband) who 
is addicted to (some evil) passion, is a drunkard, or 
diseased, shall be deserted for three months (and be) 
deprived of her ornaments and furniture. 

79. But she who shows aversion towards a mad 
or outcast (husband), a eunuch, one destitute of 
manly strength, or one afflicted with such diseases as 
punish crimes, shall neither be cast off nor be de- 
prived of her property. 

80. She who drinks spirituous liquor, is of bad 

life,' i.e. 'shall not adorn herself, nor visit the houses of strangers, 
or go to festivals' (Medh., Kull., RSgh.). 

76. Gaut. XVIII, 15, 17; Vas. XVII, 75-80. Kull., Nar., and 
Ragh. declare that after the expiration of the terms mentioned the 
wife shall go to seek her husband. Nand. says, ' the meaning is 
that no sin is committed if she afterwards takes another husband.' 
Medh. holds that she shall support herself, as before, by blameless 
occupations and remain chaste. He mentions the opinion of 
others, according to which she may take another husband in 
accordance with Narada's and Pararara's precepts, but rejects it. 
' For pleasure,' i. e. ' in order to gain the favours of another woman 
whom he prefers' (Medh., Kull., Ragh.). 

77. ' Her property/ i.e. ' the ornaments and other wealth given to 
her by himself (Kull., Ragh., Nand.), or ' her separate property, 
which he may have given to her' (stridhana, Nar.). The com- 
mentators add that she must, however, be maintained. 

78. 'Addicted to (some evil) passion,' i.e. 'to gambling and so 
forth' (Kull., Nar.), or ' to avarice' (Ragh.). 

80-81. Baudh. II, 4, 6 ; Ya^n. I, 73. 

80. 'Diseased,' i.e. 'afflicted with leprosy or the like' (Kull.); 



y 



^ 



Digitized by 



Google 



342 LAWS OF MANU. IX, 81. 

conduct, rebellious, diseased, mischievous, or waste- 
ful, may at any time be superseded (by another 
wife). 

8 1. A barren wife may be superseded in the 
eighth year, she whose children (all) die in the tenth, 

Is- she who bears only daughters in the eleventh, but 
she who is quarrelsome without delay. 

82. But a sick wife who is kind (to her husband) 
and virtuous in her conduct, may be superseded 
(only) with her own consent and must never be 
disgraced. 

83. A wife who, being superseded, in anger de- 
parts from (her husband's) house, must either be 
instantly confined or cast off in the presence of the 
family. 

84. But she who, though having been forbidden, 
drinks spirituous liquor even at festivals, or goes to 
public spectacles or assemblies, shall be fined six 
kr?sh#alas. 

85. If twice-born men wed women of their own 
and of other (lower castes), the seniority, honour, 
and habitation of those (wives) must be (settled) 
according to the order of the castes (var«a). 

86. Among all (twice-born men) the wife of equal 
caste alone, not a wife of a different caste by any 
means, shall personally attend her husband and 
assist him in his daily sacred rites. 

87. But he who foolishly causes that (duty) to be 

' mischievous,' i.e. ' who beats or ill-treats her children, servants, &c.' 
(Medh., Nan, Kull.). 

83. 'Of the family,' i. e. ' of her own and the husband's family' 
(Medh.), or 'of her own family' (Kull., Nar.). 

86. Vi. XXVI, 1 ; Yign. 1, 88. ' Personally attend," i. e. ' prepare 
and bring his food, &c.' (Medh.; Kull., Ragh.). 

87. Vi. XXVI, 2. Instead of 'by the ancients * (Kull., R4gh., 



Digitized by 



Google 



IX, 93- DUTIES OF HUSBAND AND WIFE. 343 

performed by another, while his wife of equal caste 
is alive, is declared by the ancients (to be) as (despi- 
cable) as a Aa«dala (sprung from the) Brahmawa 
(caste). 

88. To a distinguished, handsome suitor (of) equal 
(caste) should (a father) give his daughter in ac- 
cordance with the prescribed rule, though she have 
not attained (the proper age). 

89. (But) the maiden, though marriageable, should 
rather stop in (the father's) house until death, than 
that he should ever give her to a man destitute of 

' good qualities. 

90. Three years let a damsel wait, though she be 
j marriageable ; but after that time let her choose for 

herself a bridegroom (of) equal (caste and rank). 

91. If, being not given in marriage, she herself 
seeks a husband, she incurs no guilt, nor (does) he 
whom she weds. 

92. A maiden who choses for herself, shall not 
take with her any ornaments, given by her father or 
her mother, or her brothers; if she carries them 
away, it will be theft. 

93. But he who takes (to wife) a marriageable 

Nand.), Medh. says, ' since olden times,' N£r. ' in the Purawa.' 
Regarding the origin of the A'aWilas, see below, X, 1 2. 

88-92. Gaut. XVIII, 20-23; Vas. XVII, 69-71; Baudh. IV, 1, 
11-14 ; Vi. XXIV, 40-41 ; Ya^w. I, 64. 

88. 'Though she have not attained (the proper age),' i.e. 'the age 
of eight years' (Kull., Nir., R&gh.), or 'before she is bodily fit for 
marriage '(Medh., Nand.). Medh. specially objects to the first opinion, 
' because men greedy of money give even an infant in marriage.' 

92. I read with Medh. and Nand., steyam syat, instead of sten& 
syat, ' she will be a thief (Kull., Rdgh., K.). Medh. mentions 
another reading, stenaA 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£id ahuA aminavo 'yaw doka^). 



Digitized by 



Google 



/ 



344 LAWS 0F 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 with 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, Mr., RSgh.). 

95. * From the gods,' i. e. ' from those mentioned in the Mantras 
recited at the wedding, e. g. from Bhaga, Aryaman, Savit/7, &c.' 
(Kull., RSgh.), or 'from Agni' (N&r.), or 'from Soma, the Gan- 
dharva, and Agni' (Medh., Nand.). Medh. reads vindetanii&iaya, 
'shall wed without a wish on his part,' but mentions the other 
reading, vindate neiWayS, 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 



Digitized by 



Google 



IX, 104. DUTIES OF HUSBAND AND WIFE. 345 

98. Even a .Sudra 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^niiptiaLfee. 

101. ' 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 
VIII, 204. 

99. Nand. places this verse after the next. 

104. Gaut. XXVIII, 1; Baudh. II, 3, 8; Ya^n. 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., Nir., Ragh., 
Nand.). The mother's estate devolves on the sons only on failure 
of daughters (Nir.). The word urdhvam, 'after,' indicates by 
implication that the rule holds good in the case of the (father's) 



U- 



Digitized by 



Google 



34^ LAWS OF MANU. IX, log. 

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. 

1 10. If the eldest brother behaves as an eldest 
brother (ought to do), he (must be treated) like a 

turning ascetic (RSgh.). 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., R&gh.), or possesses particularly eminent qualities, 
while the others are less distinguished (NSr.). 

106. Regarding the debt, see Vas. XI, 48. 

107. This verse alludes to the Vedic text quoted, Vas. XVII, 1 ; 
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., RSgh.). 



Digitized by 



Google 



IX, ii4. INHERITANCE. 347 

mother and like a father ; but if he behaves in a 
manner unworthy of an eldest brother, he should 
yet be honoured like a kinsman. 

in. Either let them thus live together, or apart, 
if (each) desires (to gain) spiritual merit; for (by 
their living) separate (their) merit increases, hence 
separation is meritorious. 

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., RSgh.); see also below, verse 213. 

in. Gaut. XXVIII, 4. '(Their) merit increases,' i.e. 'each of 
them has to kindle the sacred fire, to offer separately the Agni- 
hotra, the five great sacrifices and so forth, and hence each gains 
separately merit' (Medh., Kull.). 

112. Gaut. XXVIII, 5-7; Baudh. II, 3, 9; Vi. XVIII, 37; 
Y&gn. II, 114. 'The remainder shall be divided equally,' see verse 
116 (Medh., Kull, NSr., R4gh.). 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' (Medh.), or 'something impartible like an idol' (Nand.). 



S 



Digitized by 



Google 



348 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. 

1 18. 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., Rlgh., according 
to Gaut. XXVIII, 12, where they read darataA paxunSm, instead 
of daratam. 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. 

1 15. 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; Ya^n. II, 124. According to all the com- 



Digitized by 



Google 



IX, UO. 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 Brahmana's sons by 
a Brahmaoa 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, svabhyaA svabhyas 
tu kanyabhaA, ' 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.). 

1 20. I. e. the Kshetra^a receives no preferential share, as his 
father would have done. Kull. infers from this verse that, though 



Digitized by 



Google 



350 LAWS OF MANU. IX, tax. 

121. The representative (the son begotten on the 
wife) is not invested with the right of the principal 
(the eldest brother to an additional share); the 
principal (became) a father on the procreation (of 
a son by his younger brother) ; hence one should 
give a share to the (son begotten on the wife of 
the elder brother) according to the rule (stated 
above). 

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 like 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).' NSr. 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.' Righ. goes off still 
further, ' The principal (the eldest) must according to the law not 
be treated like the substitute (i. e. not be deprived of an additional 
share, yet as) the father is the chief person in the procreation (of 
children), one should give a share to the (son of the wife) in accord- 
ance with the law (applicable to his' real father).' Medh. has a 
similar explanation, '(To say) that the substitute (i. e. the Kshetra^a) 
is equal to the principal is not proper according to the sacred law ; 
the father (i. e. the begetter) is the principal in the procreation of 
children, hence one must give a share (to the 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. 



Digitized by 



Google 



IX, ia6. 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. 

1 24. 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 Subrahmawya (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, 1 5. ' 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' (Nir.). 

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- 
v&da and have no legal force, and Ragh. inclines to the same 
opinion. N&r. 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 reiving 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-br&hmawa VI, 3. 
Nand. reads yamaycw £aikagarbhe 'pi. 



y 



Digitized by 



Google 



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 Kas- 
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. GauL 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 NaT. all 
strfdhana is meant; according to 'others' mentioned by Medh.,Nand., 
and Ragh., the so-called saudayikam or property derived from the 



Digitized by 



Google 



IX, 135- INHERITANCE. 353 

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.' DauhitraA, 
literally 'the son of a daughter,' means according to the com- 
mentators ' the son of an appointed daughter,' putrikaputraA. 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. YSgn. II, 128. Loke dharmataA, 'neither with respect to 
worldly affairs nor to sacred duties'(Kull.), 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. 

[*5] A a 



Digitized by 



Google 



354 LAWS 0F MANU. IX, 136. 

1 36. 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 akn'ta va krM 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 akrita 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 ; Yi^n. I, 78. ' The worlds,' 
i. e. ' the ten, called vuoka (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. ' Hiranyagarbha ' 
(NaT.). The verse shows that sons and grandsons inherit, though 
a wife and the rest may be living (Kull.). 

1 38. Vi. XV, 44. 

139. Vi. XV, 47. According to Medh. and Kull., dauhitraA, ' the 



Digitized by 



Google 



TX,I 4 2. 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, 'like a son;' Gov. purva^an, 
'(and) the ancestors.' 

140. Baudh. II, 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. Paruish/a 16. Medh., Kull., and 
Ragh. refer this rule to the case where a man has a legitimate son 
and an adopted son, and think that in such a case the latter, being 
eminently virtuous, shall receive, like a Kshetra^a (see verse 146), 
a fifth or sixth part of the estate. Medh. remarks that some think 
he is to have half, but that their opinion is improper, and finally that 
Up&dhyaya, 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 putrakaA, ' 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«a.' 

A a 2 



Digitized by 



Google 



3$6 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 (Sapi«^a), 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 1 20) the additional share of an eldest son, because 
it is said that he inherits ' like a legitimate son.' N£r. 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. 



Digitized by 



Google 



IX, 15a. INHERITANCE. 357 

those begotten by one man on many wives of 
different (castes). 

149. If there be four wives of a Brihma«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 : 

150. 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 Brahma»i (wife) take 
three shares of the (remainder of the) estate, the son 
of the Kshatriya two, the son of the Vawya a share 
and a half, and the son of the 6*udra may take one 
share. 

152. Or let him who knows the law make ten 
shares of the whole estate, and justly distribute them 
according to the following rule : 

149-156. Gaut XXVIII, 35-39 ; Vas. XVII, 48-50; Baudh.II, 
3, 10 ; Vi. XVIII, 1-33, 38-40 ; Ya^i. II, 125. 

150. 'The ornaments,' i. e. ' the ring which the father used to 
wear, and the like' (Medh., Kull.). ' The house,' i. e. ' the principal 
mansion' (Medh., Kull., RSgh.). Eka«war fa pradhSnataA, ' 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 ' (pradMnato mukhyadhanad utkr*'sh/ad ity arthaA), 
and according to R&gh. ' and one share, because he is the chief 
person.' According to Ndr. this 'one share' must be equal in 
value to one of the three shafes 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 Brahma»t possesses good 
qualities, the second when he is destitute of them. 



Digitized by 



Google 



35^ LAWS OF MANU. IX, 153. 

153. The Brihma#a (son) shall take four shares, 
the son of the Kshatriya (wife) three, the son of the 
Vawya shall have two parts, the son of the .Sudra 
may take one share. 

154. Whether (a Brahmawa) 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 .Stodra 
(wife) no more than a tenth (part of his estate). 

155. The son of a Brahma#a, a Kshatriya, and a 
Vaijya by a .Stodra (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 .SMra 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. Medb. points out that according to other Smrrtis the Brah- 
ma»a son alone receives land, given to his father, and that the 
•Sudra son receives no share in land, if there is other property. 

154. Hence on failure of other sons the other heirs, the Sapiwrfas 
(Medh.), or the widow and the rest (N&r.), shall take the rest of the 
estate. N&r. adds that he may obtain more than a tenth, if his 
father give it to him. 

155- The son of a .Sudra wife receives no share of his father's 
estate in case the mother was not legally married (Medh. ' others,' 
Kull.), or in case he is destitute of good qualities (Kull., Ragh.). 
According to Medh. and Nar., na rikthabhak, ' receives no share of 
the inheritance,' means ' receives no (larger) share (than one-tenth, 
except if the father himself has given more to him).' But it seems 
more probable, that the verse is intended to inculcate the maxim 
that a son by a Sudra wife cannot claim any fixed portion of the 
inheritanoe from his father who divides his estate. 

156. Medh., Gov., and K. read va,'or,' instead of ye (gita^), 
but this gives no good sense, as Medh. remarks. 



Digitized by 



Google 



IX, 162. 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 .Sudra 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, 31-33. 

158. I. e. the first six inherit the family estate and offer the 
funeral oblations, the last six do not inherit, but offer libations of 
water and so forth as remoter kinsmen (Kull., Nar., Ragh., Nand. 
'some'). Medh., Nar., and Nand. take adayadabandhavaA 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 bandhudayad&A, ' 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 
knputrai^, ' 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.), 



Digitized by 



Google 



360 LAWS OF MANU. IX, 163. 

son of his body and a son begotten on his wife, each 
(of the two sons), to the exclusion of the other, 
shall take the estate of his (natural) father. 

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., Kull., and Ragh., think that it applies to the case 
where a wife first was appointed by her husband to procreate a son 
with his brother, and afterwards a legitimate son was bom. 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. Nir. 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 Kshetragu is entitled to receive only the share of the 
husband of his mother, not to claim a portion of the estate of his 
natural father. Under this supposition the translation would be, 
' If a legitimate son (of one brother) and the son of the wife (of 
another) have a claim to one (undivided) estate, each shall receive 
the share of his father.' 

163-165. Vi. XV, 28-30; Ya^w. 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* 
(Medh., Kull.); butnot, if they have other means of subsistence (N and.). 

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 



Digitized by 



Google 



IX, 168. 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 (Kshetrafa). 

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 Kshetragu receives one-fifth, if he is endowed 
with good qualities, else one-sixth' (Medh., Kull., Nar., Ragh., 
Nand.). 

165. Vas. XVII, 39. Gotrariktha»wabhaginaA, '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 N&r. and Nand., accord- 
ing to which a««ibhdginaA, ' 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 ; 
Ya£«. II, 128. I read prathamakalpikam with Medh., Gov., Nar., 
and K. Ragh. gives prathamakalpikam. Kull. and Nar. think 
that the wife must be of equal caste, while Medh. says that sva 
means 'his own,' not 'of his own caste.' Medh. mentions Kull.'s 
opinion as that of ' others.' 

167. Vas. XVII, 14; Baudh. II, 3, 18; Vi.XV, 3; Ya^ft.I, 69, 
11,127-128. 

168. Vas. XVII, 29; Baudh. II, 3, 20; Vi. XV, 18-19; Yzgn. 



Digitized by 



Google 



362 LAWS OF MANU. IX, 169. 
1 

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 (Kntrima) 
whom (a man) makes his son, (he being) equal (by 
caste), acquainted with (the distinctions between) 
right and wrong, (and) endowed with filial virtues. 

1 70. If (a child) be born in a man's house and his 
father be not known, he is a son born secretly in the 
house (Gudhotpanna), and shall belong to him of 
whose wife he was born. 

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. Sadraam, ' equal (by caste),' (Kull., NaT., Ragh., Nand.), 
means according to Medh. ' equal by virtues, not by caste.' ' His 
mother or his father,' i.e. 'after mutually agreeing' (Kull.), 'the 
mother, if there is no father' (Ragh.). Medh. and Nand. read 
mata pita £a, ' his mother and his father,' but Medh. adds that v& 
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' (Righ.). ' In times of distress,' i.e. ' if the adopter 
has no son' (Kull., Ragh.), or 'if the adoptee's parents are in 
distress' (NaT.). 

169. Baudh. II, 3, 21; Y&£». II, 131. Medh. again says, 'equal 
by qualities.' ' Acquainted with (the distinctions between) right 
and wrong,' i. e. ' by performing or not performing .Sr&ddhas 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»adoshaviiaksha»aA, 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; YSgn. 
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; Y%». 



Digitized by 



Google 



IX, 176. INHERITANCE. 




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 (Sahoa^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 (Krltaka). 

1 75. 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). 

176. 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, 13 a. The reason of the desertion may be 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' (NaT., Nand.). 

17 a. Vas. XVII, a 2-2 3 ; Baudh. II, 3, 24 ; Vi. XV, 10-1 1 ; Y&gn. 
II, 1 29. 'Provided the lover was of equal or higher caste ' (Nir.). 

173. Vas. XVII, 26-27; Baudh. II, 3, 25 ; Vi. XV, 15-16 ; YSgn. 
II, 131. Medh.'8 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 ; Y&gn. 

II, 131. ' Equal or unequal,' i. e. ' by good qualities, not by caste' 
(Kull., Righ.), means according to Nir. ' whether of equal or of 
lower caste.' 

175. Vas. XVII, 18; Baudh. II, 3, 27; Vi. XV, 7-9; Y&gn. 

II, 130- 

176. Vas. XVII, 74. ' Hence a re-married woman, who is not a 



Digitized by 



Google 



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- 
yawdatta). 

178. The son whom a Brahma#a begets through lust 
on a .Sudra female is, (though) alive (parayan), a corpse 
(^ava), and hence called a Para^ava (a living corpse). 

179. A son who is (begotten) by a .Sudra on a 
female slave, or on the female slave of his slave, 
may, if permitted (by his father), take a share (of 
the inheritance) ; thus the law is settled. 

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' (NSr.), Rlgh., relying on 
Y&gii. II, 1 30, expresses the contrary view, and thinks that the word 
vi, ' or,' at the end of the first half-verse, permits the insertion of 
' or not a virgin.' 

177. Vas. XVII, 33-35 j Baudh. II, 3, 28; Vi. XV, 22-23 5 Ya^n. 
II, 131. 

178. Vas. XVII, 38; Baudh. II, 3, 30; Vi. XV, 27. 'On a 
.Sudra-female ' i. e. 'one married to him' (Kull). The designation 
' a corpse ' indicates that his father derives imperfect benefits from 
his offerings (Kull., Ndr., Righ.), or that he is blameable (Ragh.). 
The term Brahmawa includes Kshatriyas by implication (Ndr.). 

179. Ya£n. 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^w. (Medh.). 

180. Kriyalop&t, ' 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 



Digitized by 



Google 



IX, i8s- 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 (Medh.), 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 (Ya^w. 

H.I35)- 

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 VaLrya 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 



Digitized by 



Google 



366 LAWS OF MANU. IX, 186. 

1 86. To three (ancestors) water must be offered, 
to three the funeral cake is given, the fourth 
(descendant is) the giver of these (oblations), the 
fifth has no connection (with them). 

187. Always to that (relative within three de- 
grees) who is nearest to the (deceased) Sapinda. the 

son, leaving no male issue, or the brothers with his permission, 
and that the estate of a divided son descends to his wife, and other 
heirs mentioned by Ya£n. II, 135-136. All these interpolations 
are most probably improper, as Mann 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. 

1 86. ' To three,' i. e. ' to the father, the grandfather, and the great- 
grandfather' (Kull., NSr., 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 anantaraA sapi»<£t can mean any- 
thing else than * nearest to the Sapi»<&,' and that this Sapi»<fa can be 
anybody else than the deceased. Further, as verse 186 apparently 
contains a definition of the term, limiting Sapi#<&-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 sapi«</at for sapi»</amadhyat, ' among the Sapvu&s.' The 
correctness of the above explanation is also attested by the closely 
allied parallel passage of Baudhayana I, n, 9-13, the first Sutra of 



Digitized by 



Google 



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 Gimutavahana 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 Sapi/w/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 Sapi«c<fo who is the nearest among the SapiWas, be he a male 
or a female, the estate of the deceased shall belong.' He then goes 
on to enumerate the heirs in the following order: 1. the legitimate 
son, sharing with a Kshetra^a (verse 164), and a virtuous adoptive 
son (verse 141) ; 2. the appointed daughter and her son; 3. the 
Kshetra^a and the other ten subsidiary sons, each on failure of the 
earlier named, with the proviso that the son of a Sudra 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«</a, (a) of the grandfather's 
line, (b) of the great-grandfather's line, and so forth; 11. the 
Sam&nodakas, or relatives allied by libations of water (Kull. con- 
sidering Sakulya as equivalent to Samdnodaka) ; 1 2. the teacher ; 
13. the pupil. According to Kull. the translation should be, 'To 
the nearest among the Sapi/x/as (male or female) the estate shall 
belong; afterwards (on failure of Sap Was) a Samanodaka shall be 
(the heir), next the teacher, and (then) the pupil.' Ragh. in sub- 
stance agrees with this explanation, but in order to make the rule 
still more fully agree with Yign. II, 135-136, he asserts that the 



Digitized by 



Google 



368 LAWS OF MANU. IX, 188. 

1 88. But on failure of all (heirs) Brahmawas (shall) 
share the estate, (who are) versed in the three 
Vedas, pure and self-controlled ; thus the law is not 
violated. 



Bandhus or cognates are also implied by the term Sakulya. His 
explanation of the first words also differs from Kull.'s, and is more 
in accordance with the rules of grammar, * He who is the nearest to 
the Sapi«</a, i.e. to the legitimate son and the son of the daughter 
— (viz.) the five, the wife and the rest (mentioned by Yign. II, 
i35 -I 3<>)-' Ragh. and Kull. are clearly under the spell of YSgiL, 
and most improperly transfer into Manu's text the ideas of the 
latter. Nar.'s short disjointed remarks are not very clear. He 
explains the first words by esha/w madhye sapua&n&m ato 
tho[yo]nantaro yatha putrasya pita tasya tatpitetyadi tasya tasya 
taddhanam, 'Among those Sapindas the nearest to him, i.e. the 
father to his son, his father to him, and so forth ; always to him that 
estate (shall belong).' He then enumerates, on failure of the father, 
the brother and his son, the grandfather, the Samanodaka, the 
Sagotra, and the 'Bandhu, i.e. the maternal uncle and the rest,' as 
successive heirs, and explains Sakulya by Bandhu. 

Nand., whose text has a faulty reading sapim/arha£, asserts 
that pi«</a (sapim/a ?) means ' the deceased,' and explains the first 
line by saying, ' Always to him who is the Sapi*/a nearest to the 
deceased the wealth, the estate, shall belong — the repetition (of the 
word tasya) shows the successive order.' The Sakulyas are, accord- 
ing to him, the Samanodakas. He reads sakulyiA syuh, ' Sakulyas 
shall be the heirs.' 

1 88. Gaut. XXVIII, 41 ; Vas. XVII, 84-86 ; Baudh. 1, 13, 14; VL 
XVII, 13-14. The phrase 'on failure of all (heirs),' i.e.' of those 
mentioned' (Ragh.), or ' of all males and females, related in any way 
(to the deceased),' (Nand.), indicates according to Kull. that other 
unnamed persons, such as fellow-students, are also entitled to 
inherit 'Brahmanas,' i.e. ' such as live in the same village' (Nar.). 
' Pure,' i. e. ' careful of external and internal purity ' (Kull.), or 
better 'who are of good conduct' (Nar.). According to Kull. and 
Ragh., the meaning of the last clause is that the Brahmanas who 
inherit the estate will offer the funeral sacrifices, and thus no 
violation of the law regarding the .Sraddhas will occur. Nar. points 
out that this rule, as the following verse shows, refers solely to the 
property of a BrShma«a. 



Digitized by 



Google 



IX, 191. INHERITANCE. 369 

189. The property of a Brihmawa must never be 
taken by the king, that is a settled rule ; but (the 
property of men) of other castes the king may take 
on failure of all (heirs). 

190. (If the widow) of (a man) who died without 
leaving issue, raises up to him a son by a member 
of the family (Sagotra), she shall deliver to that 
(son) the whole property which belonged to the 
(deceased). 

191. But if two (sons), begotten by two (different 
men), contend for the property (in the hands) of 
their mother, each shall take, to the exclusion of the 
other, what belonged to his father. 

189. Ap. II, 14, 5 ; Gaut. XXVIII, 42 ; Vas. XVII, 83 ; Baudh. 
I» *3> 15-16. According to Kull. and Ragh., the repetition of the 
prohibition to take the property of a Brahmawa shows that, if no 
learned and virtuous Brdhmanas are to be found, the king shall 
give the estate of a Br&hmaoa deceased without heirs, even to men 
who have nothing but the name of the Brahmawa caste. 

190. According to Kull. and Ragh., this verse refers to the case 
in which a duly authorised widow bears a son to a relative of her 
husband, and repeats the rule given above, verse 146, which here 
however is made imperative on the widow. Kull. adds that the 
object of the repetition is to show that not only a brother-in-law or 
a Sapi»</a, as stated above, verse 59, but also a remoter relative, a 
Sagotra, may beget a son for a man deceased without issue. Nar., 
on the other hand, thinks that in accordance with this verse a child 
which a widow bears, even without authorisation, to a Sagotra shall 
inherit the estate of the widow's deceased husband (sagotrSd yadi 
tantuw samt&nam Shared aniyuktSpi strt tadi golakatve 'pi tasya 
fn&tyantar&bh&ve kshetrapatidhanaharitvam ity arthaA). He adds 
that some apply this rule to Sudra females only, and that in the 
opinion of these persons GhdAagas, Kaninas, and Saho^as also 
are considered as sons in the case of Sudras only, not in the case 
of Aryans. 

191. Kull. and Nand. think that the verse refers to the case in 
which a woman married successively two husbands and bore a son 
to either. If the two husbands died and their property remained in 

[25] B b 



Digitized by 



Google 



37° LAWS OF MANU. IX, 19a 

192. But when the mother has died, all the 
uterine brothers and the uterine sisters shall equally 
divide the mother's estate. 

193. Even to the daughters of those (daughters) 
something should be given, as is seemly, out of the 
estate of their maternal grandmother, on the score 
of affection. 

194. What (was given) before the (nuptial) fire, 
what (was given) on the bridal procession, what was 

the hands of the wife, she is to make over the entire property of 
her first husband to his son, and the property of the second hus- 
band to the son of the latter. Ragh. gives the same explanation, 
but proposes as an alternative, * If two (sons), begotten by two 
(different men), contend for the separate property of their mother, 
&c.' For a twice-married woman will have received nuptial and 
other presents from both husbands. After her death her sons shall 
each receive what came to her from his father. Nar. finally holds 
that the verse refers to a contention between a legitimate son and 
a Golaka or a Paunarbhava for the estates of their respective fathers 
which their mother holds. He construes striy&A with gitaa, 'be- 
gotten by two (different men) on one woman.' 

19a. Kull. and Ragh. restrict this rule, in accordance with a 
passage of Br/haspati, to unmarried daughters, and hold that mar- 
ried daughters receive merely 'a token of respect.' The latter 
amounts according to Kull. to ' one-fourth of a share ;' see above, 
verse 118. Nar. says that the term 'the mother's estate' refers to 
' other property than stridhana or separate property,' and adds to 
the expression 'the sisters' aputWW, ' those who have no sons.' 
He, however, gives the opinion, held by Kull. and Ragh. also, 
stating that it belongs to ' some.' 

193. Kull. holds that the granddaughters should be unmarried. 
Nar. says, ' When the married daughters are dead, their daughters 
shall be presented at will by their maternal uncles with the share 
which their mothers would have received as a token of respect' 
Ragh., too, thinks that 'on the score of affection' means 'at the 
pleasure (of the heirs).' But Nand. deduces from the same term 
the absolute necessity of the gift 

194. Vi. XVII, 17; Y£gii. II, 143. 'What was given in token 
of love,' Le. ' by the husband' (ratikale, Nar.). 



Digitized by 



Google 



IX, 198. INHERITANCE. 37 1 

given in token of love, and what was received from 
her brother, mother, or father, that is called the six- 
fold property of a woman. 

195. (Such property), as well as a gift subsequent 
and what was given (to her) by her affectionate hus- 
band, shall go to her offspring, (even) if she dies in 
the lifetime of her husband. 

196. It is ordained that the property (of a woman 
married) according to the Brahma, the Daiva, the 
Arsha, the Gandharva, or the Pra^apatya rite (shall 
belong) to her husband alone, if she dies without issue. 

197. But it is prescribed that the property which 
may have been given to a (wife) on an Asura mar- 
riage or (one of the) other (blamable marriages, 
shall go) to her mother and to her father, if she dies 
without issue. 

198. Whatever property may have been given by 
her father to a wife (who has co-wives of different 
castes), that the daughter (of the) Brahmafci (wife) 
shall take, or that (daughter's) issue. 

195. Ya^n. II, 144. Kull. and Nar. state that both the separate 
property of a woman, enumerated in verse 194, and that named in 
verse 195, descend to her children, i.e. 'to her sons and the rest' 
(Ragh.), or 'to her sons or daughters' (Nand.). Nar. remarks 
that 'a gift subsequent' and 'the husband's affectionate gift' are 
not strfdhana, or separate property, and that hence the wife has no 
right of free disposal with respect to these two. 

196-197. Vi. XVII, 19-20; Yi^n. II, 145. 

196. Nar. adds to the term 'property,' strldhanastrldhanarupam, 
' whether separate property or not.' 

198. I. e. if a Brahmawa has wives of the Brahmawa and Ksha- 
triya castes, property given in any way to the Kshatriya wife by 
her own family, goes to the daughter of the Brahmawa wife, or if 
that daughter of the Brahmawa wife is dead and has left issue, to 
the latter. ' Thus the sons of the Brahmawa wife are excluded' 
(Kull., Nar.). Nar. states expressly that the term ' issue' refers to 
daughters alone. 

B b 2 



Digitized by 



Google 



372 LAWS OF MANU. ' IX, 199. 

199. Women should never make a hoard from 
(the property of) their families which is common to 
many, nor from their own (husbands' particular) 
property without permission. 

200. The ornaments which may have been worn 
by women during their husbands' lifetime, his heirs 
shall not divide; those who divide them become 
outcasts. 

201. Eunuchs and outcasts, (persons) born blind 
or deaf, the insane, idiots and the dumb, as well as 
those deficient in any organ (of action or sensation), 
receive no share. 

199. Kull. and Ragh., whose explanation the translation given 
above follows, take the first clause to refer to the property of a 
united family, and the second to the separate property of the hus- 
bands. But according to Nar. and Nand. the translation should 
be as follows, ' Wives should never take anything (for their private 
expenses) from (their husbands' property, destined for the support 
of) their families, on which many have a claim, nor from their own 
property (which is not strfdhana), without the consent of their hus- 
bands.' Nar.'s explanation of nirharaw kuryuA, 'should (never) 
take anything,' seems preferable to that given by Kull. and Ragh. 

200. Vi. XVII, 22. 'His heirs,' i. e. ' the sons and the rest' 
(Kull., Nar.). Nand., who differs from the above explanation, 
says, ' Since the ornaments are the husband's property, because 
they have not been mentioned as strfdhana, the object of this 
utterance is to forbid their going to the heirs, while the husband 
lives' (alawkarasya stridhane 'nudish/atvad bhartr/dhanatvena bhar- 
tnbhave dayadanam praptyapavidartho 'yam arambha£). Nand. 
appears, therefore, to construe patyau ^ivati with bha^eran, just as 
Nandapa«</.ta does in the parallel passage of Vishnu (see Professor 
Jolly's note). 

201-203. Ap. II, 14, 1, 15 ; Gaut. XXVIII, 23, 40, 43; Vas. XVII, 
52-53 ; Baudh. II, 3, 37-40 ; Vi. XV, 32-37 ; YSgO. II, 1 40-1 41. 

201. ' Eunuchs,' i. e. 'those who are incurable;' ' outcasts,' i. e. 
' those guilty of a mortal sin (mahapataka) before they perform a 
penance ; ' 'the insane,' i. e. ' those who are incurable ' (Nar.). 
•Those deficient in any organ, i.e. of action' (Nand.), such as 
lame men (Kull., Nand.), such as men without hands (Ragh.), or 



Digitized by 



Google 



IX, 204- INHERITANCE. 373 

202. But it is just that (a man) who knows (the 
law) should give even to all of them food and rai- 
ment without stint, according to his ability ; he who 
gives it not will become an outcast. 

203. If the eunuch and the rest should somehow 
or other desire to (take) wives, the offspring of such 
among them as have children is worthy of a share. 

204. Whatever property the eldest (son) acquires 
(by his own exertion) after the father's death, a 
share of that (shall belong) to his younger (brothers), 
provided they have made a due progress in 
learning. 

also ' of sensation,' such as men who have lost the faculty of touch 
(Nar.). 

202. Medh.and Kull. take atyantam, 'without stint,' in the sense 
of ' for life.' Nar. construes the word with adadat, and explains 
' he who does not give it at all.' Nand. reads abhyangam, ' oint- 
ments,' for atyantam, ' without stint.' 

203. Medh. is of opinion that some of the persons disqualified 
from inheriting, the vataretas kliba, those born blind and the lame, 
may marry, while outcasts, madmen, and the rest cannot do so. 
Hence the conditional clause may be taken in the sense adopted 
above in the translation. He, however, adds that the rule may 
also refer to cases in which the cause of the disqualification 
arose after marriage. Ndr.'s explanation is substantially the same. 
But he considers that a eunuch and an outcast cannot contract 
a legal marriage, and that the expression klMdaya/4, literally ' those 
among whom the eunuch is the first,' refers to ' men born blind and 
the rest.' He admits also the rights of the Kshetraga sons of 
eunuchs and outcasts who contracted a marriage before their dis- 
qualification arose. Kull. says, ' By the employment of the term 
" somehow or other" it is indicated that a eunuch and the rest are 
not worthy to marry.' In the sequel he explains the word ' off- 
spring' by Kshetra^a. R&gh. and Nand. follow him with respect to 
the latter point. 

204. The rule refers of course to a united family only (Kull.). 
Medh. infers from the expression vidyanupalinaA, ' provided they 
have made a due progress in learning,' that ' persons subsisting by 
learning, mechanics and artisans, such as physicians, actors, singers,' 



Digitized by 



Google 



374 LAWS OF MANU. IX, MS- 

205. But if all of them, being unlearned, acquire 
property by their labour, the division of that shall 
be equal, (as it is) not property acquired by the 
father; that is a settled rule. 

206. Property (acquired) by learning belongs 
solely to him to whom (it was given), likewise the 
gift of a friend, a present received on marriage or 

* with the honey-mixture. 

are meant. Nar.. and Nand. hold that no part of an acquisition, 
made under the same circumstances by the youngest brother, can 
be claimed by the eldest, because this verse specifies the eldest 
alone, and because the next verse declares that the acquisitions 
only made by any member of an unlearned family, shall be 
partible. 

205. Gaut. XXXVIII, 31. This rule refers to acquisitions by 
trac'e (Medh., Kull., Nar.), by agriculture (Medh., Kull. Nand.), or 
by royal service (Medh.). ' As the division is to be equal, the 
eldest receives no preferential share' (Medh., Kull., Nand.). Medh. 
adds that, since the expression 'as it is not property acquired by 
the father,' gives the reason for the equal division, the same rule 
holds good for the division of the estate of any other person de- 
ceased without issue. Nand. takes apitrya iti for apitryaA id and 
explains it by 'since (the division) has not been made by the father.' 

ao6. YSjfti. II, 1 1 8-1 19. '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. 195b, 1. 6. 'A 
present received on marriage,' i. e. ' what (the bridegroom) receives 
from the relatives of his wife' (Medh., Nar.), or 'from any other 
person' (Medh. 'others'), means according to Nand., ' stridhana 
received at the time of marriage' (?). ' A present received with the 
honey-mixture' is explained by Medh. and, as Kull. asserts, by 
Gov. also, by ' the fee given for the performance of a sacrifice.' 
But the explanation given by Kull., Nar., Ragh., and Nand., ' any 



Digitized by 



Google 



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 (Rdgh.), 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. Rdgh. 
adds that, as the parallel passage of Ya^n. 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. Ya^n. II, 116. The translation given above follows the 
second explanation offered by Medh., and the glosses of Kull. 
and Ndr. 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. Y&gri. II, 118; Vi. XVIII, 42. 'By his labour,' i.e. 'by 
agriculture and the like' (Medh., Kull., Nand.), or 'by any occupa- 
tion entailing trouble' (jrama^anyakarmawS, Ndr.). Anupaghnan, 
'without using' (Nand.), or 'without living upon' (RSgh.), is ex- 
plained by Kull. ' without detriment to,' and Nand. mentions this 
interpretation also. Ndr. remarks that acquisitions made without 
labour or trouble are liable to partition. Nand. says that the rule, 
given in this verse, may be reconciled with that contained in verse 
205, by assuming that the latter presupposes that all brothers exert 
themselves according to their ability (purvam sarveshu yathdsd- 
marthyam ihamdneshu bhratr/shu labdhasya samavibhaga ukta ity 
avirodho 'nusawdheyaA). 

209. Ya^rLII, 119; Vi. XVIII, 43. The translation of paitr*'- 
kam, lit. ' paternal,' by ' ancestral/ is based on Ndr.'s gloss svapitr/'- 



Digitized by 



Google 



376 LAWS OF MANU. IX, 310. 

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 pitrspitamahadisambandhi. The latter 
refers also to the parallel passage of Ya^ii. 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 arthaA. 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^». 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, 4 i. 

2ii. '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^w. II, 138. The 



Digitized by 



Google 



IX, 314. 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: 1. according to Medh., with whose opinion 
the not very clear glosses of Kull. and Ragh. seem to agree, ' the 
share of a deceased reunited brother goes first to the reunited 
brothers of the full blood and to such sisters of the full blood who 
are not married (aputraA, MSS. for aprattaA) — married sisters 
(pravr/'ttaA, MSS. for pradattli) 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/baspati'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. N&r. 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 (vSgdanrfadhig- 
da/w/abhydm) or by a fine as the case may require' (Medh.). 

214. Ap. II, 14, 15 ; Gaut. XXVIII, 40 ; Baudh. II, 3, 38. ' Who 



Digitized by 



Google 



378 LAWS OF MANU. IX, 215. 

215. If undivided brethren, (living with their 
father,) together make an exertion (for gain), the 
father shall on no account give to them unequal 
shares (on a division of the estate). 

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 like' (Nar.). Na . . . . kurvfta 
yautukam, ' shall not make (anything his) separate property,' means 
according to Nand. ' shall not give a marriage-portion to his 
daughter without having made a division of the estate.' The correct 
interpretation is, however, that given by the other commentators, 
according to which the eldest is not to appropriate anything out 
of the common stock for himself 'without giving an equivalent to 
the others' (kanish/Aebhyas t&vad adattva, Nar.). 

215. Ya^w. II, 120. Medh. remarks that this rule is a restric- 
tion of the general power of the father to make an unequal division 
(YS^n. II, 1 16), 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 sambhuyavini^yadina vittar^anarn, NaT.). 

216. Gaut. XXVIII, 29 ; Vi. XVII, 3 ; Ya^»i. II, 122. 

217. Vi. XVII, 7; Yign. II, 135. Kull., N£r., 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 



Digitized by 



Google 



IX, a 19. INHERITANCE. 379 

2 1 8. 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. NSr. gives the following order : 
1. mother, a. 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. 

a 18. Y&gn. II, 126. Medh., Kull., and NSr. point out that on the 
division of property discovered after partition, the eldest, according 
to this text, receives no preferential share. N&r. adds that this rule 
applies also to debts, discovered after partition. N£r. inserts this 
verse after verse 219. 

a 1 9. 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., Ntr., Righ.), Nand. 
reads pStram, ' a drinking-vessel.' StriyaA, ' female (slaves),' means 
according to NSr. ' wives.' My translation of yogakshemam, which 
I take with Medh., N&r., and Nand. as a copulative compou