The Laws of Manu (Sacred Books of the East, Vol. 25)

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THE

SACRED BOOKS OF THE EAST

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$0tt00tt HENRY FROWDE

Oxford University Press Warehouse Amen Corner, E.C.

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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]

THE LAWS OF MANU

TRANSLATED

WITH EXTRACTS FROM SEVEN COMMENTARIES

BY

g. bOhler

<®Vfovti

AT THE CLARENDON PRESS 1886

[ All rights reserved ]

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CONTENTS.

INTRODUCTION.

PAGE

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

Manavas xviii

II. The Manava Dh. S. converted into a metrical Sm/7*ti by

a special school of lawyers xlv

The Manava 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 Ixxiv

The position of Bhrzgu's Sawhita among the various

metrical recensions xcii

The probable date of Bhn'gu's Sawhitd . . 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

Vlll

CONTENTS.

Daily Rites

-Sraddhas

Mode of Subsistence

Rules for a Snataka

Veda-Study .

Rules for a Snataka

Lawful and Forbidden Food

Impurity .

Purification

Duties of Women .

Hermits in the Forest

Ascetics .

The King

Civil and Criminal Law Titles of . Judicial Procedure Recovery of Debts Witnesses

Weights of Gold, &c. Recovery of Debts Deposits .

Sale without Ownership Concerns among Partners Subtraction of Gifts Non-payment of Wages Non-performance of Agreement Rescission of Sale and Purchase Masters and Herdsmen . Disputes concerning Boundaries Defamation Assault and Hurt Theft

Violence (Sahasa) Adultery .

CONTENTS.

IX

PAGE

Miscellaneous Rules

321

Duties of Husband and Wife .

. 327

Inheritance and Partition

• 345

Gambling and Betting

. 380

Miscellaneous Rules

. 382

Times of Distress: —

Mixed Castes

. 401 ^

Occupations and Livelihood

. 419

Gifts

430

Sacrifices

. 432

Necessity of Penances ....

• 439

Classification of Crimes

. 441

Penances

• 445

Transmigration

. 483

Supreme Bliss

502

Doubtful Points of Law .

. 508

Conclusion. .......

. 511

Appendix : —

Quotations from Manu in the translated

Law-Books 515

Synopsis of Parallel Passages .

• 533

Index

• 583

Additions and Corrections

613

Transliteration of Oriental Alphabets adopted for the Translations of the Sacred Books of the East

617

INTRODUCTION.

I.

Difficult as the historical problems are which the Dharma-sutras translated in vols, ii and xiv of this Series offer, they are infinitely less complicated than those con- nected with the metrical law-books and especially with the Manu-smrzti, or, to speak more exactly, with Bhrzgu's version of the Institutes of the Sacred Law proclaimed by Manu. Though mostly the materials available for the inquiry into the history of the Dharma-sutras are scanty, and in part at least belong to the floating traditions which are generally current among the learned,' but of uncertain origin, they not only exhibit no extravagancies, but agree fully with the facts known from strictly historical sources. Moreover, and this is the most important point, though the text of the Dharma-sutras has not always been preserved with perfect purity, they have evidently retained their original character. They do not pretend to be any- thing more than the compositions of ordinary mortals, based on the teaching of the Vedas, on the decisions of those who are acquainted with the law, and on the customs of virtuous Aryas. In some cases their authors say as much in plain words. Thus Apastamba repeatedly laments the sinfulness and the weakness of ' the men of later times/ and Gautama warns against an imitation of the irregular conduct of the ancients whose great 'lustre' preserved them from falling. It is, further, still possible to recognise, even on a superficial examination, for what purpose the Dharma- sutras were originally composed. Nobody can doubt for a moment that they are manuals written by the teachers of the Vedic schools for the guidance of their pupils, that at first they were held to be authoritative in restricted circles, and that they were later only acknowledged as sources of

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 Smrztis, on the other hand, are surrounded by clearly fictitious traditions, by mythological legends which either may have grown up spontaneously, because the real origin had been forgotten, or may have been fabricated intentionally in order to show that these works possess divine authority and, hence, have a claim to implicit obedience on the part of all Aryas. Nay, what is more, such legends or portions of them have been introduced into the text, and obscure the real character of the Smrz'tis. These peculiarities are particularly marked in the Manava Dharma^astra, 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. L_Its opening verses narrate how the great sages approached Manu, the descendant of self-existent Brahman, and asked him to ex- plain the sacred law. Manu agrees to their request, and gives to them an account of the creation as well as of his own origin from Brahman. After mentioning that he learnt

• these Institutes of the Sacred Law' from the creator who himself produced them, and that he taught them to the ten sages whom he created in the beginning, he transfers the work of expounding them to Bhrigu, one of his ten mind- born 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 Brahma;zas and of the Institutes of Manu, and winds up with an enumeration of the contents of all the twelve chapters of the work, which he promises to expound ' exactly as it was revealed to him.' In the following chapters we find frequent allusions to the situation which the first describes. In about forty passages a new

INTRODUCTION. 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, 1-2) the sages are represented as interrupting Bhrzgu's discourse and expressing their desire to be instructed on particular points, and on both occasions Bhrzgu is again named as the narrator. More- over in a number of verses1 Manu is particularly mentioned as the author of certain rules, and II, 7 the authoritative- ness of Manu's teaching is emphatically asserted, ' because he was omniscient.' In two other passages Manu appears, however, in different characters. VII, 42 he is enume- rated among the kings who gained sovereignty by their humility, and XII, 123 he is identified with the supreme Brahman.

This account of the origin of our Manu-smrz'ti would have to be slightly modified by those who accept as genuine the verse2 which stands at the beginning of the Smrzti accord- ing to the commentators Govindara^a, Naraya^a, and Ragha- vananda, as well as according to the Ka^mir copy and other MSS. As this verse contains an invocation of the self- existent Brahman, and a promise to explain the laws which Manu taught, it indicates, as Govindara^-a says3, that 'some pupil of Bhrzgu recites the work which had descended to him through an unbroken line of teachers.' According to this version we have, therefore, a triple exordium instead of a double one, and our Manu-smrz'ti does not contain the original words of Bhrzgu, 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. v. Manu. 2 See note on Manu I, 1.

3 1^ J3fTO ^^faf^^tTOqraspp^jnRtf'T^ni u

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 succession1/ 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 5astra, 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 Kulluka adduce in their remarks on the same verse various passages from the Sruti and the Smrzti, tending to prove the authoritative- ness of the Manu-smrzti. Both quote slightly varying ver- sions of the famous Vedic passage which declares that ' All Manu said is medicine.' Medhatithi adds only one more anonymous verse, to the effect that ' the Vedas were pro- claimed by the great sages, but the Smarta or traditional lore by Manu3.' Kulluka gives two other passages, one from the Brzhaspati-smrzti which places Manu's 5astra at the head of all works of the same class, and another from the Mahabharata which declares that ' the Pura^as, Manu's laws, the Vedas, and the medical works must not be op- posed by (adverse) reasoning.' Both commentators men- tion also that the pre-eminence of Manu's teaching is admitted in other passages of the Vedas, the Pura/zas, the

*rgra^fa^ 11

INTRODUCTION. XV

Itihasas, and the Smrztis. Finally, in the notes on Manu I, 58, they discuss the question, how the Smrzti can be called the Manava Dharmai-astra, 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 6astra 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 Haimavatf, because it is first seen in the Himavat or Himalaya, and to that of the Kanaka 6akha, which, though studied and taught by many others, is named after Ka/^a. In conclusion, he adds, ' Narada also records, " This work, consisting of one hundred thousand verses, was composed by Pra^apati (Brahman) ; it was successively abridged by Manu and others1."' 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 Dharmai-astra, and their remarks contain also the substance of all that has been brought forward in other discussions on the same subject, with which we meet elsewhere 2. Important as they may appear to a Hindu who views the question of the origin of the Manu-smrzti 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

^r tf fsr?r ^fw n

2 See e. g. the passages translated ia Professor Max Muller's Ancient Sanskrit Literature, pp. 87-94.

XVI LAWS OF MANU.

for mythological research. The arguments in support of the authenticity and authoritativeness of the Manu-sm^/ti are extremely weak. For the Vedic passage which the commentators adduce is, strictly speaking, a misquotation. It occurs in four slightly differing versions in three Sa^hitas and in one Brahmawa 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 them2. But Medhatithi's and Kulluka's assumption that our Manu-snWti is meant in the passages quoted would require very strong special proof, as its language and part of its doctrines by no means agree with those of the Vedic times. Of course, no such proof is offered, and it is not probable that it ever will be offered. The quotations made by the commentators from the Mahabharata and from the Brzhaspati-smrzti, as well as their well-founded assertion that in the Pura^as and in many Smrztis 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 Dharmaj-astra attributed to Manu, and the same remark holds good with respect to those passages of the Pura^as and of the Smrztis where, in enumerations of the authors of Dharmajastras, 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-smrzti in a

1 Kanaka XI, 5 (apparently quoted by Medhatithi) ; Maitrayawiya Sawhita I, 1, 5 ; Taittiriya Sawhita II, 2, 10, 2 ; and Tawaya Brahmawa XXIII, 16, 7 (quoted by Kulluka).

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

INTRODUCTION. XVU

Pura^a or a Smrzti does not prove much for Bhrzgu's Sawhita, 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 n that the Brzhaspati-smrzti, which Kulluka adduces as a ' i witness, is by no means an ancient work, but considerably later than the beginning of our era, because it gives a defini- tion of golden dinaras, an Indian coin struck in imitation of and called after the Roman denarii l. 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 Dharma^astra and in the Narada-smrzti. 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 Bhrzgu summarised it2. The text of Narada, which is accompanied by Kalya/zabhazYa's edition of Asa- haya's commentary, names one more sage, Markazzafeya, 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-smrzti, which asserts that it is the original work composed by Brahman, and revealed by Manu to Bhr/gu, who explains it to the great sages ' exactly as he received it.' Hence Narada's story discredits the details of the account given in the Manava Dharmai-astra. It might, at the best, be only quoted to prove the existence of the general belief that Manu was the first lawgiver of India. These remarks will

1 West and Biihler, Digest, p. 48, third edition.

2 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 Smriti itself (West and Biihler, Digest, p. 49), is not tenable.

05] b

XV111 LAWS OF MANU.

suffice to show that the explanatory notes offered by the Indian commentators on the origin and history of the Manu-smrz'ti are not suited to furnish a basis for a critical discussion of these questions, and that hence they have been deservedly set aside by most modern Sanskritists who have written on the subject. As regards the theories of the latter, it would be useless to enumerate those preceding Professor Max Miiller's now generally accepted view, according to which our Manu-smrz'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 M tiller based his explanation of the origin of the Manu-smrzti may be briefly stated as follows l. 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 Arigas 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^wavalkya, and other sages. Though only one Dharma-sutra, that of the Apastambiyas, actually remains connected with the aphor- isms on the ritual and other sacred subjects, the existence of the Dharma^-astras of Gautama, Vasish//£a, and Vishnu, which are likewise composed in Sutras, proves that formerly

1 See his letter to Mr. Morley, reprinted in Sacred Books of the East, vol. ii, pp. ix-xi, and Hist. Anc. Sansk. Lit. pp. 132-134. Compare also the ana- logous views formed independently by Professors Weber and Stenzler, Indische Studien, vol. i, pp. 69, 143, 243-4.

INTRODUCTION. XIX

they were more numerous. The perfectly credible tradi- tion of the Mimawsa school, which declares that originally each Vedic school or Ka.ra.na. possessed a peculiar work on Dharma, confirms this assumption. While the Dharma- sutras possess a considerable antiquity, dating between 600- 200 B. C, the metrical Smritls cannot be equally ancient, because there is much in their form that is modern, and espe- cially because the epic AnushAibh Sloka, in which they are written, was not used for continuous composition during the Sutra period. As the metrical Smrztis are later than the Dharma-sutras, it is, under the circumstances stated, very probable that each of them is based on a particular Dharma- sutra. The Manava Dharma^astra in particular may be considered as a recast and versification of the Dharma-sutra of the Manava Sutra^ara^a, a subdivision of the Maitrayamya 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/^a, and Vish/m originally were manuals of Vedic schools, not codes promulgated for the guidance of all Aryas, as the Hindu tradition, then known, asserted. The assumption that it was so, rested solely on the resemblance of their form and contents to those of the Apastambiya Dharma-sutra. No trace of a Manava Dharma-sutra could be shown, nor could any connexion between the Manava Dharmai'astra and the school of the Manavas, except through their titles, be established. The assertion that the Brahmans had turned older Sutras, and especially Dharma-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

b2

XX LAWS OF MANU.

of historical development for the fantastic fables of the Hindu tradition and for the hopeless uncertainty which characterised the earlier speculations of European scholars concerning the origin of the so-called Indian codes of law. Secondly, it fully agreed with many facts which the begin- ning exploration of Vedic literature had brought to light, and which, taken as a whole, forced on all serious students the conviction that the systematic cultivation of all the Indian 5astras had begun in the Vedic schools. Subsequent events have shown that Professor Max Miiller was right to rely on these two leading ideas, and that his fellow Sanskrit- ists did well to follow him, instead of taking umbrage at the minor flaws. Slowly but steadily a great number of the missing links in the chain of evidence has been brought to light by subsequent investigations. We now know that the Sutra works of other schools than the Apastambiyas in- cluded or still include treatises on the sacred law. The Dharma-sutra of the Baudhayaniyas, the oldest Sutra - £ara/za of the Taittiriya Veda, has been recovered. Though the connexion between the several parts of the great body of Sutras has been severed, it is yet possible to recognise that it once was closely joined to the G^zhya-sutra1. The recovery of the entire collection of Hira/zyakcsi-sutras has proved that these too include a Dharma-sutra, which in this instance has been borrowed from the earlier Apastam- biyas2. The mystery which surrounded the position of the Dharmai-astras of Gautama, Vish/zu, and Vasishz7za has been cleared up. To the assertion that they were composed by ancient ./^zshis 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 Dharma^astra and of the Vishnu-smriti, or, more correctly,

1 Sacred Books of the East, vol. xiv, p. xxxi.

2 Sacred Books of the East, vol. ii, p. xxiii.

3 Sacred Books of the East, vol. ii, pp. xlv-xlviii ; vol. vii, pp. x-xvi ; vol. xiv, pp. xl-xlv.

INTRODUCTION. XXI

of the Kanaka Sutras. These latter discoveries are of par- ticularly great importance, because they fully establish the truth of the assumption, underlying Professor Max Miiller's theory, that in post-Vedic times the Br&hmans 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 Grzliya-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/zu-smrzti, which deserves the most careful attention. The beginning and the end of the work distinctly characterise it as a revelation of the god Vishnu. Vishnu, Vaish/zava 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 Pandits of Pu/za 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 Kanaka Grzhya-sutra, make it perfectly certain that the work is only a Vaish/zava recast of the Kanaka Dharma- sutra1. We thus obtain in this case the confirmation of almost every fact which the conversion of the Dharma-sutra of the Manavas into the revealed code of the Pra^apati Manu presupposes, with the sole exception of the substitution of epic 51okas for aphoristic prose. With respect to the last point, the further exploration of the Smrz'ti literature has furnished numerous analogies. As an instance to the point we can now cite the fragments of the so-called Brzhat Sahkha Dharmajastra, which, as the quotations show, must

1 A quotation in Govindara^a's Smrz'tima^ari, fol. 1 2b, 1. 8 (India Office Collec- tion, No. 1736), contains a very small portion of this work. When explaining the penance for the murder of a Brahmawa, mentioned Manu XI, 74, Govinda -

ra^a says, ^R^JJR SFS^^UT ^n^?T«f [ff] I t^^TPft H^iFTFft ^^WT^ ^ffT II r**T [H^ajTn:] ^TTf^TT V^W^T^ H The quotation shows that the Dharma-sutra of the KaMas mentioned the fanciful expiations ending in death, which are given in all the ancient law-books, but omitted in theVishmi-smrcti.

XX11 LAWS OF MANU.

formerly have consisted of prose and verse, while the avail- able MSS. show Sutras and Anush/ubhs in one chapter only, and 51okas alone in the remainder1. There are, further, such works like the two A^valayana Smrztis and the •Saunaka-sm/'z'ti, evidently versifications of the corre- sponding G^zhya-sutras, with or without the additions of extraneous matter2. In short, among all the general propositions concerning the origin of the metrical Smr/tis, which Professor Max Miiller advanced, only one, the asser- tion that during the Sutra period of 600-200 B.C. works written in continuous epic verse were unknown, has proved untenable in its full extent. It seems no longer advisable to limit the production of Sutras to so short and so late a period as 600-200 B.C., and the existence of metrical school-manuals at a much earlier date has been clearly demonstrated3. 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 Sa^graha, 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 manuals4. With respect to the conjectures specially affecting the Manava Dharma^astra, the former existence of a Manava Dharma- sutra, consisting of prose mixed with verses in several metres, has been established by the discovery of some quotations in the Vasish^a Dharma-sutra, and their con- tents show that the work known to the author of the latter 6astra was closely related to our Manu-smrzti. As regards the connexion of this Dharma-sutra, and consequently of our Manu-smrzti with the Sutra£ara/za of the Manavas, the results of the late researches have not been equally satis- factory. The recovery of the writings of the Manavas has not only not furnished any facts in support of the supposed connexion, but, on the contrary, has raised difficulties, as it

1 West and Biihler, Digest of H. L. p. 40, third edition.

2 West and Biihler, loc. cit. p. 51.

3 Goldstucker, Manavakalpa-sutra, p. 78.

• West and Biihler, loc. cit. pp. 42.44.

INTRODUCTION. xxiii

appears that the doctrines of the Manava Grmya-sutra differ very considerably from those of our Manava Dharma^astra. All that has been brought forward in substantiation of this portion of Professor Max Muller's hypothesis is that as close an affinity exists between the Vishz/usmrz'ti, the modern recension of the Kanaka Dharma-sutra, and our Manu- smriti, as is found between the Kanaka and Manava Grzhya-sutras and between the Kanaka and Manava Sa^hitas, and that hence the Vedic original of the Manu- smrz'ti may be supposed to have belonged to the Manava school1. The conclusive force of this argument is no doubt somewhat weakened, as Dr. von Bradke has pointed out, by the fact that the Vish/zu-smrzti is not the original Kanaka Dharma-sutra. But to reject it altogether on account of this circumstance would be going too far. For the agree- ment between the Smrztis of Manu and Vishnu extends to many subjects where the latter shows no traces of recasting, and may be reasonably supposed to faithfully represent the original Dharma-sutra. Nevertheless a full reconsideration of this point is indispensable. Before we proceed to that, it will, however, be advisable first to supplement Professor Max Muller's arguments against the antiquity of our Manu- smrz'ti by the discussion of some of its passages which clearly admit an acquaintance with a large body of older legal literature and particularly with Dharma-sutras, and, secondly, to re-examine and complete the proof for the former existence of a Manava Dharma-sutra and for its having been the precursor of the metrical law-book.

Among the passages of the Manu-smrzti which disprove the claim, set up by its author, to be the first legislator, and which show that he had many predecessors, the first place must be allotted to its statements regarding con- troversies and conflicting decisions on certain points of the ritual and of the law. Such cases are by no means rare. Thus the observances of ' some,' with respect to the order of the several ceremonies at a 6raddha2 and to the disposal

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

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

XXIV LAWS OF MANU.

of the funeral cakes, are mentioned Manu III, 261. Dis- cussions of the ancient sages, exactly resembling those met with in the Dharma-sutras1, 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-sutra2, 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, $-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-smrzti gives in the first verse the opinion of Gautama's 1 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 verses of the Manu-sirmti occurs.

a Gaut. XVIII, 8.

INTRODUCTION. XXV

which might be considerably enlarged, do not necessarily force on us the conviction that they refer to actual law- books which preceded our Manu-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-smrzti knew Dharmai-astras. Three passages allude to their existence in general terms. The first occurs in the definition of the terms Sruti and Smrzti, Manu II, 10, ' But by Sruti (revelation) is meant the Veda, and by Smrz'ti (tradition) the Institutes of the sacred law.' In the text the last word, dharma^astram, stands in the singular. But it must doubtlessly be taken, as Kulluka1 and Naraya/za2 indicate, in a collective sense. Another mention of law-books is found Manu XII, III. where a dharmapa/^aka^, 'one who recites (the Institutes of) the sacred law,' is named among the members of a parishad or assembly entitled to decide difficult points of law. The commentators are unanimous in explaining dharma, literally ' the sacred law,' by ' the Institutes of the sacred law' or 'the Smrztis of Manu and others,' and it is indeed impossible to take the word in any other sense than that of 'law-books3.' 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 (dharma.rastrazzi),' &c.4 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

1 H^Tf^T^ *Tfrr. II

1 V%T^ TJTVT^T I W^^rW cT^T^ II

• Medh. VHtn^Ft^^rf^ffr^fT^TOTWTTTU Gov.HT^RTf^TWTU

Kull. *Fnnf^%T^^ II Nand. V^IT^TOsp: II The full significance of this passage will be shown below, p. lii.

• See also Professor Stenzler in the Indische Studien, vol. i, p. 245 ; Dr. Johanntgen, Das Gesetzbuch des Manu, p. 76.

XXVI LAWS OF MANU.

from some other passages which reveal an acquaintance with the Angas of the Veda1. 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/za who knows the six Ahgas sanctifies the company at a 5raddha 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-smrzti in all probability also knew, we are not immediately concerned. But the first, the Kalpa, possesses a very great interest for our purposes. This term, as is well known, denotes collectively those Sutras of the Vedic schools which teach the performance of the 6rauta sacrifices, the rites especially described in the 5ruti. Hence both 5rauta-sutras and, of course, also Sutra- £ara;zas must have preceded the Manu-smrzti. If it is now borne in mind that according to the Hindu tradition, mentioned above, all Sutra^ara/zas 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 Utathya2 he who weds a Sudra woman becomes an out- cast, according to Saunaka on the birth of a son, and according to Bhrz'gu 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.

2 The form Utathya is a corruption of the Vedic Utathya, 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-smrz'ti.

INTRODUCTION. XXvii

and is confirmed by an analogous passage of the aphoristic Dharmaj-astra of U^anas \ the author adduces there the opinions of four older authorities, all of which are credited by the Hindu tradition with the revelation of law-books. We still possess several Smrztis attributed to Atri, vSaunaka, and to Gautama, as well as one said to belong to Bhrzgu. With the exception of the aphoristic Gautamiya Dharma- jastra all these works are modern, some being metrical recensions of older Sutras, and some of very doubtful origin. It is, therefore, impossible that any of the existing Dharma^astras, Atri, 6aunaka, and Bhrzgu, 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 6raddha dinner, and who are thus excluded from the community of the virtuous, the judrapati, literally { the husband of a 5udra female2.' The real signification of the compound seems, however, to be, as Haradatta suggests, ' he whose only wife or dharmapatni is a vSudra.' As it appears from Manu III, 17-19, that the opinion attributed to the son Utathya was the same, it is not at all unlikely that the Manu-smrzti actually quotes the still existing Sutra of Gautama. Another reference to a lost Sutra occurs at Manu VI, 21, where it is said of the hermit in the forest, ' Or he may constantly subsist on flowers, roots, and fruit

alone , following the rule of the (Institutes) of

Vikhanas.' The original Sanskrit of the participial clause is ' vaikhanasamate sthita^,' and means literally ' abiding by the Vaikhanasa opinion.' The commentators, with the exception of Naraya/za, are unanimous in declaring that

1 Uj. Dharmajastra, chap. Ill, tfftTjft ^McVWPirU I «T ^iTrflr*!^ I "^Rl^r^T

^r: i ^r^rf Hinftfii ^nffrt: i *ph irMiiiftfci 3ft «ra: 1 n^*m:

■*TrRT THf TnWt II Though U-ranas' 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 .5udra did occur. See also Jolly, Tagore Lectures, p. 53.

2 Gautama XV, 18 ; Sacred Books of the East, vol. ii, p. 255.

XXV111 LAWS OF MANU.

the word Vaikhanasa here denotes a 5astra or Sutra promulgated by Vikhanas, in which the duties of hermits were described at length1. 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 ^astra, and to refer it to a particular work which taught the duties of hermits. The existence of such a book is attested not only by Manu's commentators,, but also by other ancient and modern authors. Baudhayana mentions it explicitly2, and seems to give a short summary of its contents in the third chapter of the third Pra^na of his Dharmajastra. 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 order3.' If the statements made to me by Indian "Pandits 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 Haradatta4, occurs in the

1 Medh. I^rr^w im sn^ nr qumwm v^t f¥^mfti r faun u Gov. I^tt^t^ ^TTO^rsn^^ fmw n Kuii. I^rtA *trtoi: i

«I$Hfil MI<«9I W[$ft fWW: I Nand. |TJT[^T]^^flW fa*[*]*flBI

2 Baudh. Dharma. II, II, 14; Sacred Books of the East, vol. xiv, p. 259.

4 The double vr/ddhi in vaikhanasa is according to the analogy of the words enumerated in the akrz'ti-garca anujatikadi, Paw. VII, 3, 20.

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/za, a subdivision of the Taitti- riyas, which seems to have been one of the youngest schools adhering to the Black Ya^ur-veda1. But it is evident that the ancient Vaikhanasa Sutra, which treated of an important portion of the sacred law, preceded our Manu-smrzti.

Another reference to the opinion of a person who is the reputed author of a still existing Dharma-sutra is found at Manu VIII, 140, where the rate of legal interest on secured loans is thus described : ' A money-lender may stipulate, as an increase on his capital, for the interest allowed by Vasish^a, and take monthly the eightieth part of a hun- dred.' If we turn to the Vasish/^a_Dliarma^stra, we read, III, 51 2, ' Hear the interest for a money-lender, declared by Vasish/^a, five mashas (may be taken every month) for twenty (karshapa^as).' Though the wording of the Manu- smriti differs from that adopted in the Vasish/^a Dharma- jastra, the meaning of both passages is the same. The eightieth part of one hundred is one and a quarter per cent, and the same rate is obtained if five mashas are charged for twenty karshapa^as, i. e. for four hundred mashas 3. Both law-books, therefore, evidently refer to the same rule of Vasish^a. But the correctness of the further inference that the author of the Manu-smr/ti used the Vasish/^a 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 ProfessorMaxMuller, Anc.Sansk. Lit. p. 199; Professor Weber, Indische Studien, vol. i, p. 83. A portion of the Vaikhanasa 6rauta-sutra is preserved in the modern transcripts, belonging to the Bombay University and the Munich Royal Libraries, which Professor Haug had made from a Baro^/a MS.

2 Sacred Books of the East, vol. xiv, p. 16 ; according to Dr. Fuhrer's edition, Vas. Ill, 50.

3 Gagannatha, in Col. Dig. I, 25, gives a somewhat different calculation. But the general sense remains the same. I follow K>zsh«apa»^ita and Hara- datta on Gautama XII, 29.

XXX LAWS OF MANU.

two passages furnishes no stringent proof for the posteriority of the Manu-sm^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 Brahmamcal 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 Govindasvamin1, we learn that the Vasish/^a Dharmajastra originally be- longed to a school of Rig-vedins who ascribed the settle- ment of their laws to the famous Vedic Rishi Vasish^a. 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 elsewhere2, is older than the Vasish/^a-smrzti. But neither there nor in any other work where it occurs3 is its enuncia- tion attributed to Vasish^a. Hence it is most probable that this addition was made by those who attributed their laws to Vasish/^a, and who, therefore, had an interest in vindicating the invention of an important legal maxim for their spiritual head. If their law-book gives the rule in the form of a quotation, they probably do not mean to indicate that an older verse ascribing it to Vasish^a existed, but that the rule itself was an ancient one, and had been taken from a law-book or from the tradition of the Brahma/zical schools. With this explanation the mention of Vasish/^a's name, made in Manu VIII, 140, still remains an indication that its author knew and referred to the existing Vasish^a Dharma^astra.

These passages are far too numerous to be set aside as possibly later interpolations, and there is, indeed, no circum- stance connected with any of them which could lead to such a supposition. We must, therefore, admit that they clearly disprove the claim of the Manu-sm^'ti to the first

1 See above, p. xx.

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

8 See e. g. Ya^. II, 37, and the texts of Brzhaspati and Vyasa quoted in Col. Dig. I, 26-27.

INTRODUCTION. xxxi

place among Indian law-books which the first chapter sets up, and that they furnish a strong support to the view according to which the Manu-smrzti 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 VasishzV&a-smrzti, which prove the former existence of a Manava Dharma-sutra, and which, as the preceding dis- cussion has established the priority of the Vasish^a-smrzti to our Manu, possess a particularly great importance. The chief passage occurs Vasish^a IV, 5-8 1, where we read :

5. The Manava (Sutra states), ' Only when worshipping the manes and the gods, or when honouring guests, he may certainly do injury to animals.'

6. 'On offering the honey- mixture (to a guest), at a sacrifice and at the rites in honour of the manes, but on these occasions only, may an animal be slain ; that (rule) Manu proclaimed.'

7. 'Meat can never be obtained without injury to liv- ing beings, and injury to living beings does not procure heavenly bliss : hence (the sages declare) the slaughter (of beasts) at a sacrifice not (to be) slaughter (in the ordinary sense of the word).'

8. 'Now he may also cook a full-grown ox or a full- grown he-goat for a Brahma/za or a Kshatriya guest; in this manner they offer hospitality to such (a man).'

As has been stated in the introduction to Vasish^a2, 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 flij^irrifa^nqiHUW ^ f^Tf^fff HR^( II M II H^xreS ^

iijr ^r ftr^^ra^fa 1 ^-^h ^ ^ f^wtfi^tf sNfarg: 11 ^ 11 •n^r^T Tm%«rf f^ri rUrj rMsiri ufa^ 1 ^t ^ Jnfnw ^*h<raT- sttt ^nft^v: 11 $ 11 ^rTTftr ^reranr ^t Tip*rni ^Twuiini H^lujmi ^t j^tst ^t tf^criTOT mfim f t^fiftfrr n t n

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

XXXI 1 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 Krishna- pandita. Dharmadhikarin in his commentary on Vasish/^a, according to which the word Manavam, explained above by 'the Manava (Sutra),' is to mean 'the (opinion) of Manu' (manumatam), cannot be upheld, for several reasons. First, the wording of the text of Sutra 5 looks like a real quotation, not like a summary of Manu's views by Vasish- tka.. This becomes quite clear, if we compare Vasish^a I, 17, where undoubtedly a rule of Manu, corresponding to Manava Dh. VII, 203, and VIII, 41, is given in Vasish/^a's words, ' Manu has declared (that) the (peculiar) laws of countries, castes, and families (may be followed) in the absence of (rules of) the revealed texts1.' 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-smrzti, as well as the fact that the latter, as we have seen, refers to the Vasish/^a Dharmaj-astra, do not permit us to assume, with KWsh/zapa^dita, that Vasish^a knew and referred to our Manu.

If it is thus necessary to admit that Vasish//za's quotation is taken from a Manava Dharma-sutra, the agreement of the doctrine taught in the quotation and of a portion of the text with those of our Manu-smrzti show further that this Dharma-sutra must have been the forerunner of our metrical law-book. An examination of the other quotations from Manu, which occur in the Vasish/^a-smr/ti, will show that this agreement was, though pretty close, not complete. The identity of the view, ascribed to Manu by Vasish//za I, 17, with the contents of Manu VII, 203, and VIII, 41, has already been mentioned. Vasish^/za III, 2, a Manava 51oka is quoted which agrees literally with Manu II, 168. The same remark applies to the quotation at VasishzV&a XX, 18, which is found Manu XI, 152. Another passage,

1 ^v^^nfin^^<4viH(>'4i?wr^y^»H^: 11

INTRODUCTION. XXXlli

Vas. XIII, 1 6, shows considerable verbal differences. According to Vasish^a, Manu's verse is : 'Be it fruit, or water, or sesamum, or food, or whatever be (the gift) at a 6raddha, let him not, having just accepted it, recite the Veda; for it is declared in the Smrtti that the hands of Brahmawas are their mouths,' while we read Manu IV, 117, 'Be it an animal or a thing inanimate, whatever be the (gift) at a Sraddria, let him not, having just accepted it, recite the Veda ; for it is declared in the Smrtti that the hand of a Brahma^a is his mouth1.' The last quota- tion which occurs Vas. XIX, 37, and refers to the j-ulka, (exemptions from) taxes and duties2, is in the TrishAibh metre, and, hence, cannot have a place in our Manu-smrzti. But it is remarkable that the latter does not even show a corresponding Anush/ubh verse, and that the contents of the quotation do not quite agree with the teaching of our Manu. The latter mentions the exemption of a sum less than a karshapa;/a incidentally X, 1 20. It agrees also with Manu's doctrines that 5rotriyas, 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, 120, just like most other ancient authors, that artisans are to do monthly one piece of work for the king. Though this corvee amounts to a pretty severe tax, it is, of course, possible to contend that Manu's rule does not exactly contradict that quoted by Vasish//za. Besides these passages, there are some other verses3 which contain the well-known phrase, ' manur abravit, thus Manu spoke/

1 vas. m^f ^r* ^fanjsp^Tfcr 1 Tfic*T^nrf%<3T»T sir^ ^ 1 ^ *§t-

f&X *^ I irfd^lUH^ITO: tnTRTTCJT KT$mV. ^JWT ^fW II Manu,

Tprreft f*r fgw. ^jw: 11

2 'No duty (is paid) on a sum less than a karshapawa, there is no tax on a livelihood gained by arts, nor on an infant, nor on a messenger, nor on what has been received as alms, nor on the remnants of property left after a robbery, nor on a irotriya, nor on an ascetic, nor on a sacrifice.'

3 Vas. XI, 23 ; XII, 16 ; XXIII, 43 ; XXVI, 8.

[25] C

XXXIV LAWS OF MANU.

and mention Manu as the authority for the rule taught. With respect to these references it seems to me not probable that they have been taken from the Manava Dharma-sutra. We shall see below x 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 men2. The first three among them either contradict or find no counterpart in our Manu-smrzti. 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//£a, closely resembled, but was not identical with our Manu, need not be modified.

If we look for other traces of the Sutra, quoted by Vasish- tka,, it is possible that Gautama, who mentions an opinion of Manu, XXI, 7, refers to it. His Dharma-sutra is even older than Vasish ^a's, and long anterior to our Manu-smrzti. But the possibility that Gautama refers not to a rule of the Manava Dharma-sutra, but to a maxim generally attributed to the mythical Manu, is not altogether excluded. Gautama says, ' Manu (declares that) the first three (crimes, the intentional murder of a Brahma^a, drinking Sura, and the violation of a Guru's bed) cannot be expiated3.' 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 Brahma^a, and, if my explanation of XI, 147 is accepted, also with respect to the intentional drinking of Sura. As regards the third offence, there is no

1 See p. lviii.

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

3 "^fill irsjTTOf»T^*nftT T«J» II The same opinion is expressed in the MahabhSrata XII, 165, 34, but not attributed to Manu.

INTRODUCTION. XXXV

direct statement. But the expiations, prescribed XI, 104- 105, amount to a sentence of death. Hence our Manu- smrtti, too, practically declares the crime to be inexpiable during the offender's lifetime. Its original, the Dharma- sutra, may, therefore, be supposed to have had the rule which Gautama attributes to Manu. Nevertheless, owing to the circumstances mentioned above, Gautama's passage cannot be adduced as a perfectly certain proof of the early existence of the Manava Dharma-sutra.

Among the remaining Dharma-sutras1 there is only the fragment attributed to lianas which seems to quote a Sutra of Manu. At the beginning of the first chapter2 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- smrz'ti, V, 78, 89, 94, 98.

There is, further, one among the Vedic books on the ritual, the >Sankhayana Grz'hya-sutra, which possibly refers to the Manava Dharma-sutra. 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 51okas of

1 Regarding the passage of Apastamba II, 16, I, which ascribes the revelation of the 6raddhas to Manu, see below, p. lix.

2 I transcribe the whole beginning of the work, W^T l«H«l<.<urTt *<$Yc3

rJTT^ II W ^STTffR^I ^TOf^ ^TJ&tTH (?) ^«fl$N»fanre$r P^ff ^ TOt II S^fnre Tff^f>TWfaf^FT^TbT S? *N^ » Thus

two MSS. ; the third reads, 3 4**^ fj 'pT'gTT*? I and further on, S?NM- inffT rTrfW^r0 \ It is impossible to restore the whole passage. The end of the quotation may have been H3K ^n^f*! 8 fafff II

C 2

XXXVI LAWS OF MANU.

our Manu-smr/ti, partly in better versions 1. As the Grz'hya- sutra 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 6ankhayana's text should be cleared up more fully than has been done hitherto. More important than the passages from the last work is the evidence which the Kamandakiya Nitisara furnishes, where twice opinions of the Manava^ and once an opinion of Manu are quoted, but rejected in favour of the views of the author's teacher, ATanakya Kaurilya. In one case the doctrine, attributed to the Manava//, agrees with the teaching of our Manu-smrzti. We read in the discussion on the number of the prakf z'tis, the constituent elements of the ma^ala or political circle to which a king must pay attention, Kam. Nit. VII, 24-25, 4 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 elements2/ Our Manu-smrzti states, VII, 155-156, that twelve kings belong to the mandaila, 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. Grt. S. in the Indische Studien, vol. xv, p. 1 1 .

iSTirrc ^W IT«{ifrl*Klie6^ II ^M II I read according to the commentary ^TffffT^fWr instead of the senseless JT&ffTOTfWT 0f the text.

INTRODUCTION. XXXV11

science of government, ' because the science of dialectics or reasoning is a subdivision of the threefold (Vedic lore1),' while Manu VII, 43 enumerates five branches of learning, or at least four, if either Medhatithi's or Naraya^a's explanation of the term atmavidya, rendered in the transla- tion by ' the knowledge of the (supreme) Soul,' is accepted2. Again, we hear, Kamandaki XI, 6j, that Manu fixed the number of ministers (amatya), which the king must appoint, at twelve. But according to Manu VII, 54, no more than seven or eight are required. These quotations show that Kamandaki knew a work, attributed to Manu, which con- tained rules on the duties of kings, and in some respects agreed with the seventh chapter of our Manu-smn'tL If I conclude that this must have been the old Manava Dharma-sutra, it is because Kamandaki twice alludes to it by the title Manava/*, 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 Dharmaj-astra, or of any other work which is destined for all Aryans and acknowledged as authorita- tive by all, are cited in the same or in a similar way. Nor is it usual to contrast, as Kamandaki does, the rules taught by Manu with those of other teachers and afterwards to reject them3. 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 Smriti with

iw^Tf^ift inn 11311

2 With respect to Medhatithi's and Narayarca's explanations, see the note to the translation. I will add that Kam. Nit. II, 7, ^^TfWWrRfa$CT«T^ ' 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.

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 Bhrzgu's version of Manu's laws. In other words, Kamandaki's Manu must have been the property of a particular school, and that was just the case with the Manava Dharma-sutra. The fact that all the known Dharma-sutras contain a more or less detailed description of the duties of kings agrees well with this supposition, and so does the circumstance that Kamandaki's Nitisara is either really an ancient work, composed long before the beginning of our era, or at least a later recension of such an old book1. These are all the certain indications of the former existence of a Manava Dharma-sutra which I have been able to find. It is possible that the same work is also alluded to in some verses of the twelfth and thirteenth Parvans of the Mahabharata. But this question is, as we shall see below, surrounded with great difficulties, and its solution somewhat doubtful. Among the passages, dis- cussed above, none are so important as Vasish/^a's quota- tions. The remainder contribute, however, to give a more definite idea of the range of subjects included in the lost work, and they confirm the conclusion, drawn from the former, that the Manava Dharma-sutra closely resembled our Manu-smrzti.

The investigations concerning the last point, the question if any traces of a connexion of our Manu-smrzti with the writings of the Manava school are discoverable, have hitherto led, as stated above, to a negative result. They were, of course, directed to a comparison of the Manava Gr/hya-sutra with the Dharma^astra, as both works of

1 The work claims to be the composition of a pupil of Aandragupta's famous minister, Aa#akya Kau/ilya 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 Nitisara is quoted by the oldest commentator of Manu, Medhatithi.

INTRODUCTION. XXXIX

necessity frequently treat of the same subjects. On com- paring the corresponding portions of the two works, Pro- fessor Jolly1 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-smrzti any of the curious technical terms and phrases used in the Grzhya-sutra, while the somewhat closer resemblance in the Mantras of the Vai^va- deva ceremony and in a few other points turned out to be without conclusiveness on account of the concurrent agreement of other Gr/hya-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 Jolly3, in which the Grzhya- sutra shows a special affinity with the Smr/ti, the very great differences which occur in other sections 4, the absence of an agreement in particularly characteristic rules5, and the

1 On the Vishnu Dharma-sutra and the Kanaka ; Transactions of the Royal Bavarian Academy, 1879, ii, p. 82 seq.

2 Journal of the German Oriental Society, vol. xxxii, p. 438.

3 Among the rules which specially agree, I may mention one from the section

on the Initiation, Man. Gri. Su. I, 22 (end), ^1 *tc| ^Tff [^^] I TTiTT^-

smi i maTn: *jf ^ Tmuft ^rr #faf£rn: ^g: « ' Next he shaii

go out to beg, first, to his mother and to other females who are friendly, or to as many as may be near.' These Sutras correspond to Manu II, 50, ' Let him first beg food of his mother, or of his sister, or of his own maternal aunt, or of (some other) female who will not disgrace him (by a refusal).' I am not aware that this rule occurs in any other Smr/ti.

4 Among the very great discrepancies I would point to such as those occurring in the section on the marriage-rites. The Manu-smrz'ti III, 20-34, describes the well-known eight modes by which a woman may be obtained from her family. But the Manava Gre'hya-sutra I, 7-8, knows two only, the Brahma and the 6aulka rites, the latter of which corresponds to the Asura or Manusha rite of the other Smr/tis, and sanctions the purchase of the bride from her parents.

5 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 Snm'tis, agree in both works. But none of those special prescriptions which the Manava Grzhya-sutra gives for the time when and the ceremonies with which particular portions of the Maitrayam Sawhita are to be learnt can be traced in the Manu-smrzti.

xl LAWS OF MANU.

non-occurrence of Mantras, peculiar to the Maitrayamya- Manava school in the Manu-smrzti, 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-smrz'ti and the Manava school may nevertheless have existed. For the examples of the Haira- nyakesa,s and Madhyawdinas show that the Sutras, adopted by a school, are not always composed by one and the same teacher, but sometimes are made up of fragments originally belonging to different authors. In the case of the Madhyawdinas the author of the 5rauta-sutra is a Katyayana, while the Grzhya-sutra bears the name of a Paraskara. In the case of the Haira/zyakcras the Dharma- sutra, though it is ascribed to Hira/zyake.rin Satyasha^a, is in reality the work of Apastamba, and differs both in its language and in its contents very much from the Grzhya-sutra 1. Moreover, the Haira/zyakcra A"ayana- sutra has been taken over, as its colophon clearly proves, from the Bharadva^as. It is, therefore, still possible that the ancient Manava Dharma-sutra was considered as the special property of the Manavas, but was not composed by the same teacher as the Grzhya-sutra, or that, though both works had the same author, the materials for their composition were borrowed from different sources. Either supposition would explain the discrepancies between the two works. If we now could show that some other work belonging to the Manava Ka.ra.na. shows a special affinity to the Manu-smrzti, 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 Grzhya- sutra does not treat in detail, but barely touches in the sections on the Ash/aka rites (II, 8-9). If this treatise has not been taken into consideration by Professor Jolly and

1 Sacred Books of the East, vol. ii, p. xxiii.

INTRODUCTION. xli

Dr. von Bradke, the reason is that it is not contained in Professor Haug's collection of the Manava Sutras, the only one which has hitherto been accessible to European students. In my copy of the works of the Manava school it stands after the Pravaradhyaya l. It consists of four short Khandas. The first begins with the words, ' Now we will explain the rules for the funeral sacrifices,' and treats of the following points : the invitation of qualified Brahma/zas, their hospitable reception with the Arghya in the house of the sacrificer, the invocations asking the Vuvedevas 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 Maitraya/zi Sawhita. This section shows hardly any special agreement with the Manu-smrzti, except in the rule, known also from other Dharma-sutras, which prescribes the entertainment of two guests at the rite in honour of the gods, and of three at the offering to the manes or of one on either occasion, as well as in the number and the deities of the burnt oblations which precede the 5raddha (Manu III, 123, 211). But the second YLhanda, which contains the description of the Sraddha ceremony, opens with a couple of verses, the first of which corres- ponds almost literally2 with Manu III, 274. The only im- portant difference is that at the end the words ' in the rainy season and under (the constellation) Magha/z ' take the place of Manu's ' when the shadow of the elephant falls towards the east.' It must be noted that, though Vishnu LXXVIII, 52-53 and Vasish/^a XI, 40 have passages which contain similar prayers of the manes, their wording differs very considerably from that of the 5raddhakalpa and of

1 My MS. of the writings of the Manava Aa.ra.na., which was copied in 1864-65 at Nasik, includes, besides the Sawhita and the Upanishad, counted as the fifth Kanda, all the portions of the 6rauta-sutra, known from Professor Haug's MSS. together with the Kumara or Kumarila Bhashya and portions of a later vrz'tti by Mijra Balakrr sh«a, as well as the Grzhya-sutra with its Bhashya, the Purawa- khya, by Bha#a Ash/avakra (not by Kumarila, as I conjectured in West and Buhler's Digest, p. 46, note a), and the iSraddhakalpa.

xlii LAWS OF MANU.

the Mahu-smr/ti. The second verse1 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 51okas2, the last of which is nearly identical with Manu III, 283. The chief difference is, that in the first line the word 5raddhe, ' at a 6raddha,' occurs instead of snatva, ' after his bath.' The second var.lect. samahita^, ' with a concentrated mind,' instead of dvi^ottama^, ' a Brahma^a,' is found in the Southern MSS. of Manu. The next section, which is not numbered in the colophon as Khanda, 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 forth3. As Manu mentions this variety of the 6raddha only incidentally, III, 254, the contents of this Khanda find no counterpart in the Smrzti. But among its numerous 51okas one line agrees literally with Manu IX, 186 a4. The fourth and last section of the Kalpa, which is marked as the Paruishta, the addenda, gives miscellaneous rules regarding the times when 5raddhas may be performed, the manner in which the fulfilment of certain special wishes may be secured, and the persons to be entertained on such occasions. It consists chiefly of

^ (sic) ||

2 ^$r J^fWHwnrJMf ?fii^ (sic) i ^n^^^l^rqrm^^- ifc^r: fxnr^ u mi r ft ?t ^frqiprcaf g^rrc (sic) 1 irf^f^- HTftn fasroi snnr f fa: u i$q cr^qwfk: fqTpsrrir *m%: \ tt^t

SPTTWt II

8 Beginning ^HT ^f^tnt ^TTOT^W II Colophon, ^fft *ll»iq<J^ ^J^n^ II

4 -^rcraTij^ ^RT§f^ fife: iref* 11

INTRODUCTION. xliii

verses, seven1 of which are either quite or nearly identical with passages of the Manu-smrzti III, 82, 125-126, 145, 185, 148, and 186, while another, which teaches that the invited Brahmawas and the sacrificer must remain chaste ' because the manes dwell with them2,' agrees in substance with Manu III, 189. Two among the seven 51okas, those corresponding to Manu III, 125-126, occur also in the Va- sish/y^a and Baudhayana Dharma^astras. The remainder are not traceable in the ancient Sutras.

These remarks show that the Manava Sraddhakalpa consists, like many other handbooks ofVedic schools, of several pieces, which probably have been composed succes- sively at different times. Even the whole treatise may be possibly later than the Grzhya-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-smrzti, keeps its importance for the point under consideration. If an adherent of the Manava school found it necessary to compose a treatise on a subject like the 5raddhas, he would, as a matter of course, base it on the usage and the teaching of his school. Hence it may be assumed that the verses which he inserted were current in

"nWTspni II In the corresponding verse of Manu, Medh. and Gov. read W^Tr^ instead of Kulluka's ^Tq^ll b. ^ ^ WrTnr [V] stftilJ^Tnr ^T I

nsrcw^: 1 v^mf [wifo] wd *far ircnt^i [%f 1] fa^ri [t] 1

fTrn^u a. tRnfT^ Mfr^f^] ^nS 1 W fwf>raw: rjTf^i "^m^iT^jTn^ft ^^Finn ^ ^ 11 e. hthtoi mijcs ^ ^reW ^t *J% I

^ wqur [^v] *t^t fwav. [tt:] i ^nng^hr faiftT srarcn: tf%-

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

2 ^rnif^nft fsm [^fl°] faro Hwfw 1 1 *pwtto ttt ufv ^gSa^Tftjn: (sic) a

xliv 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-smrz'ti rests on a Manava Dharma-sutra, and has derived from the latter a number of its verses, the most natural explanation of the partial agreement between the 5raddhakalpa and the Sm^'ti 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 Maitrayamya- Manavas and of the Vish^u-smr/'ti to the Manu-smrzti, 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 Maitraya^a- brahma^opanishad and the Manu-smrzti, 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-smnti 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, 41, 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 Upanishad2. 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/^a's Dharma- sutra. The comparison of the human body to an impure dwelling (Manu VI, 76-77) reappears even in Buddhistic works3. The corresponding philosophical tenets, finally,

1 Sacred Books of the East, vol. xv, p. 298, note I. 2 See below, p. lxxiii. 3 Dhammapada, 147-150; Johanntgen, Das Gesetzbuch des Manu, p. 93.

INTRODUCTION. xlv

occur in a portion of the Manu-smrzti 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 Sarasvati, and between the Yamuna and the Ganga, they may indicate, as Dr. Johanntgen thinks2, 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 Mahanzava asserts3, from the Mayura hill to Gujarat. Unfortunately, however, the Dharma-sutras of Vasish^a and Baudhayana 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 Dharma^astra is based on a Manava Dharma-sutra which probably was the exclusive property of the Maitra- yawiya- 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- .yastra for the manual of the Vedic school ? 2. why was so prominent a position allotted to the remodelled Smrttl?

1 See below, p. lxix.

2 Loc. cit. pp. 109-110.

3 Sacred Books of the East, vol. ii, p. xxxi ; and L. von Schroder, Maitrayawi Sawh. I, pp.xxiv-xxviii. The ancient inscriptions name Maitrayawa Brahma«as as donees in the Central India Agency and Gujarat. The Manava school still exists in the latter country and in Khandesh.

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 Smrztis to which the Manava Dharmajastra belongs *. 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 Karanas 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 Brahma^as, but also their Pada, Krama, and perhaps still more difficult pa/^as 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 Veda2. As long as the Ahgas consisted of short simple treatises, it was also possible to.

1 Regarding the various classes of secondary Smr/tis, see West and Biihler, Digest, p. 32, third edition.

2 See Manu III, 1, and IV, 95, as well as the parallel passages quoted in the notes.

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 Vafcakha1. But when the Kalpa or ritual alone reached dimensions as in the Sutras of the Baudhayaniyas and Apastambiyas, while the grammar developed into as artificial a system as that of Pa/zini, 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 Mima.7/zsa, the art of interpreting the rules of the Veda2. 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 Karanas 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 Manu IV, 98, and the parallel passages quoted in the note. According to some Smrz'tis the Angas might be studied at any time out of term (Vas. XIII, 7).

2 Regarding the early existence of the Purva Mfmawsa, see Sacred Books of the East, vol. ii, p. xxvii ; and the verse on the constitution of a Parishad, quoted Baudh. I, 1, 8 j Vas. Ill, 20.

Xlviii LAWS OF MANU.

sacred texts and of the Aiigas of their Sakhas as well as of some other works, more or less closely connected with the Veda. A perfect Vaidik of the A^valayana school knows the Rig-veda according to the Sawhita, Pada, Krama, Ca/a and Ghana Pa/^as, the Aitareya Brahma/za and Ara^yaka, the ritualistic Sutras of Awalayana, Saunaka's Pratuakhya and the Siksha, Yaska's Nirukta, the grammar of Pa/zini, the Vedic calendar or (Syotisha, the metrical treatise called the TT^andas, Ya^avalkya's Dharma^astra, portions of the Mahabharata, and the philosophical Sutras of Ka^ada, (^aimini, 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 5akhas as well as some other non-Vedic books1. 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 5rauta-sutras, interpret the intri- cate system of Pacini's grammar, or decide a knotty point of law according to the Dharma-sutra or the secondary Smriti 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 5rotriya or Srauti, who unites with a thoroughly verbal knowledge of the sacred texts of his ^akha a full acquaintance with the meaning of the Srauta-sutras and with the actual kriya or manual work, described in the Prayogas. The vSrauti, as well as his humbler fellow- worker, the so-called Ya^ika or Bha#a£-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 5iksha2. Real

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

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

INTRODUCTION. xlix

proficiency in the other still surviving Aiigas, grammar, law, and astronomy is to be found only with those Vandits who fulfil their duty of studying the Veda by committing to memory a few particularly important sections, such as the Pavamani-hymns of the Rig-veda or the 5atarudriya of the Ya^*ur-veda, or by confining themselves to the few verses which occur in the Brahmaya^a and the Samdhya.- vandana1. 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 Vand'it 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 Smrztis, but interpret it in accord- ance with the rules of the secondary Dharma.s-astras of Manu or Ya^lavalkya. A good illustration of this state of things is furnished by Saya;za-Madhava's treatment of Baudhayana in hisVyavaharamadhava, a treatise on civil and- criminal law supplementing his commentary on Para^ara's Smrz'ti. Though he himself tells us, in the introduction to the Parlyara-smrzti-vyakhya2, that he belonged to the school of Baudhayana, 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 Vi£v7&ne.svara's exposition of Ya^vzavalkya. He quotes Baudhayana only in three places3. As far as the law is concerned, Saya^a follows the theories of the

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

1 Bha«</arkar, loc. cit. p. 132 note.

2 Pararara-smrz'ti-vyakhya, p. 3, ver. 7 (Calcutta edition).

3 Burnell, Dayavibhaga, pp. 9, 39, 41.

[25] d

1 LAWS OF MANU.

special law school of his time and of his country, without particular reference to the teaching of his Vedic iTara^a.

This depression of the Vedic iTara/zas 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 Vaiyakara/zas, grammarians ; Nairuktas, etymological exegetes ; and Ya^mkas, ritualists ; and contrasts their conflicting opinions1. 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 TTara/zas 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. Pacini's Ash/adhyayf is the sole repre- sentative of the Vyakara/za 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 Pacini's own work, in the PratiVakhyas, and in Yaska's Nirukta clearly show, a very considerable number of more ancient works did precede the Ash/a- dhyayi, and the latter is undoubtedly the final outgrowth of a long scientific development2. A good many of the lost

1 Nirukta I, 12 ; V, n ; VII, 4 ; XIII, 9.

8 See Max Muller, History of Ancient Sanskrit Literature, p. 150, who says

INTRODUCTION. ll

works seem to have treated grammar from the same stand- point as Pacini'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 ATara/zas 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 (Syotisha, 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 Gargi Sawhita, as well as the Vasish///a Sawhita and Siddhanta, show no connexion with the Veda or Vedic schools, except that their authorship is ascribed to Rishls or descendants of the families of ^z'shis.

As regards the sacred law, the fact that such late off- shoots of the Vedic tree, as the Apastambiyas and the Haira^yake^as, 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, Pata/^ali, 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-sutras1, 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 law2.' Possibly the word dharmajastra, the Institutes of the sacred law, which occurs

most appropriately that the Hindus ought to speak not of the Pawinyadya vaiyakarawa^, but of the PamnyantjU.

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

2 See the remarks on Pacini IV, 2, 60 (vol. ii, p. 248, Kielhorn). I follow Dr. Kielhorn, who prints the words ' vidya /£anangakshatradharmatripurva ' as a remark of Pata«£ali, not as a Varttika of Katyayana.

d 2

Ill LAWS OF MANU.

occasionally in his Bhashya1, 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 Dharma^astra, 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 Mima^sa, one who knows the Angas, one who recites (the works on) the sacred law (dharmapa^aka), and three Brahma^as 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 composed3. It may also be that already then these special schools had elaborated

1 See Katyayana's Varttika 39 on Pacini I, 2, 64, and Pataw^ali's remarks thereon (Kielhorn, Mali. vol. i, p. 242).

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

3 The significance of the passage quote'd comes out still stronger, if we com- pare Gautama's rule (XXVIII, 49), which differs 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 (Gaut. XVI, 49; Ap. I, 3, 11, 38) in certain cases to the teaching of other schools, which, being comprised under the general term Smrz'ti, have authority, provided the teachers were orthodox ilshfas (Gaut. I, 2 ; Ap. I, 1, 1,2; Vas. I, 4; Baudh. I, 1, 1, 3).

INTRODUCTION. liii

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-Slokas1. 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.

llV 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 Smrztis, the chief surviving repre- sentatives of which are the Dharma^astras of Manu and Ya^avalkya. 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-smrzti 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 Pa^its, who especially devote themselves to the study of law, will be patent to every student of the Dharma^astras. That it treats all legal topics more fully and more systematically than the Dharma-sutras, and especially devotes much more space to those subjects which are briefly noticed in the latter works, is no less evident. It will suffice here to point out the fact that the description of the duties of the king, including

INTRODUCTION. 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 983 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/m-smrz'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 Antyeshtf, is ordained together with recitation of sacred formulas, is entitled to study it, but no other man whatsoever.' Hence Brahmans are to teach the 5astra, and all Aryas may learn it. It further agrees with its character as a school-book, if the phala^ruti or statement of the rewards to be gained by its study, Manu XII, 126, asserts that a twice-born man, who is able to recite ' these Institutes, will be always virtuous in con- duct, and will reach (i. e. after death) whatever condition he desires.' The first object which the student may gain is self-improvement, and the second happiness after death 3.

1 About the same ratio, 367 : 1009 is found in Ya^vlavalkya's Smrz'ti.

2 Thus in the Gautamiya, 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 Apastambiya, ten out of ninety-eight ; and in the Baudhayaniya, about seven out of a hundred and fifteen.

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

Ivi LAWS OF MANU.

If we accept the conclusion which the preceding discussion tends to establish, that the special law schools produced the first and the most ancient division of the secondary Smrztis 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 Smrz'ti1, 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 conjectures2, had undertaken the revision of their Dharma-sutra, they would not have forgotten to mention such ceremonies as those which, according to their Grzhya-sutra, must be per- formed on beginning the study of particular portions of their Sa;/zhita3, and, above all, they would have allowed Man- tras belonging to the Maitraya/zi 5akha to stand. Again, if the task had fallen to the share of the members of some other Vedic school, we should find some points mentioned which were of special interest to them. The entire absence of all distinctive marks of any Vedic school which the Manu-smWti 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-smrzti, like all other works of its class, emphatically claims the allegiance of all Hindus. It is obvious that every special law school must assert, if its labour is not to be in vain, the general applicability of its doctrines and rules to all mankind.

If we now turn to the second point, what reasons induced the special law schools to select just the Manava Dharma-sutra among the large number of similar works

1 This view, which I first taught in my lectures on the Hindu law, delivered in the Vienna University during the winter, 1881-82, has been accepted by Professor J. Jolly, Tagore Lectures, p. 41, and Lecture II passim, as well as p. 347 (end).

2 Proceedings of the American Oriental Society, October, i8S3,p. xix.

3 See above, p. xxxix, note 5.

INTRODUCTION. lvil

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-smrzti has been held and is still held by Hindus, lies, without doubt, in the myths which, since very early times, have clustered round the name of Manu, and in progress of time have been more and more developed and brought into a system.

In Vedic mythology, Manu, or Manus^ as he is also called in the Rig-veda, is the heros eponymos of the human race, and by his nature belongs both to gods and to men. As a divine being he is described as the son of the Aditya Vivasvat and of ' the female of equal colour,' whom Vivasvat's wife, Sara/zyu, made to take her place1, or as the offspring of Svayambhu, self-existent Brahman2. In the same quality he is invoked at the sacrifices as pra^*apati, the Lord of created beings3, and in Kutsa- yana's hymn of praise, which is quoted in the Maitraya^a Brahma^opanishad (V, i), he is identified with Brahman, the supreme Soul4. In the systematised theology of the Nairuktas he appears as one of the deities residing in heaven 5. His human character comes out still more frequently. He is named in the Rig-veda together with other sages of a remote antiquity6, the Taittiriya-sawhita speaks of him as of the father of a family who divides his estate among his sons 7, and the 5atapatha-brahma;za 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, 10, 24; .Sat. Br. XIII, 4, 3, 3; and Nirukta XII, 10.

" See the Vedic jloka quoted Nirukta III, 4, about which more will be said below. A third account, Valakhilya III, 1, makes him the son of Saravararca, who possibly may be identical with the J^zshi mentioned RV. V, 33, 10.

3 Taitt. Sawh. Ill, 2, 8, 1 ; IV, 1, 9, 1 ; %. Samh. XI, 66 ; Maitr. Sa/?zh. II, 7, 7.

4 The edition reads annaw, food. But Professor Max Mutter's MS. has cor- rectly Manu (S. B. E. XV, p. 303 note). My copy has TsH •

5 Nirukta XII, 33-34. 6 RV. I, 80, 16 ; 1, 112, 16, &c.

7 Taitt. Sawh. Ill, 1, 9, 4.

8 Sat. Br. I, 8, 1 ; Sacred Books of the East, vol. xii, p. 216, ' In the morning they brought to Manu water for washing, just as they (are wont to) bring (water) for washing the hands.'

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 f the races of men ■ are his off- spring 2. But in the famous legend of the flood, 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^vla. His oblations produced a woman, Ida. or I/a, a personification of the \dk ceremony and of ' the blessing of the sacrifice.' Though solicited by Mitra and Varu;/a to become theirs, she acknowledged herself Manu's daughter, and stayed with him. ' With her,' the Brahmawa concludes in somewhat ambiguous terms, ' he went on worshipping and performing austerities. Through her he generated this race, which is called the race of Manu.' Though this legend is alluded to in another Brahma/za4, 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 Rzshi 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.

2 RV. Ill, 24, 3 ; Taitt. Sawh. I, 5, 1, 3 ; I, 5, 6, 1 ; III, 4, 22 ; III, 4, 3, 1 i VI, 1, 5, 6, &c. ; .Sat. Br. XIII, 4, 3, 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-brahmawa XIII, 4, 3, 3, and RV. I, 112, 8. In the latter passage the epithet .rara, the hero, characterises Manu as a royal personage.

INTRODUCTION. lix

the ancestor of kings. Thus a Mantra, recited at the Abhisheka of a king1, asserts that Pra^apati formerly- anointed Indra, Soma, Varu/za, Yama, and Manu, and among the mythical kings vSaryata is called Manu's son2, while Pururavas is the offspring of Manu's daughter, Ids. 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 TTalukya, Ct-^^^f^ and ifolajdngs name Manu as the founder of their families. 0U/1+- ($'X*/*

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 passages4 which speak of Manu's sacrifices, and of his having kindled the sacred fire, or invoked the gods to accept the offerings of the AVshis just as they accepted those of Manu. The same assertions are repeated in the Ya^ur-veda5, and the 5ata- patha-brahma/za (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 vSraddha.' Though this passage is not marked as a quotation, its style clearly shows that it has either been borrowed from a Brahma^a, or that it gives a summary of

1 Ait. Br. VIII, 8, 1.

2 Sat. Br. IV, 1, 5, 2 ; compare also Ait. Br. IV, 32 ; VIII, 21, where the name is Saryata.

3 RV. I, 31, 4 ; X, 95 ; and .Sat. Br. XI, 5, 1, 1. In the first passage I take manave in the sense of manavaya.

• See Bergaigne, Religion Vedique, I, 62-70, where, it seems to me, a great many difficult passages have been explained more successfully than in the translations of other Vedists, who take the word manu too freely in the sense of man.

5 See e. g. Taitt. Sawh. I, 7, 1, 3 ; II, 5, 9, 1 ; III, 3, 2, 1 ; V, 4, 10, 5.

lx LAWS OF MANTT.

a longer story contained in such a work1. It is probably on account of this legend that ' Manu, the offspring of the Sun,' receives in the Mahabharata2 the epithet 5raddha- deva, which may be rendered either ' the deity of the vSraddha,' or, perhaps better, ' he whose deity is the 5raddha, i. e. the vSraddha-worshipper.' Closely connected with Manu's position as inventor of sacrifices is the ancient myth, mentioned above, which makes him the father of Ida. ; and from the same idea spring probably the legends regarding hisjaujj, whose voice destroyed the demons, and regarding the sacrifice of his wife, Manavi3.

That Manu was credited with the revelation of Mantras has been stated above4 in the remarks on the passages from the three redactions of the Ya^-ur-veda and of the Tandy a-brahmana. 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 Rishis of the White Ya^"ur-veda, while the Sarvanukramam of the Rig-veda ascribes five entire Suktas, VIII, 27-31, to Manu Vaivasvata, as well as a few verses to Manu Apsava and to Manu Sa;^vara^a. An interesting passage in the beginning of the last section of the iT/zandogyopanishad 5 informs us that that work was revealed by Brahma (Hira- /zyagarbha) to Pra^apati (Ka^yapa), by Pra^apati to Manu, and by Manu to mankind. This legend proves that the ancient Vedic schools believed Manu to have taught more than a few verses and hymns. It also helps us to under- stand better the phrase of the four Vedic books quoted, 'All

1 If Professor Max Miiller, India, What can it teach us? pp. 234-235 and 365, thinks that Apastamba's passage betrays a consciousness of the later origin of the 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 Brahma^as similar introductions, in which the Devas play the part of Manu, are prefixed to the descriptions of most sacrifices. As the Sraddhas specially concern men, the father of mankind is very appropriately represented as their inventor.

2 Mah. XII, 121, 29.

3 Sacred Books of the East, vol. xii, pp. 29-30 ; see also the passages and essays quoted there in note 1.

• See p. xvi.

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

INTRODUCTION. 1

XI

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 K/iandogya. is probably not as ancient as the Sa^hitas of the Ya^ur-veda, or even as the Ta/^ya, and though it hence would be more than hazardous to assume that this very passage is alluded to in the latter, the idea that Manu acted as mediator between Brahman and mankind, and that he taught the way to final liberation, may yet belong to very early times, and may have been one of the causes which led to the sweeping generalisation. The same passages probably testify also to the early existence of the belief that Manu first settled the Dharma, which, as the preceding discussion shows, is but a natural outgrowth from the conceptions which make him the founder of the moral and social order of the world. The published Sawhitas and Brahma^as contain, as far as I know, no explicit statement on this subject. But an allusion to it seems to occur in the passage of the Taittiriya-sa;^hita which declares that Manu divided his estate among his sons. Baudhayana1, at least3 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 2.' The text shows the Vedic accents, the use of which appears to be confined to the Sa;;mitas and Brahma/zas. As the verse is emphatically called a 6Ioka, it cannot have been taken

1 Sacred Books of the East, vol. xiv, p. 224.

2 I do not share Professor von Roth's misgivings (Nirukta, Notes, pp. 24-26) regarding the genuineness of this verse, and of the whole legal discussion in sections 4-6 of the third book of the Nirukta. We know now that the views of the ancient authors on the succession of daughters differed very considerably. Hence the incidental discussion of this vexed question in the Nirukta need not raise any suspicion. Similar digressions are not uncommon in other Vedic works. The difficulty with respect to the compound rzkjlokabhyam, 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.

I

lxii LAWS OF MANU.

from a work of the former class. It probably belongs to one of the lost accented Brahma/zas. 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-smrz'ti, which, with respect to the greater part of the rules on inheritance, may be considered as a faithful representative of the original Dharma-sutra. Though Manu IX, 131-139 strongly insists on the right of an appointed daughter, and, indeed, of every daughter who has no brothers, to succeed to the paternal estate, he nowhere lays down the rule, which, according to Yaska, is taught in our verse, that daughters under all circumstances share equally with sons. To daughters who have brothers Manu allots one-fourth of a share.

In the Dharma-sutras the verses which contain the phrase 1 manur abravit, thus Manu has said,' or equivalents thereof, become more frequent. The passages of Vasish/^a and of »Sankhayana in which it occurs have been discussed above. Two verses of this description are found in Baudhayana's Dharma-sutra (IV, 1, 13; 2, 15), and a considerable number in LLyanas' aphoristic Dharma^astra1. In the Mahabharata2, in our Manu-smrzti itself, in the Narada-smrzti3, 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 Veda4 and of Pra^apati. That the cause of

1 Instances of this kind occur, especially in the Sraddhakalpa, chapter IV, *Rfa ^ra ^W. I ^I'J'ftlTlFTlTft: trflTcn«HrjOsHl'^ (sic) II "

(sic) II and in chapter VI, TO ^WSTTTCJ Stfftl ^ftfT^nm I WJ^Bh

Tq^tmfw 13: ^rtf>j^te^ftf^ ir^ngfTitrifH cTfa vi-jjow: s^^ ft: i TOTrafH<jffHT ftrn^ *3tiNh(n ^*j& * prr**ro^- wjtsnrfi^ii

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

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

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

INTRODUCTION. lxiil

its adoption was not the existence of a primeval Manava Dharma-sutra or Sastra, 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-smrzti.

These legends and mythological conceptions are amply sufficient to show why the special law school's 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 Manavas1 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 Mahabharata2 and of the Pura;/as.

1 All I can adduce regarding the tradition of the Manavas is found in some not very clear verses of the Mahgalafrarawas, prefixed to the two books of Ash^avakra's commentary on the Grzhya-sutra. In the beginning of the prathamapurushabhashya he says, according to Professor Haug's MS. (Munich

Roy. Lib. Sansk. MSS., No. 51), ^\ nPffTO[V] *T?RT^TC ^T: I TOT:

^Ktg rtt II My MS. omits the invocation of the Bhashyakara and of Manava- Hrya and reads in the last line SU^ rM HTf«T o|r<?PT3 ^T° II The dvitiyapuru- shabhashya begins, according to my MS., ^KSirU U^Tl^"q ^rtrjiH^T^JTT '

hwu^t^to: ^wretf jpj^tt: inn ■srera^rci ^^t wf ijfT 3 (?) rcn i>^ iwT^ra: i ttttt Tr^^rppiT [inT^ig^ X] ^g^ftrenrar^iisii

In the first line of the second verse I propose to read ^nTN^I ^T«T ^rt (J^T ^H.taWl^ir and to translate, 'As the venerable ManavaMrya composed this (Sutra) by the favour of Sarasvati, (even so) the (commentary) called Purawa was carefully written by Ash/avakradeva after he had pleased Sarasvati, when one hundred years (of the Lokakala) were completed, in the season called the dewy one.' These verses seem to indicate that, according to the tradition of the Manavas, a historical ManavaMrya or Manva^arya composed the Grz'hya- sutra, which was also called Brzhaddharma, by the special favour of the goddess Sarasvati.

2 See Mah. XIII, 66, 12.

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-smrzti obtained a particularly high position, and was accepted as the paramount authority on the sacred law.

The legends given above render us yet another service. They explain the origin of the seemingly contradictory statements of the Smr/ti regarding Manu. When he is represented there as a descendant "of self-existent Brahman and a Pra^apati who takes a prominent part in the creation, or as identical with the supreme Brahman1, 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 Smrtti, 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 calf2, when Przthi Vainya milked from her agriculture and grain-bearing plants.' It would, therefore, seem that Vira^, who repeatedly plays a part in Vedic cosmogony, was already there connected with Manu. Further, the substitution of seven or more Manus for one, has probably been caused, as the Peters- burg Dictionary (s. v. manu) suggests, by the diversity of the genealogies found in the various Vedic passages. It is even not improbable that the Vedic schools believed, when Katya-

1 The same identification occurs Man. I, I, 32.

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

INTRODUCTION. 1

XV

yana composed his Sarvanukramamka 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 (I, 34-36), in the work of creation, rests on such passages as those quoted by Apastamba II, 24, 3-6, 13, where suc- cessive destructions of the world are mentioned, and ' this creation is declared to be the work of Pra^-apati and of the sages.' But the complete development of the myth of Manu belongs to the schools of the faura/zikas and Aitihasikas, and we find in the Pura/zas and in the Mahabhcirata many legends which are partly identical with or closely related to that told in our Smrz'ti *.

The third problem, to say how the conversion of the Manava Dharma-sutra into cmrJVlaau^amr/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- smrzti 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-sutras show a very decided class-affinity, they yet differ in the details. The one devotes greater attention to one subject, and the other to others. Hence it may be, that occasionally a rule which is found in the Dharma-sutras, nevertheless did not occur in the Manava-sutra, but was added on its

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

[25] e

Ixvi LAWS OF MANU.

revision. To a certain extent we may also avail ourselves of the Vishmi-smWti 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-sutra, contains also an admixture of modern elements. On the other hand, those rules and discussions which cannot be traced in one of the old Sutras, are at least suspicious, and require careful consideration. The ultimate decision, if such passages have indeed to be considered as additions, must depend on various collateral circumstances. The safest criterion will always be the character of the ideas which they express. If these are entirely foreign to the Sutras or to Vedic literature, they may be confidently rejected as interpolations. A good deal depends also on their position and on the manner in which they fit into the context. Numerous cases will, however, remain doubtful.

If we examine Manu's text according to these principles, the more important results will be as follows : — The whole first chapter must be considered as a later addition. No Dharma-sutra begins with a description of its own origin, much less with an account of the creation. The former, which would be absurd in a Dharma-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-sutras and in the Vish/^u-smrzti, and more than three-fourths of the verses find counterparts in the aphorisms and verses of the older law-books. Nevertheless, the hand of the remodeller is not rarely visible. There are, besides the verses which announce the transition from one subject to the other1, a considerable number of smaller and some

1 These verses probably mark the subdivisions of the Adhyayas, the Kawdikas or Khatt</as of the ancient Sfitra.

INTRODUCTION. lxvii

larger interpolations. To the latter belong, in the second chapter, vv. i-ii and vv. 88-100. The first passage gives a philosophical account of the origin of actions (1-5), such as is not found in any older law-book ; further, a verse (v. 6) stating the sources of the sacred law, which is unnecessary on account of v. 12, and suspicious on account of the double description of the third source of the law, by the synonymous terms sila. and a£ara 1. The contents of the remaining verses, the praise of the Manu-smrzti (v. 7), the advice how the different authorities are to be studied (v. 8), the decla- ration of the reward for obedience to the revealed texts (v. 9), the definition of the terms 6ruti and Smriti, and the declaration of their authoritativeness, are likewise super- fluous, and clearly later enlargements. The second passage (vv. 88-100), which enumerates the organs of sensation and action and teaches the necessity of controlling them, inter- rupts the continuity of the text very needlessly, and has nothing whatsoever to do with the matter treated of. Among the smaller interpolations in this chapter, vv. 13, 16, 27, 28, 142, 143, 213-215, 221, and 239 must certainly be reckoned. It also seems probable that the passage on the importance of the syllable Om, of the Vyahrztis, and of the Savitrt (vv. 76-87), as well as that on the humility and meekness required of a Brahma//a (vv. 160-163), and that on the worship due to parents and a teacher (vv. 225-237), have been enlarged, though in each case something of the kind may have occurred in the Dharma-sutra. In the third chapter, there is one longer passage (vv. 192-201) which, beyond all doubt, has been added by a later hand. For the classification of the Manes, which it contains, is in this form foreign to Vedic literature. More doubtful are the discussions on the duty of conjugal intercourse (vv. 46-50), on the honour due to women (vv. 55-60), on the excellence of the order of householders (vv. 79-80), and on the results of inviting sinners and men of bad conduct to 6Yaddhas (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

lxvili 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 Brahma/za may subsist (vv. 1-24) is exceedingly suspicious. The Dharma-sutras, e.g. VasishzVza 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., Amrz'ta, Mrz'ta, Pramrzta, and Svavrtttl (vv. 5, 6), which, though common in the Pura/zas 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 vv. 85-91, which describe the heinousness of the offence committed by him who accepts gifts from a royal usurper and other wicked persons, and enumerate the twenty-one hells which will be the offender's portion. For it is not doubtful that, even if the 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-sm/7ti, at the beginning of the section on crimes and penances. Other probable interpolations are vv. 172-174 on the results of sin, vv. 180-185 on the reasons why quarrels with near relatives should be avoided, vv. 238-243 on the reasons why spiritual merit should be accumulated. Finally, the section on gifts and the acceptance of gifts (vv. 186-197) seems to be strongly mixed with modem 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

INTRODUCTION. IxiX

Vasish/^a 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 Vasish^a Dharmaj-astra 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-smrzti 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, vv. 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 Smnti 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 Vish/m- smrtti correspond. If one pays attention to the rules regarding the king's duties, given in the Dharma-sutras of Gautama, Apastamba, and Vasish^a, as well as to the references to the opinions of the Manavas and of Manu, made in the Kamandakiya Nitisara2, 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 Vish/zu, and that about two-thirds of the seventh Adhyaya of our Manu-smrz'ti have been added when it was recast. With respect to the eighth chapter and the first 224 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 Vas. V and XVII, 55-80. 2 See above, p. xxxvi.

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 Vish/m-smrz'ti. 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 Vish^u-smr/ti, 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 Vishnu. 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, vv. 108-110, 128-129, 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 Vishnu III-V.

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

INTRODUCTION. I

XXI

tices. The former enumerates the gambler among the men who defile the company at a 5raddha, and the latter names gambling among the crimes which render men impure. Though Apastamba and Vish/zu are less puritanical, and permit gambling under royal, i. e. police-supervision, or pro- vide only punishments for cheating (Vish/zu V, 134-135), the teaching of our Smrz'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 Yudhishz7zira 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 (ka/zzakoddharaz^a), correspond to a part of the prakirzzaka or miscellaneous rules of Ya^vmvalkya 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 vv. 1-74. The Dharma-sutras enumerate either one or two sets of mixed castes, briefly indicating their origin, and, sometimes, their modes of life. They also add a few verses or rules regarding the changes to be

lxxil LAWS OF MANU.

attained in successive generations, as well as regarding the manner in which men of low descent may be detected. Our Manu-smrzti, 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, vv. 75-100, on the occupations of the castes and their manner of subsisting in times of distress, agree, in the main, with the Sutras, and seem to have been changed very little. But the supple- mentary notes on the same subject, vv. 101-131, are probably additions made on the revision of the work. The few ancient rules which they contain are partly repetitions of matters already discussed (e. g. vv. 11 3-1 14) and partly misplaced (e. g. vv. ill, 11 5-1 17, 119)1.

The eleventh chapter is again, like chapters 1 1- 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/m-smrz'ti. The agreement with the latter is particularly close, and appears especially in the classification of crimes, the enumeration of the diseases caused by offences committed in a former life, and in many details referring to penances. Curious and against the practice of the older works is the combination of the rules on gifts and the performance of sacrifices, vv. 1-43, with the section on penances. The excuses which the commentators offer for this anomaly2 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- skittakanda. 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 Purawas and the Mahabharata ; see also below, p. lxxix.

2 See note on Manu XI, 1.

INTRODUCTION. lxxiii

discussed below, shows exactly the same combination as our Smrzti.

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/zabrahma/zo- panishad1. Equally or similarly minute details are, how- ever, to be met with only in the Pura/zas, the Mahabharata, and some of the metrical Smrztis, which blend philosophical ideas with the sacred law. The next following discussion on the karmavipaka, the results of sinful acts in future births, vv. 51-81, is altogether wrongly placed. It evidently ought to stand in the beginning of the section on penances, where Vish/zu and Ya^avalkya have a number of corres- ponding Sutras and verses. As it is found in the Manu- smrz'ti in a different position, it is most probably an addition made on the revision of the work. The section on the means of attaining supreme bliss, vv. 82-104, returns to the questions which have already been discussed in the fourth and sixth chapters, and adds nothing that is new. The long peroration at the end, vv. 1 16-126, cannot have formed part of the Dharma-sutra, as it again refers to the myth concerning the origin of the 5astra, narrated in the spurious first chapter. But the small piece on the manner of deciding doubtful legal questions, vv. 105-115, belonged probably to the original work. To this conclusion point its close agreement with the rules of the Dharma-sutras, and the circumstance that Gautama also places the corres- ponding Sutras just at the end of his work.

If thus it is extremely probable that the contents of more than half the verses in our Manu-smrzti cannot have been derived from the ancient Manava Dharma-sutra, we

1 Maitr. Up. Ill, 3, 5, 6 ; compare Manu XII, xii, 32-33.

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-smrzti to the Mahabharata, which undoubtedly is one of the most ancient metrical works of Indian literature, and the great storehouse of the earliest forms of post-Vedic mythology and doctrine. The connexion existing between these two works, and its importance for the history of the Institutes of Manu, has been recognised by most San- skritists who have directed their attention to the investiga- tion of the origin of the secondary Smrztis. Many years ago Professor Weber1 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 Smriti, while others are not traceable, but also a considerable number of verses, not attributed to Manu, which, nevertheless, are included in the Dharma^astra. He inferred from these facts that the existing Manu-smrzti 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-smrzti, has been drawn by Rao Saheb V. N. Ma^lik2, who is convinced that the editor of the latter has drawn, to a large extent, on the former work. Of late Professor Hopkins3 has made a careful analysis of the quotations from Manu found in the Mahabharata. According to him, their number is thirty-three, among which seventeen are traceable, five being verbal quotations, the rest agreeing in doctrine only. His explanation for the untraceable quota- tions is not that they have been taken from an older recension of the Manu-smr/ti, but that a floating mass of

1 History of Indian Literature, p. 279 ; compare also Professor Stenzler in the Indische Studien, vol. i, p. 245.

2 The Mayukha and Ya^/zavalkya, introd. to Yagfi. p. xlvii.

3 Proceedings of the American Oriental Society, October, 1883, pp. xix-xx, and now Journal of the American Oriental Society, vol. xi, p. 257 seqq.

INTRODUCTION. 1

XXV

unwritten sayings of Manu existed, some of which were incorporated with the Dharma-sutra of the Manavas in its revision, while others were not. He also notices the fact that our Manu-sm/^'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 Smrzti, or if it differed from both. According to what has been said above1 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 Smrzti of his. Hence the number of passages useful for comparison is very much restricted. Those only which explicitly mention a vSastra of Manu are really indisputable evidence. The estimation of the value of the remainder must depend on collateral circumstances. Quotations of the former kind are not numerous in the Mahabharata. Nevertheless, some do occur in the twelfth and thirteenth Parvans, and they clearly prove that the authors of these books knew a Manava Dharma^astra not identical but closely connected with our Smrzti. Thus we read, Mah. XII, 56, 23-25, where the power of Brahma^as 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.

lxxvi LAWS OF MANU.

thou shouldst keep in thy heart (23). Fire sprang from water, Kshatriyas from Brahmaz/as, iron from stone, the all-penetrating power of these (three) has no effect on that whence they were produced (24). When iron strikes stone, when fire meets water, when a Kshatriya shows hostility to a Brahma^a, then these (three assailants) perish.' Again, Mali. XIII, 46, 30-36, in a discussion on the prerogatives of a Brahma^a's Brahma/zi 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 (manunabhihita^ jastram), O great king, descended from Kuru, this same eternal law is found (35). Now if (a man) out of love acts differently, O Yudhish/^ira, he is declared to be (as despicable as) a Ka.nda.la. (sprung from the) BrahmaTza (caste 36).' Nothing can be clearer than these two passages. The second speaks plainly of a 5astra 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 5astra of the Maha- bharata and our Smr/ti, a third from the Ra^adharmas of Manu Pra^etasa — i. e. from the section on the duties of kings belonging to the Manava1 — 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 PnL£etasa were a separate work, different from the <Sastra referred to in the preceding quotations, because the epithet Pra/£etasa is here added to Manu's name, and because at Mah. XII, 38, 2, we find Manu Pra/£etasa named as the author of a Ra^ajastra in company with Br/haspati and ILranas, to whom separate Nitirastras were attributed, I yet hold this to be improbable. For the legends regarding the descent of the lawgiver Manu vary in the Mahabharata. He is in other passages sometimes called Svayambhuva, and sometimes (e. g. XII, 349, 51) Vaivasvata. Further, a sepa- rate 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^adharma/z, and the commentators of our Manu-smr/ti call its seventh chapter expressly by this name.

INTRODUCTION. Ixxvii

crepancy. We read, Mah. XII, $?, 43-45, ' And the following two verses are pronounced1 by Manu Pra^etasa in the Law of kings, listen to them attentively, O lord of kings ! (43.) A man should abandon, like a leaky ship in the ocean, the following six persons, — a teacher who does not instruct, a priest unable to recite the Veda, a king who affords no protection, a quarrelsome wife, a herdsman who loves to stay in the village, and a barber who seeks the forest.' Neither of these verses is found in our Manu, though the latter inveighs against kings who do not protect their subjects (VII, 143-144).

If we turn to the passages in which Manu — not his 6astra — 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 _5akuntalopakhyana., ftiah. T3 y$, 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. 8a) and their names (vv. 8b~9a) in the same order as Manu, and then goes on, ' Learn that among these (rites), as Manu Svayambhuva has formerly declared, the first four are lawful and recom- mended for a Brahma^a ; know, O blameless one, that six, according to their order, are lawful for a Kshatriya (9b-io). But the Rakshasa rite also is ordained for men of the royal caste, and the Asura rite is prescribed for VaLsyas and vSudras. But among the (last) five, three are declared lawful and two unlawful (v. 11). The PaLra^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 udalm'tau, which is ambiguous and may also mean ' quoted.'

lxxviii LAWS OF MANU.

of a Manava Dharma^astra which closely resembled, but was not quite identical with, the existing text. Verse 8b- 9a agrees literally with Manu III, 21 ; and vv. nb-i3 come close to Manu III, 25-26. But vv. 9b-na, 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/za, the four following ones for a Kshatriya, and the same four, with the exception of the Rakshasa rite, for 6udras and Vaisyas, while v. 24 says that the first four rites are recommended, and that the Rakshasa rite alone is per- missible to Kshatriyas, and the Asura to the two lowest classes. According to the Mahabharata, on the other hand, Manu approved of the first four rites in the case of Brah- ma^as, and of the first six in case of Kshatriyas. To the latter he allowed also the seventh, the Rakshasa rite, and confined Vaijyas and 5udras 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 king1. 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-smrzti 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 **n$ tot tnrreq u?n f^fir mxn n 38 11 ^stotj: *%*tfiT

INTRODUCTION. lxxix

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 Smrz'ti. The philosophical conversation between Manu and Brzhaspati, which fills chapters 200-206 of Mah. XII, has neither any distinctive doctrines nor any verses in common with the Manava Dharmaj-astra. On the contrary, it shows a leaning towards the Vaish/zava creed.

With respect to the second passage, Mah. XII, 36, 3-50, a doubt is at least possible. It contains an ' ancient legend ' (pura/za 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 Smrz'ti l. 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 Smrz'ti, than that its author extracted them and the whole piece from a Manava 5astra.

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 Dharma^astra 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 = Manu IV, 218; first pada of ver. 28* = first pada of Manu IV, 220; ver. 28b = Manu IV, 217*; first pada of ver. 29* = first pada of Manu IV, 2iob; ver. 46 = Manu II, 157; ver. 47* = Manu II, 158*.

lxxx LAWS OF MANU.

these ' latest portions of the epic.' The latter conclusion is, it seems to me, confirmed by some indications in the Smrtti 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^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- tkirsi 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-smrzti a number of legends are quoted in illustration or in support of rules which, as the commentators repeatedly assert 1, 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. Mandlik 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 Anush/ubh metre in the latter, a careful examination of the corresponding passages leads to a very different result. On going over the third, twelfth, and thirteenth Parvans of the Mahabharata I have succeeded in identifying upwards of 260 verses or portions of verses, not attributed to Manu, with 51okas of the Manu-smrzti. 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, 23, 129, 314-315, &c.

INTRODUCTION.

XXXI

it may be that even in the Parvans examined some iden- tical pieces have escaped my notice. The number of the verses which has to be compared is so enormous that mistakes are easily possible ; but the identifications made are amply sufficient for the purpose of illustrating the rela- tion between the two works. The corresponding passages vary considerably in extent, from a single pada or a single line to sections of twenty to forty verses. Where larger sections agree, it is rare that more than half-a-dozen verses stand in the same order in both works, and it happens not rarely that a series of identical 51okas is interrupted by the expansion of one verse into two, or by a contraction of two into one. Further, the purpose which an identical line or verse is made to serve sometimes differs, and sometimes a various reading alters its sense entirely. The various readings are exceedingly numerous, and the better one is sometimes found in the Mahabharata and sometimes in Manu. If we enter on a more detailed analysis of the corresponding passages, there are three cases in which one or two consecutive chapters of the Mahabharata contain from twenty to forty verses which occur in our Manu. Mah. XII, 232-233 include the greater portion of Bhrzgu's account of the creation and some of the verses, said to have been enunciated by Manu himself on the same subject, i. e. Manu I, i8b, 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. 38% 39-40, 50, 52b, 58-60, and 62, mostly with considerable variations, and 51okas 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, 2b, 3b, 4a, 7, 11-17, 20, 22b, 23a, 27% 29-31, 34-40, 9ib, 105, 150, i77b, 181, 207. The general sense of some other 61okas corresponds without a real agreement in words, and the same chapter of the Mah. contains also vv. 31* and 32% [25] f

lxxxii LAWS OF MANU.

three-quarters of Manu II, 238, and v. 68a 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, 45b-4<5a- Among other somewhat longer corresponding passages the following are the most noteworthy. Portions of the discus- sion on the reverence due to parents and teachers, Manu II, 229-234, occur Mah. XII, 108, 5-12. The rules regarding the disposal of the fee at an Arsha wedding and the respect to be shown to females are found Mah. XIII, 45* 20 ; 46,. 1-7, and some verses, Manu III, 134-135, 140-142, 158-. 159, 172, 180-181, 184-185, from the section on Sraddhas, Mah. XIII, 90, as well as fragments of IJI, 267-274 in the beginning of Mah. XIII, 88. The warning against quarrels with relatives, Manu IV, 179-185, is repeated Mah. XII, 244, i4b-2ia. A number of the rules applicable to the ascetic, Manu VI, 42-48, 57b, 58* reappears in the beginning of Mah. XII, 246 and 279, while Manu VI, 49 is read Mah.

XII, 331, 30. The sketch of the state administration, Manu VII, 1 15-122, is given mostly in the same words, Mah. XII, 87, 3-1 ia, 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 51okas, and is scattered over all the twelve chapters of Manu. The portions of the Mahabharata where we chiefly meet with them, are III, 94, 180; XII, 15, 244-245, 265 ;

XIII, 44-46, 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.

I

INTRODUCTION.

lxxxi

Xlll

mentators. The solution of some of these difficulties is furnished by the corresponding passage of the Mahabharata. This passage occurs in an account of the creation, com- municated by Vyasa-K>z'sh?2a-Dvaipayana to his son Suka, which Bhishma narrates to Yudhish^ira.

Mahabharata XII, 232.

1 1 . 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 kash/M1, but thirty kash- Mas one should reckon as one kala; moreover, thirty kalas and that which may amount to the tenth part of a kala shall be one muhtirta ;

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 year2.

15. The sun divides the days and nights of the world of men3, the night (being intended)

MANU I.

64. Eighteen nimeshas (twinklings of the eye are one kashM a1), thirty kash/Ms one kala, thirty kalas one muhurta, and as many (mu- hurtas) one day and night

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

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

a The verse marked as 14 in the Bombay edition consists of a single line only.

3 The reading of the Mahabharata, manushalaukike for manushadaivike, seems the better one.

f 2

lxxxiv

LAWS OF MANU.

I

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 and night of Brahman.

19. I will declare severally and in due order the totals of the years in the Kn'ta, Treta
    Dvapara, and Kali ages2.

20. They declare that the Kn'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.

21. In the (other) three ages,

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

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

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

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

69. They declare that the Kn'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.

70. In the (other) three ages,

1 The reading of the Mahabharata 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 suk\a/i and krishnaA. The second var. lect. of the Mah. tayo/j puna/j for tu pakshayo/t is less intelligible than Manu's, because a substantive is required to which sulda/i and krtshnaA can be referred.

2 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.

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 Krz'ta age Dharma is four-footed and entire, and (so is) Truth ; nor does any gain which is opposed to that (spirit of justice) accrue by unrighteousness 2.

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 Krz'ta (age); but in the Tret& age (and the follow- ing ones) their life is lessened by one quarter in each3;

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 Kr/ta age Dharma is four-footed and entire, and (so is) Truth ; nor does any gain accrue to men by unrighteous- ness.

82. In the other (three ages), by reason of (unjust) gains, Dharma is deprived successively of one foot, and through (the prevalence of) theft, falsehood, and fraud the merit (gained by men) is diminished by one-fourth (in each).

83. (Men are) free from dis- ease, accomplish all their aims, and live four hundred years in the Krz'ta (age), but in the Treta and (in each of) the succeeding (ages) their life is lessened by one quarter.

84. The life of mortals, men- tioned in the Veda, the de-

1 The reading of Manu, sasa/7zdhya;/weshu £a for samdhamseshu tata4, seem> preferable, but his ekapayena is inferior to the ekapadena of the Mahabharata.

2 Nilaka7^/za 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 maybe 'nor does any unrighteous doctrine, opposed to that (Dharma), prevail' (Mah.), 'nor is any unrighteous doctrine spread among men' (Manu).

3 The reading kr/te tretayuge tveshSm instead of Manu's k/7'te tret.ulishu hyesham is more archaic.

lxxxvi

LAWS OF MANU.

hear, ineachsuccessiveage, as well as the lives (of men), their blessings (a^isha^), and the rewards which the Veda yields1.

27. One set of duties (is pre- scribed) for men in the Krz'ta age, different ones in the Treta and in the Dvapara, and (again) another (set) in the Kali age, in proportion as (those) ages de- crease in length.

28. In the Krz'ta age the chief (virtue is the performance of) austerities, in the Treta (di- vine) knowledge is most ex- cellent, in the Dvapara they declare sacrifices (to be best), in the Kali liberality alone.

29. The wise know such (a period of) twelve thousand (divine) years (to be understood by) the term an age (of the gods) ; that (period) being multi- plied by one thousand is called a day of Brahman.

30. (Know his) night to be as long2. At the beginning of that (day) the lord who is the Universe finally awakes, after having entered deep meditation

sired results (a^isha^) 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 age1.

85. One set of duties (is pre- scribed) for men in the Krz'ta age, different ones in the Treta and in the Dvapara, and again an- other (set) in the Kali age, in proportion as (those) ages de- crease in length.

86. In the Krz'ta age the chief (virtue) is declared to be (the performance of) austerities, in the Treta (divine) knowledge, in the Dvapara (the performance of) sacrifices, in the Kali liberality alone.

71-72. These twelve thousand (years), which thus have been mentioned above as the total of four (human) ages, are called one age of the gods. But know that the sum of one thousand ages of the gods (makes) one day of Brahman, and that his night has the same length2.

1 The Sanskrit text of the two Slokas 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.

2 Both the Mah. and Manu have the accusative case ratrim, which does not agree with the preceding verb gneyaxa. (Manu) u^yate (Mah.) It would seem that both give adaptations of an older verse, where a word like ahwk, which governed the accusative, occurred. Though the verb was changed, the further alteration of the case was forgotten.

INTRODUCTION.

XXXV11

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.

Ixxxviii

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 which pos- 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 possess1.

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 kinds2, which possess various powers, were severally unable to create beings without fully uniting themselves.

11. 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.

77. 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- quiresthe qualityofthe pre- cedingone, and whatever place (in the sequence) each of them occupies, even so many qualities it is declared to possess.

1 The position of this verse in the Mahabharata makes the conjecture, put forward in the note to the translation, that the correct position of Manu I, 20 is after verse 78, exceedingly probable.

2 According to Nilaka/z///a, the seven Atmans, called above, ver. 3, the seven mind-born ones, are Mahat, Ahawkara, and the five subtile elements.

i

INTRODUCTION.

XXXIX

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

12. In consequence of that entering (jrayawa), the body (jarira) becomes endowed with a (perceptible) form, and con- sists of sixteen1 (constituent parts).

That the great elements2 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

i8b. That the great elements enter together with their func- tions (karman)3.

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

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

2 NilakawMa takes mahanti bhutani, 'the great elements,' in the sense of ' the subtile elements, and the great ones, the mahattattvas' (bhutani sukshmam mahanti mahattatattvani).

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

XC LAWS OF MANU.

alone 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 tion, noxiousness or harmless- falsehood, according to the ness, gentleness or ferocity, disposition with which they virtue or sin, truth or falsehood, were (first) created; hence that clung(afterwards)spon- that (particular course of action) taneouslytoit. 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 Smrz'ti. It must, however, be noticed that, according to verses i$-z6<> 'the Lord assigned to his creatures their names and conditions, in accordance with the words of the Veda.' This idea agrees with Manu I, 21, but the wording of the two passages differs very considerably.

The lesson which the facts, revealed by the above dis- cussion, teach, is a double one. First, they clearly show that the editor of our metrical Manu-smr/ti has not drawn on the Mahabharata, but that the authors of both works have utilised the same materials. Secondly, they make it highly probable that the materials, on which both works are based, were not systematic treatises on law and philo- sophy, but the floating proverbial wisdom of the philoso- phical and legal schools which already existed in metrical form. The first point is so evident that it seems to me unnecessary to waste any more words on it. With respect to the second conclusion, I would point out that it is made unavoidable by the peculiar character of the differences found in closely connected 51okas, 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 wel founded.

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 treatises1. The answer, which we are thus obliged to give to the question whence the editor of our Manu-smrzti 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 Pura«as with the Mahabharata and the metrical Smrztis, 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 Pura;zas contain a good deal that is identical with or similar to passages of the Mahabharata and Manu, and it is in many cases impossible to assume that the corresponding verses have been borrowed from the latter works. The Purawas, some of which, like the Vayu, even in their present shape, go back to a very respectable antiquity, are popular sectarian compila- tions of mythology, philosophy, history, and the sacred law, intended, as they are now used, for the instruction of the unlettered classes, including the upper divisions of the tfudra varaa, the so-called SaM/zudras. 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 61okas, 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.

XC11 LAWS OF MANU,

I

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 Bhrz'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 Bhrzgu's Manu-sa^hita forms the last link in a long chain of metrical Manu-smrztis, 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-smr/ti ; thirdly, the quotations from a Br/hat Manu and a Vrzddha Manu met with in the medieval Digests of law ; and fourthly, the untraceable or partly traceable quotations from Manu's Dharma^astra found in some of the older Sanskrit works. The existence of these facts is undeniable. But it is not difficult to show that they are partly useless as arguments, and partly, under a better interpretation, lead to quite other conclusions. Thus in weighing the value of the argument drawn from the occurrence of contradictory passages, two circumstances, which mostly have been left out of account, must be kept in mind : first, that it is a common habit of Indian authors to place conflicting opinions, supported by authorities of equal weight, side by side, and to allow an option, or to

INTRODUCTION. XC1U

mention time-honoured rules, legal customs, and social institutions, and afterwards to disapprove of them ; and secondly, that, as our Smrzti is in any case a recast of an earlier Sutra, that fact alone is sufficient to account for contradictions. It has been shown above1, that some con- tradictory passages, such as those concerning the respective rank of the mother and the teacher, or regarding the per- missibility of certain marriage-rites, express conflicting views, mentioned also in the Dharma-sutras. The Manu- smrzti 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 chapters2 violently inveighs against Asura marriages, and in the eighth and ninth3 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 Grzhya-sutra unhesitatingly admits the acquisition of a bride by purchase4. But it is also possible that the Dharma-sutra itself contained both the condemnation of the custom and the rules regulating it. For similar contradictions occur also in other Sutras. Thus Apastamba expressly forbids, in his sections on Dharma, the sale and gift of children and the procreation of Kshe- tra^a sons5. Yet, in his 5rauta-sutra I, 9, 7, he gives a rule showing how the Pi/z^/apitrzya^Tia is to be performed by the son of two fathers (dvipita). Such a person can only be a Kshetra^a, a Dvyamushyayawa Dattaka, or a Putrika- putra. If it is borne in mind that Baudhayana, on whose works Apastamba' s Sutras are based, admits the affiliation which the later member of his vidyava;;^a rejects, the obvious explanation of the contradiction is that Apastamba, in spite of his disapproval of other than Aurasa sons, did

1 See p. xxiv. 2 Manu III, 25, 51-54; IX, 98-100.

3 Manu VIII, 204, 224-225; IX, 97. * See above, p. xxxix.

5 Ap. Dh. S. II, 13, 11; 27, 2.

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 6akuntalopakhyana, 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 Jolly1 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-sutras 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 Smrz'ti 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

I

Tagore Lectures, pp. 48, 61.

INTRODUCTION. XCV

which occur in the decidedly modern portions of our text, in the additions to the ancient Dharma-sutra, and to main- tain that e. g. the differences in the two accounts of the creation1, 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 suggest2, 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-smrzti 3, that Manu composed a Dharma^astra in 100,000 verses arranged in 1080 chapters, which was suc- cessively reduced by Narada to 12,000, by Marka/zafeya to 8,000, and by Bhrzgu'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 Bhrz'gu. The actual position of the

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

2 In his discussion on the aim of the first chapter Medhatithi says (comm. on

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

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

XCV1 LAWS OF MANU.

two works has been inverted. Narada's Vyavaharamatrzka shows a far more advanced development of the judicial theories than Bhrzgu's Sawhita, and contains matter which conclusively proves that it cannot date from an earlier time than the fourth or fifth century of our era x. 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-smrzti, 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 Dharmaj-astra in 100,000 chapters, which was successively abridged by Sa/^kara in 10,000, by Indra in 5,000, by Brzhaspati in 3,000, and by Kavya in 1,000 Adhyayas. Against the genuineness of Narada's story we may also adduce the Pauramk statement, according to which Manu's laws were remodelled first by Bhrz'gu, secondly by Narada, thirdly by BWhaspati, and fourthly by Arigiras2.

The third argument, drawn from the fact that the medie- val Nibandhas and commentaries quote passages from a Brzhat (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 Ya£7?avalkya and Narada, while others contradict our Manu on points where he holds archaic views. Moreover, a passage of Wzddha Manu, to which Professor Max Miiller has first called attention4, possibly indicates an acquaintance with Greek astrology. I can only agree with Professor J oily s conclusions, and add that a comparison of the quotations from Brz'hat and Wzddha Manu with Bhrzgu's Sawhita produces the impression that both works — if indeed the titles refer

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

2 Mandlik, the Vyavaharamayukha and Yagn., p. xlvii ; Jolly, Tagore Lectures, p. 44.

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

INTRODUCTION. XCVli

to two and not to one — must have been enlarged versions of the latter1. As it thus appears that there existed recensions posterior to our Mahu-smrzti, the existence of untraceable or partly traceable quotations from Manu's Dharma^astra in Ajvaghosha's Va^rasu^i 2 and from Manu in Varahamihira's Brzhat-sa^hita3 possesses no great significance. With respect to Varahamihira's reference, it must be noted that, according to Albiruni's 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 author4. Hence Varahamihira may have taken his verses on the character of women from the latter. In both quotations the 51okas, not found in our Smrz'ti, have a very modern look. The case is, however, different with the quotations from Manu, which, as has been shown above, occur in the Mahabharata. We have been compelled to admit that the existing text of our Smrzti is younger than the epic. If, therefore, the law-book referred to in the latter is not the ancient Dharma-sutra, we must also concede the existence of a secondary recension which preceded Bhrzgu's Sa.mh.itd.. 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 Manu occur, i. Col. Dig. II, 3, 26 ; 2. Col. Dig. V, 428 = Gi. Day. XI, 6, 34 ; 3. Datt. Mim.

II, 8 ; 4. May. IV, 5, 53 ; — those from Vrtddha. Manu, 1. Col. Dig. Ill, 1, 69 ; 2. Col. Dig. Ill, 1, 83 = May. XI, 5 - Viv. J^int. p. 99 ; 3. Col. Dig. Ill, 1, 86 = Viv. A"int. p. 89 ; 4. Col. Dig. Ill, 1, 90 = May. XI, 5 = Viv. JTint. p. 100; 5. Col. Dig. Ill, 1, 93 = Viv. Amt. p. 103 ; 6. Col. Dig. V, 162 = Viv. Jfint. p. 272 = Varad. p. 21 = Gi. Day. IX, 17 (where attrib. to Bn'hat M.) ; 7. Col. Dig. V, 408 = Smrz. jTand. XI, 1,15 = Sar. Vil. 504 = Varad. pp. 33, 40 = Viram.

III, 1, 2 - Gi. Day. XI, 1, 7 and Viv. A'int. p. 289 (where attrib. to Bn'hat M.) ; 8. Mit. II, 5, 6 •= Viv. A"int. p. 289 and Varad. p. 37 (where attrib. to Brz'hat M.) = Sar. Vil. 591 (where attrib. to M.) ; 9. Viv. A"int. pp. 126-7; io.Viv. Alnt. p. 180 ; 11. Varad. p. 50 ; 12. Varad. p. 28, where in reality Manu IX, 206 seems to be quoted.

2 Weber, Indische Streifen, vol. i, pp. 190, 192, 198.

8 Kern, Brzhat-sawhita, chapter 74, vv. 7-15, and Preface, p. 43.

• Albiruni, Indica, chapter xiv; see also Kern, loc. cit. p. 42, where the probability of the existence of a Manavi Sa^hita has been shown. Albiruni says that the title of the two works was Manasa (Manavi?), and that the shorter one had been composed by one PNA"L, a native of Southern India. I owe these notes to the kindness of Professor Sachau, the learned editor and translator of Albiruni's important work.

I>6] g

XCV1U 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 51okas. 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 Smrztis, 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^zshis, 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 VasishzV^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 Bhrzgu, 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-smrzti have been gradually added one to the other, or that the present text is one of

INTRODUCTION. XC1X

the last links in a long chain of metrical recensions, there are several points which tend to show that our Manu-sa/diita 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 law1. If we compare these rules with those of the Dharma-sutras and with those of the other metrical Sm/'ztis, they are some- what more explicit than the former, but very much inferior to the latter. As regards procedure, the Manu-smrzti pays more attention to the moral side of the duties, incumbent on the judge and the other persons concerned, than to the technicalities, which are much more clearly and minutely described in the Dharma^astras of Ya^avalkya and Narada. In this respect it comes close to the Dharma- sutras, with which it particularly agrees in the absence of all mention of written plaints and of documentary evi- dence, as well as in the shortness of its remarks on ordeals. Among the ancient law-books the Vasish//za Dharma^astra 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^/za2 that most probably this omission has to be explained not by the assumption that in the times of Gautama, Baudhayana, and Apastamba writing was unknown or little used in India, but by the considera- tion that the general character of the Dharma-sutras, which principally pay attention to the moral side of the law, does not require the introduction of matters belonging more properly to the customs of the country or to the Artha- j-astra. Whatever may be thought of the prevalence of writing during the earlier times and of the value of my explanation, it may be regarded as perfectly certain that

1 See on this subject and the following discussion, Weber, History of Indian Literature, pp. 279-281; Stenzler,Ya£-/zavalkya, pp. vii-x ; Journal of the German Or. Soc. vol. ix, on the Indian Ordeals ; and Jolly, Tagore Lectures, pp. 45-49.

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

s2

LAWS OF MANU.

Bhrigus Manu-sa^hita 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, 2,55) 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, J 6) the compound anibaddha^, 'a person not appointed (to be a witness to a transaction),' by 'a person not entered (as a witness in the document),' and refers the rule to cases of loans and other commercial transactions. Thirdly, there is the term kara/za (VIII, 54 and 154), which, though less explicit, likewise points to the use of written bonds for loans. The former passage declares that ' a debt which is proved by kara^a ' (kara/zena vibhavitam) must be paid, and the commentators explain kara/za 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;zam (kara^am parivartayet1).' Two com- mentators, Kulluka and Raghava, take the word here in the sense of 'a written bond,' while the older ones, Govinda, Naraya^a, and probably also Medhatithi, explain it by ' bonds and so forth,' and make it include agreements before witnesses. From these explanations and the use of the word kara^a in other legal* works it would appear that kara/za 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 karawam is clearly erroneous ; see below, p. cxxxiv.

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 sea1, on which ad valorem duties were imposed2, the existence of official lists of prices which were renewed periodically3, the complicated system of calculations of interest, among which we find compound interest4, and the occurrence of mortgages5, 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 Dharmaj-astras of Ya^/zavalkya and Narada as well as other metrical Smrztis, 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 ^Sastra, it shows that he was acquainted with the Dharma- sutras alone or with Dharma-sutras and such metrical Smrztis 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^Tiavalkya-smrzti.

The omission of the details regarding ordeals is no less significant. Manu VIII, 109-116 describes only the administration of oaths more fully, and mentions the ordeals by fire and water in a cursory manner. Among the Dhar- ma-sutras there is only the Apastambiya which (II, 29, 6) recommends the employment of divine proof (daiva) or ordeals in a general way without adding any particulars. The secondary law-books of Ya^avalkya and Narada describe five kinds of ordeals, and enter, the second more

1 VIII, 156-157. 2 VII, 127-128; VIII, 348.

3 viii, 401-402. 4 VIII, 139-142, 151-153- 5 VIII, 165.

Cll LAWS OF MANU.

fully than the first, on descriptions of the manner in which they must be performed. Even the Vish/zu-smrzti 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^vzavalkya and Narada. It would be, in my opinion, a mistake to infer from the silence of Gau- tama, Baudhayana, and Vasish//£a that in ancient times ordeals were unknown in India. Traces of such practices, which were formerly prevalent in various forms also among other Indo-European races, are found, as might be expected, even in Vedic works. If the authors of the Dharma-sutras ignore them or 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 Smrztis, as a matter of course, were anxious to fill up the blank left by their predecessors. But they probably did nothing more than bring the various local customs into a system which gradually was made more and more complete. Under these circumstances the fact that Manu's rules stand mid- way between those of the Dharma-sutras and of the other metrical law-books is another argument for allotting the first place to his Sawhita. In the treatment of the civil and criminal law the inferiority of the Manu-smrzti to the other Dharma^astras of the same class, even to Ya^*/7a- valkya's, which contains a much smaller number of verses on Vyavahara, manifests itself in various ways. In spite of the attempt at a scientific classification of the rules under certain heads, the arrangement of these sections is cumbrous and disorderly. Twice, at the end of the eighth and ninth chapters, we find collections of miscellaneous rules, which, as a comparison of the works of Ya^iavalkya and Narada shows, might for the greater part have been easily fitted in to the one or the other of the eighteen titles. Under the single titles the rules are sometimes badly arranged. This is particularly visible in the chapter on inheritance, where, to mention only one most conspicuous instance of this want of care, the verse asserting the right of the mother and grand mother to take the estate of a predeceased son or grandson

INTRODUCTION. Clll

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, 303-311), 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^avalkya 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^navalkya (II, 175-177) gives under this head at least some general prin- ciples, showing what is required for the validity of gifts ; while Narada1 offers a fairly full and systematic treatment of the whole law of gifts. A similarly gradual development is visible under other heads, especially concerns among

Professor Jolly's Translation, pp. 59-60.

CIV LAWS OF MANU.

partners and rescission of sale and purchase, the rules under which latter head Manu gives partly in their proper place and partly among the miscellaneous precepts at the end of the eighth chapter. A third point, finally, which deserves to be noted here, is the fact that legal definitions are almost entirely wanting in the Manu-smrz'ti, become more frequent in Ya^viavalkya's work, and are regularly given by Narada, as well as that many single rules which are common to Manu and Ya^avalkya, or to Manu, Ya^avalkya, and Narada, are framed in the latter works with much greater precision than in the former1. The inferiority of the Manu- smrzti 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 Smrztis 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 schools2, have hitherto not been found3. All

1 Compare e. g. the rules regarding lawful interest, Manu VIII, 140-142, and Yagn. II, 34.

2 Compare e. g. the case of the Gautamiya and Baudhayaniya Dharma-sutras, where the second and later work is inferior in method to the earlier one.

3 Should it be objected that the Vishwu-smr/ti, though certainly younger than Manu's and Ya^avalkya's Dharma^astras, is deficient in a systematic arrangement of the rules on civil and criminal law, the answer would be that the editor of this work appears to have been a Vaishrcava sectarian, not an adherent of a school which made the law its special object of study.

INTRODUCTION. CV

the other arguments which have been or can be adduced to prove the antiquity of our Manu-smrzti are less conclusive. If it has been said that this work contains some very archaic doctrines1 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 Smrztis2, 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 dinaras, drammas, and na^akas, while all the other secondary law-books mention one or the other of these foreign importations, the omission may be purely accidental. These and similar points can be used for no other purpose than to show that there is nothing in Manu's text that compels us to place it in or after the period between 300-500 A. D., during which Greek influence made itself strongly felt in India. They possess

1 One of the clearest instances of this kind is Manu's doctrine with regard to the succession of females to the estate of males, where the exclusion of the wife agrees with the teaching of the Dharma-sutras (Jolly, Tagore Lectures, p. 48). The assertion of Professor Hopkins (Castes according to the M. Dh. p. 108 seqq.), that the prerogatives of Brahma was are greater according to Yagn. 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.

2 E. g. in the doctrine concerning the Niyoga.

CV1 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-smrzti itself and supported by the tradition preserved in the Skanda-pura/za, that Bhrzgu's1 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 61okas with regard to which real doubts can be entertained is comparatively small, and hardly amounts to more than a dozen2.

The above discussion has also to a certain extent defined the relative position of our Manu-smrzti in Brahmanical literature, and has thus opened the way for the consideration of the last remaining problem, the question when the conver- sion of the Manava Dharma-sutra into a metrical law-book

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

a Many more verses are left out partly in Medhatithi's Bhashya and partly in Nandana's commentary. But see below, pp. cxxvi and cxxxv, where it has been shown that omissions in the accessible MSS. of these two works alone do not mean much.

INTRODUCTION. CV11

may have taken place. The terminus a quo which has been gained for the composition of Bhrzgu's Sa/^hita is the age of the Mahabharata, and the terminus ad quern the dates of the metrical Smrztis of Ya^zavalkya 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^avalkya's Dharma^astra is very doubtful, yet some facts known regarding the Narada-smrzti are not without importance for framing our answer to the difficult question now proposed. Both Professor Jolly and myself1 have lately discussed the significance of the mention of golden dinaras or denarii in the longer and more authentic version of Narada and of the circumstance that Asahaya, a predecessor of Manu's earliest commentator, Medhatithi, explained it and have arrived at a very similar conclusion, viz. that the Narada-smrzti dates either shortly before or shortly after the middle of the first thousand years of our era. If that is so, Bhrzgu's Sa^hita must, in consideration of the arguments just stated, be placed not only earlier, but considerably earlier, and the assertion that it must have existed at least in the second century of our era is not unwarranted. This latter inference is also made inevitable by the discovery that we have to admit the former existence of very ancient commentaries, and of at least one ancient Varttika or Karika which referred to the text of Manu, known to us. With respect to the commentaries, Medhatithi, the author of the Manubhashya, is a most valuable and clear witness. This author, who probably wrote in the ninth century A.D. 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 Bawa, the friend of .Sriharsha- Harshavardhana (606-7-648 A.D.), makes a pretty clear allusion to the Nara- diya Dharma^astra in the Kadambari, p. 91, 1. 13 (Peterson's edition), where he calls a royal palace naradiyam ivavarayamanara^adharmam, ' similar to the Naradiya (Dharmaj-astra), because there the duties of kings were taught (by the conduct of the ruler) just as they are taught (in the law-book).'

2 For the details, see below, pp. cxxi-cxxiii.

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-smrzti existed. Among the persons thus quoted, he designates some by the terms Purva and iHra/zztana. 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. iHrawtana, '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-samhita, 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 Dharmajastras, the Brzhaspati-smrzti, 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 Smrzti the first place among all law- books, but that he explains, amplifies, and occasionally corrects its rules on various portions of the Vyavahara. The particulars from Manu which 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.

i

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 Brzhaspati's rules with respect to subsidiary sons a proves that he knew and accepted Manu's teaching on this subject. He declares that the substitutes for a legitimate son of the body are forbidden in the Kaliyuga, and yet admits the rights of a Putrika or appointed daughter, who mostly is reckoned among the substitutes. This difficulty is easily solved, if it is borne in mind that Manu, differing from the other ancient law-books, does not reckon the Putrika among the subsidiary sons. He separates her, IX, 127-140, from the Gau;za Putras, IX, 158-181, and strongly insists on her rights, while he restricts those of the others very much. The list of instances where Brzhaspati 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 Brzhaspati's work is throughout a revised and enlarged edition of the Bhrzgu- sa;/zhita, 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 Brmaspati agrees with and gives some weight to the tradition preserved in the Skanda-pura/za, according to which Brzhaspati composed the third of the four versions of Manu's Dharma.rastra. The age of the Brzhaspati-smrz'ti

1 See also above, p. xciv.

2 Jolly, Tagore Lectures, p. 158.

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-smrzti dates only about 600 A.D., its statements regarding the high authority of Manu's teaching show that our version of the latter must have preceded it by many centuries.

The three points just discussed are, in my opinion, the only ones that are really useful for fixing the lower date of our Manu-smrz'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 Dharmai-astra,the Katyayana-smrzti,which probably belongs to the same period as the Brzhaspati-smrzti, repeatedly quotes doctrines of Manu or Bhrz'gu found in our text, it is nevertheless not permissible to assume confidently with Kulluka on Manu VIII, 3501, that its author knew and explained our text. For, as Professor Jolly has shown2, there are other cases in which the teaching attributed by Katyayana to Bhrzgu 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-smrz'tis or Bhrzgu-smrztis, 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 3 that the author of the Bhavishya-pura/za has largely drawn on the first three chapters of our Manu, whom he also names, and nobody who carefully compares the two

2 Tagore Lectures, p. 62, 11. 22 and 24, Br/haspati has been printed twice by mistake for Katyayana.

3 Professor Aufrecht's Gatal. Sansk. MSS. Bodl. Libr. p. 30.

INTRODUCTION. CXI

texts can have any doubt who the borrower is, as the Purazza regularly substitutes easy readings for difficult ones, and adds numerous explanatory verses. Besides, Naraya/za, as well as Kulluka1, quotes verses of the Bhavi- shya-purazza from a section on penances not found in the accessible MSS., which likewise are clearly intended to explain the text of our Sa/zzhita. All this is however useless, as for the present it is impossible to determine the date of the Purazza even approximatively. Professor H. H. Wilson2, 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 discovery3 that the Matsya-purazza, which mentions a Bhavishya-purazza 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-purazza was considered a canonical work about the year 1000 A. D., and used by Albiruni for his work on India4. Though it, therefore, becomes probable that the Bhavishya-purazza 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-smz'zti. Equally unsatisfactory are the results which an examina- tion of the quotations from the Manu-smrz'ti, found in various Sanskrit works, yields us. Perfectly indisputable quotations are not very common, and they occur mostly in works of comparatively recent date, e. g. in the Ya^astilaka of the Digambara-Gaina poet Somadeva, 959 A. D.5, in vSankaraMrya's 5arirakabhashya, 804 A. D.6, and in Kshi-

1 See e. g. his remarks on Manu XI, 101, and Narayawa's on XI, 131.

2 Vishwu-purawa, vol. i, pp. lxii-lxiv, and Reinaud, Memoire sur l'lnde, p. 396.

3 Catalogue, p. 43.

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

5 See Professor Peterson's Report on the Search for Sanskrit MSS., 1883-84, pp. 42-43.

6 Deussen, Vedanta, p. 36. With respect to the date of .Sankara^arya'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^ervara .Sastri, with whom I discussed the passages which he adduces in the Aryavidyasudhakara, p. 226, the sampra-

CX11 LAWS OF MANU.

rasvamin's Amarakoshodgha/ana1. Other cases, where we find verses from the Manu-sa^hita 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 line2, in the 5abara- bhashya on Mim. Su. VI, 1, 12. Though the exact date of the latter work is uncertain, we know that it preceded Kumarilabha^a's Tantravarttika, and its style, which closely resembles that of Pata/^ali's Mahabhashya, makes it probable that its author lived not much later than the beginning of our era. Hence its testimony would be of the greatest interest, provided it were perfectly clear. Un- fortunately the Bhashya introduces the verse merely by the words evam ka. smarati, ' and thus he records or states in the Smrz'ti,' without specifying the author. As the doctrine of the verse which declares a wife, a son, and a slave to be incapable of holding and acquiring property is found, though expressed differently, also in the Narada- smrzti, Vivadapada V, 39, it may be that 5abara took the passage from some other work than the Manu-smrzti. Again, though Pata#£"ali in the Vyakara^amahabhashya on Pa/zini VI, 1, 84 adduces Manu II, 120 without any variant3, it would be extremely hazardous to conclude that he quotes from our text of Manu. For the Mahabharata (XIII, 104, 64b-65a) has exactly the same words.

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

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 Karmir (779-813 a. D.), seems, according to the latest researches, more recent.

2 See the edition in the Bibl. Ind. vol. i, p. 611: HT^T ^T^3 $^3f fMNi: Sf% T& ^ I *!W mf\FrafVfr X^ ^ ffSJ tT^R^ ll At the end of the first line Manu has "^1 T^T>RT: ^RiTT: II

3 See vol. iii, p. 58 of Professor Kielhorn's edition. I may add that the same work on Pacini II, 3, 35 (vol. i, p. 457, Kielhorn) quotes another verse, the first line of which agrees with Manu IV, 151% while the second entirely differs. In this case, too, the Mahabharata XIII, 104, 82 has a version closely resembling that of Manu.

I

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 Kiratar^-uniya of Bharavi, a poet, whose fame on the evidence of the Aihole inscription was well established in 634 A. D., and who, therefore, cannot possibly have lived later than in the beginning of the sixth century, but may be considerably older. He makes (Kir. I, 9) Yudhish/^ira's spy say, ' He (Duryodhana), conquering the six (internal) foes, desiring to enter on the path, taught by Manu, that is difficult to tread, and casting off (all) sloth, since by day and by night he adheres to the (prescribed) division (of the royal duties), shows increased manly energy in accordance with the Niti.' At first sight it might seem as if this passage contained nothing more than an expression of the ancient belief according to which Manu settled the duties of mankind, and among them also those of kings. But if we keep in mind the inferences made unavoidable by Medhatithi's statements regarding the ancient commentaries and by the character of the Brzhaspati-smr/ti, it becomes more probable that Bharavi alludes to the seventh chapter of Bhrzgu's version of the Manu-smrzti, 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 ago1. The oldest of them is dated Sa;/zvat 207, i. e. not later than 526 A. D.2 There it is said in the description

1 See West and Buhler, Digest, p. 46, and for the inscriptions, Indian Antiquary, vols, iv, p. 104; v, 28 ; vi, 11 ; vii, 67, 69, 71 : viii, 302. For other passages, see Hopkins, Journal of the American Oriental Society, vol. xi, pp. 243-246.

2 This is on the supposition that the era of the Valabhi plates began in 319 A. D., the latest date ever assigned to it.

[25] h

CX1V LAWS OF MANU.

of Dronasi^ha, the first Maharaja of Valabhi and the immediate predecessor of Dhruvasena I, that ' like Dharma- ra^-a (Yudhish//zira) 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 Dronasiz/ma's times various law-books existed, one and the chief of which was attributed. But, considering what we know from other sources, it is not improbable that it refers to our Sawhita, which is acknowledged by Brzhaspati as the paramount authority. This is all I am able to bring forward in order to fix the lower limit of the Manu-smrzti. 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-smrztl can go back to a higher antiquity, and how much older it may be, we have at present very scant data. Its pos- teriority to the twelfth and thirteenth Parvans of the Maha- bharata teaches us, as already stated, nothing definite. But there is a passage in its tenth chapter, w. 43-44, which has been frequently supposed to convey, and probably does contain, a hint regarding its lower limit. There the Kam- hoga.s, Yavanas, 5akas, and Pahlavas are enumerated among the races which, originally of Kshatriya descent, were degraded to the condition of 5udras in consequence of their neglect of the Brahma^as1. As the Yavanas are named together with the Kambo^as or Kabulis exactly in the same manner as in the edicts of A^oka 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 5akas 3 or Scythians, would

1 The verse contains also the name of the ./Tinas, which formerly has been taken to be valuable as a chronological landmark. More modern researches have proved this view to be untenable ; see A. von Gutschmid, Journal of the German Or. Soc. vol. xxxiv, pp. 202-208 ; Max Miiller, India, what can it teach us? p. 131 ; Rig-veda, vol. iv, p. li.

2 See e. g. the fifth rock-edict, where the Yona-Kawbo^a-Gawdhara or Gam- dhala are mentioned as Axoka's neighbours, the most distant being placed first.

3 The earliest mention of the 6akas probably occurs in a Varttika of Katya- yana on Paw.VI, 1, 94, where jakandhu is explained by .raka + andhu. According to the traditional explanation the compound means ' the well of the .Saka king.

INTRODUCTION. CXV

indicate that the 51okas 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 Noldeke1, 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 Parthians2. 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 Kanerki3, 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-smrzti would fall together with its lower one. But, with all due deference to the weight of Professor Noldeke's name, I must confess that it appears to me very hazardous. For, first, the foundations of his theory are very narrow : secondly, one of his own facts is not quite in harmony with his assertions. However late we may place Kanishka, he cannot be later than the last quarter of the first century A. D. Kanishka was not a Parthian, and his coins probably were struck in the North of India. Hence it would appear that Iranian word-forms with the softening 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 4, which was incised shortly before the year 73 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

1 Weber, History of Indian Literature, pp. 187-8, note 201*.

3 Olshausen, Parthava und Pahlav, Mada und Mah (Monatsberichte der Berliner Akademie, 1877), and Noldeke, Journal of the German Oriental Society, vol. xxxi, p. 557.

3 Sallet, Die Nachfalger Alexanders des Gr. p. 197.

• Ind. Ant. vol. vii, p. 261. Rudradaman's lieutenant at Girnar was the Pahlava Kulaipa (Khoraib ?), son of Suvirakha.

h 2

CXV1 LAWS OF MANU.

the so-called Vikramasawvat or, more correctly, the Sa^zvat of the Malaveyas, the lords of Malava, which began in $J B. C. Rudradaman's inscription consequently dates from the year 21-22 A.D., and it is thus certain that the word Pahlava was used in India at the beginning of the first century A.D. These circumstances make it impossible to accept Professor Noldeke's inferences from the occurrence of the softened Iranian forms. But the mere mention of the Pahlavas would show that Manu's verse cannot have been composed before the beginning of the first century B.C. The Parthian dynasty of the Arsacides was founded in the middle of the third century B. c, and its sixth ruler, Mithradates I, according to some classical authors, invaded India about the middle of the second century 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 2. 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 3, there is yet a circumstance which raises a suspicion against the latter reading. Parallel passages, closely resembling Manu's two verses, are found in the Mahabharata XIII, 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, Indische Alterthumsltunde, II2, 334.

2 Sallet, Die Nachfalger Alexanders des Gr. pp. 51, 156-157.

3 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 Devanagari la and na. Govinda's var. lect. Pallava is improbable, because the other races mentioned in the second line of verse 44 all belong to the North of India, while the Pallavas are, as far as we know, confined to the South.

INTRODUCTION. CXVU

in exactly the same or similar words. Both passages name the Yavanas, and one also the 6akas. 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 ~Pandits 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, Kambq^as, and 5akas, 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 Bhrtgu Sa/^hita, according to which it certainly existed in the second century A. D., and seems to have been composed between that date and the second century B. c, agrees very closely with the views of Professor Cowell l 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 century3, apparently because a passage quoted from VWddha Manu, which he takes to be a predecessor of our Sa;?/hita, mentions the twelve signs of the zodiac. I do not think that it has been proved that every work which enumerates the raj-is must be later than the period when Ptolemy's astronomy and astrology were introduced into India. But irrespective of this objection, Professor Max Miiller's opinion seems to me untenable, because, according to Professor Jolly's and my own researches4, the VWddha or Brzhat Manu, quoted in the digests and commentaries, is not earlier, but later than Bhrzgu's Sa//zhita. Whatever may be thought

1 Elphinstone, History of India, p. 249 (edition of 1874).

2 History of India, vol. ii, p. 422.

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

CXV111 LAWS OF MANU.

of the details of my inferences and conclusions, I believe that the rudimentary state of the legal theories in our Sa;/mita, as compared with Ya^-;?avalkya and Narada (fourth or fifth century A. D.), the fact that the Brzhaspati-smrzti 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^vm-Naraya^a, Kullukabha//a, Raghavananda, and NandanaMrya, as well as an anonymous 71ppa#a, contained in a Ka^mir MS. of the Manu-sa^hita, are the sources on which I have chiefly relied. Among the earlier translations, Sir William Jones' famous versio princeps and Professor J. Jolly's annotated German translation1 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 Kskra.- varti (Afuckerbutty) 2, and the Mara/^i translation of £anar- dan Vasudev Gur^ar 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-smrzti the oldest extant is the voluminous Manubhashya of Bha#a

1 Published in the Zeitschrift flir vergleichende Rechtswissenschaft, vol. iii.

2 I have used the copy of the India Office Library, 19-27, 17. The name of the author is given by Professor Goldstucker, On the Deficiencies, &c, p. 5, note.

3 Published with the text of Manu, at the Nimayasagar Press, Bombay, 1877.

INTRODUCTION. CX1X

Medhatithi, the son of Bha#a Virasvamin. As its title, bhashya, indicates, it is not a gloss which paraphrases every word of the text. Its aim is to show the general sense of Manu's dicta, to elucidate all really difficult passages, and to settle all doubtful points by a full discussion of the various possible interpretations, and of the opinions ad- vanced by others. In carrying out this plan Medhatithi displays a great amount of learning and not inconsiderable ability. He carefully uses a number of more ancient com- mentaries on Manu, and shows a full acquaintance with the •Sastras requisite for the successful explanation of his text, with Vedic literature, grammar, Mima;//sa, the Dharma- sutras 1 and other Smrztis, Vedanta, and the Mahabharata. At the same time he avoids the common fault of Sanskrit commentators, — an undue copiousness in quotations which bear only remotely on the subject under consideration. Moreover, he frequently enhances the value of his explana- tions by illustrating Manu's rules by instances taken from every-day life, a point which most Hindu writers on law and on kindred subjects entirely neglect. Finally, he fre- quently takes up a much more independent position towards his author than the other commentators dare to assume. Thus he does not shrink from declaring that many verses are arthavadas, without legal force, and that many single words have been inserted merely vrzttapu- ra/zartham, '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, Baudhayana, Apastamba, and VasishMa, as well as some other lost works, in particular. Among the lost Dharma-sutras which he used, is a Katyayaniya-sutra, quoted on Manu VIII, 215, which seems to have treated the civil law in detail, and pro- bably is the original of the metrical Katyayana-snWti, from which the digests give so numerous extracts.

2 See the concluding verses of Kulluka'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 Kulluka.

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 1, 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 iTirawtanas, 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 V In another case, when explaining Manu IX, 141 and 147, he notes that his interpretation is that of upadhyaya, i. e. of his own teacher from whom he learnt the Manu-sawhita. Disagreeable as this want of decision may be to those who look to a commentary for a concise and authoritative explanation of its text, yet it is not without advantages. His copiousness in quoting the opinions of his predecessors makes his work extremely important for the student of the history of the Manu-smrzti 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, Medhatithi gives only once the name of an earlier commentator, Manu IX, 253, ^T^T TT^rft

mPjW^ra: *t atr^ns ^fa re (?) [v.i. -^k (?>] ftnjprTitf i

1^ cT^ ff^fshnTOWIfJJI The name seems to be Vishmisvamin. But it is uncertain what the corrupt word, preceding it, may hide.

2 inj Tn^^TT^TTTT WFmf S^ftnTOTftrcftl ^rfSff^ U Compare also the remark on Manu V, 128, IHf fq^fT%^T^Ilff*^ U

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^/Iancsvara's reference to his explanation of Manu IX, 1181. Vigvl&ne- .rvara wrote his commentary on Ya^;?avalkya in the reign of the iifalukya king, Vikramaditya VI, who ruled at Kalya;/a from vSakasawvat 997-1048, or 1073-1 126-7 A.D.2 The manner in which Vi^/vane^vara's reference is made, shows that in his times the Bhashya possessed an established repu- tation. Hence it may be inferred that it was then not of recent date. To the same conclusion points also a passage in Kulluka's commentary on Manu VIII, 184 3, where, in a remark on the arrangement of verses 1 81-184, Medhatithi's name is placed before that of Bhq^ara^a. As in enu- merating their predecessors the commentators usually adhere to the natural order, and place the oldest name first, it is very probable that Kulluka means to indicate that Medhatithi preceded Bhq^ara^a. If, as again is most likely, the latter is identical with the royal polyhistor who reigned at Dhara during the first half of the eleventh century A. D., it follows that Medhatithi cannot have written later than in the tenth century. With respect to the remoter limit for the composition of the Bhashya, I have formerly stated4 that Medhatithi quotes Kumarila and .SankaraMrya, the great authorities on Mima/zzsa and Vedanta. The former is mentioned by name in the remarks on Manu I, 3, and by his usual title Bha//apada/*,

1 Colebrooke, Mit. I, 7, 13.

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

fafWfajcT: II See also Jolly, Tagore Lectures, p. 8.

4 West and Biihler, Digest, p. v, first edition.

CXX11 LAWS OF MANU.

{the venerable Bha//a,' in the commentary on Manu II, 18 1. As regards vSankara/£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/za MS., makes Medhatithi quote the vSarirakabhashya, the older and better MSS. of the India Office read vSariraka, which probably implies a reference to the 5ariraka-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 5ankara- £arya 3, 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^avalkya, Narada, and Para^ara, as well as the version of the Kanaka Dharma-sutra, known as the Vish?zu-smrzti, and considers all as canonical. None of these works has, however, a claim to a high antiquity ; and the Vish/zu-smrzti, 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, ^fa f mftaroi: 11 11, 18, t# ^ *s^: i f^^^T ^ fajfftn ^ ^et^t ^^w [tut?] 1 wfir^ ^fmjc5T srraT [wwri] ^m [m]

2 Manu XII, 19, ^ ^ V^TO^xffrfw Sfa fW^ [r*] $^R

^*nr ( irt ^fif sntfc^ [v. 1. of my ms. ^TtfwrTO] ^^ *Tirr

^f^TrT II

3 See Professor Cowell's note to Colebrooke's Essays, I, p. 323.

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

INTRODUCTION. CXXlil

If Medhatithi, nevertheless, considers it to be an inspired work, revealed by the god Vishnu, it is only reasonable to assume that a very considerable interval lies between the date of its composition and his own times. This is so much more probable, as the Vish/m-smrz'ti was probably written in Ka^mir, 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 Vakyapradipa by one — rimLsra^an Abhidhanakosha 2, Pin- gala's treatise on metrics 3, a work of the ancient writer on Sa//zkhya, 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 Smrztiviveka. Secondly, it appears that the valley of Ka^mir, which has produced so many Indian men of letters, was his native country. The Smn'ti- viveka is mentioned repeatedly in the Bhashya as a com- prehensive work, in which difficult legal questions were fully discussed 4. 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 Kajmir, its laws, its Vedic vSakha, and even to its language, that the inference that it was his native country becomes unavoidable. Thus in explaining the word svarash/re, ' in his own kingdom' (Manu VII, 32), and the term ^anapada//, { country or province ' (Manu VIII, 41), he .introduces the

1 Manu XII, 118, X?mT0T^*r^i3JlfWTn^^rSn^ ?JTff^r: HflTCW"

Professor Kielhorn informs me that the verse does not occur in Hari's Vakyapa- diya, which sometimes is called Vakyapradipa.

2 Manu IX, 185-6 ; the words quoted are, ^PTTSr VrTfcrsnT II

3 Manu IX, 42, ipzNi ftrj^T I ^HTT^f^ |Y] Tl^fa H Pingala VIII, 1 ; see Weber, Indische Studien, VIII, 147.

• See e.g. comm. on II, 6, ftTJpnW^r WfTOfiPTOTfai ^jfwfe^i I and

ibidem, f^lf^lft^RTfw^^ I fWT3$ ^jfwf^Ri ^^Tt II

CXX1V LAWS OF MANU.

name of Ka^mir 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 Ka^mir. Further, he repeatedly refers to the Kanaka .Sakha of the Black Ya^ur-veda, which for a long time has been confined to Ka^mir alone ; and, when trying to prove in the notes on Manu I, 58, that the Manava Dharma^astra may be called Manu's, though it was first taught by Hira;zyagarbha, he adduces as an analogous instance the Kanaka, which, though studied and taught by many others, is named after Ka//za. 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 Ka.rmir vina/£/zaya 2.

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 vSardula- vikri^ita measure, found in a number of copies at the end of a good many chapters, which says that ' the Bhashya being mutilated, prince Madanapala, the son of Sahara^a, brought a MS. from another country and made a ^trnod- dhara, or restoration of the ruin, by causing copies to be taken from that V Considering the wording of the verse,

1 VII, 22, ft^fqfnH^Tf^HTTTWt^ 3*TK^jj: I 3RT$*ft^^? ^*ft-

u: it^t<rt Ntct: ii viii, 4i, f ^fifT^ifajf^ftrw^i#- 2 V&T srcvgfti^acnifTr *n sF^ifftj ^wn n 1 must note that

Professor Jolly, Tagore Lectures, p. 6, offers a different opinion, and takes Medhatithi to be a southerner. His reasons — the termination svamin in the name of Medhatithi's father's name, Virasvamin, and the attention paid by the ancient southern authors to the Bhashya — do not seem to me sufficiently strong. For, as the Kajmirian name Kshirasvamin and scores of Svamins in the northern inscriptions show, the title was, at least, formerly not confined to the south. Further, the intercourse between Kajmir and southern India in the time of Bilhawa and of Harshadeva accounts for the introduction of a Kaj- mirian work to the notice of the southern Pandits.

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

INTRODUCTION. CXXV

I can only agree with Professor Jolly (loc. cit.) that Mada- napala did not cause portions of the Bhashya to be recom- posed, but merely completed the defective MS. of his library from a copy purchased in some other part of India. The place where this ^ir/zoddhara was made, was Kash/M, near Delhi. For as the verse says that Madana was the son of Sahara/za, it is not doubtful that this person is identical with Madana or Madanapala, the patron of Vi^ve^varabha//a, who wrote the Subodhini on the Mita- kshara and the Prayoga- or Madanapari^ata. Vi^ve^vara gives, in the introduction to the latter work, a portion of his patron's genealogy 1, and states that Madana belonged to the family of the chiefs of Kash/Zza, and was the second son of one Sadhara/za. It is easy to see that in the verse quoted above the Prakritic form Sahara?za has been used instead of Sadhara^a for metrical reasons. This Madana has been identified by Mr. Colebrooke with the homonymous author of the Madanavinoda, which is dated in Vikrama- sawvat 1431 or 1375 A.D., and Mr. Sarvadhikari2 confirms this identification, by telling us that the Madanavinoda contains the same pedigree of Madana as the Pari^ata. Hence " the restoration ' of the Bhashya must have occurred about five hundred years ago.

more or less correctly given, in seven old MSS. from various parts of India. In my opinion it should be read as follows : TT^TT ^iffa TgwfiT^rgfqrfT

VRtfl II I differ from Professor Jolly at the end of the second pada, where he reads with a Benares MS. TTTB? «T ^rtjW'1*^ and at the end of the third pada, where he changes the reading of the MSS. -su^ ri or ^rTg"rU to ^TTa KJ.

1 Aufrecht, Cat. Sansk. MSS. of the Bodleian Library, p. 274.

8 Tagore Lectures of 1880, p. 389. Mr. Sarvadhikari wishes to read the date brahma(i)^agat (3) yuga (4) indu (1), (Magha sudi 6, Monday,) as 1231. He thinks that yuga may also denote the figure 2, and that the reading Vikrama- sawvat 1 231 is necessary, because the Pari^ata is quoted by Randzsvaxa., who wrote in the thirteenth century. He is, however, mistaken, as the astronomical calculation shows that Magha sudi 6 of Vikramasawvat 1431 did fall on a Monday (Jan. 8, 1375), while the same day in V. S. 1231 was a Thursday. The Pario-ata quoted by Jia.ndesYa.ra. must, therefore, be some other work on law. The title is a not uncommon one.

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-smrzti 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, HH, 155^-^55^ 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. 1 551-1552, which is dated Sawvat 1648, margaj-irsha 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,

I

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

INTRODUCTION. CXXV11

the son of Bhaz7a 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 Smrztis, not a single work on law except his own Smrzti-ma/^ari or Smnti-ma/^aripa/^ika, a compila- tion of rules on penances1, derived from various Dhar- ma^astras. The remoter limit of his age can, however, be deduced from Kulluka's remarks on Manu VIII, 184, whence it appears that Govindara^a was later than Bho^a of Dhara (first half of the eleventh century). The lower limit is fixed by the mention of his name in ^imutavahana's Dayabhaga2 and in >Sulapa/zi's work on penances3. I can only agree with Professor Jolly, who thinks that he lived in the twelfth or thirteenth century4. 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 BhazVa can only be a Brahma/za, and it must not be forgotten that Govindara£*a is the equivalent of Govindrao, a name very common among the Manila Brahmazzas.

The Manu/ika is a very concise, but by no means obscure 5

1 Commentary on Manu III, 247 and 248 ; see also Kulluka on Manu IV, 212. A copy of this work, written at Vasuravi in Sawvat 1467, arvina badi — janau, during the reign of Maharawa Udayasi/zzha, 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 Maharaja Udayasiwha of Mevju/, who ascended the throne in 1541 a. d. Hence the date of the MS. refers to the 6aka era, and corresponds to 1 545 A. D. The Smrz'ti-ma^ari contains no quotations from other law-books than Smrz'tis. The name of Govindara^a's father, Bha//a Madhava, occurs frequently in the colophons of the several sections.

2 Colebrooke, Day. XI, 2, 31, where Govinda's name is also placed after Bho^ara^a's.

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

• Jolly, Tagore Lectures, p. 9.

5 'Obscure' is the epithet applied to it by SirW. Jones, Pref.tothe transl.ofManu, p. xvii. (St. Grady). This estimate is probably derived from Kulluka' s utterance in the concluding verses of his commentary, *Rn3i "^^ f«TJ([<3 H <24T^«TTsnfa- r<TTft ^T^TT. It is only what might be expected from a plagiary who bitterly hated the man whose work he wished to supersede.

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 Kulluka 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 Manu/ika. It re- mains not only the earliest, but the best complete explana- tion of Manu's text. It frequently assists the student to find his way through the tangled forest of the Bhashya, and it contains many valuable interpretations of words left unexplained by Medhatithi. The MS. used for the notes is the unique copy, acquired by myself for the Government of Bombay (Deccan College Library, Coll. of 1 879-1 880, 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^a-Naraya/za's Manvarthavivrzti or Manvar- thanibandha, is fixed, as Professor Jolly has first pointed out, by a passage in the introduction to Raghavananda's

INTRODUCTION. CXxix

commentary1. The latter author says there that ■ he has taken cognisance of (the opinions) approved by Kulluka and Naraya^a, 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 Naraya/za quotes Govindara^a on Manu VIII, 123. In order to fix the date when Naraya^a 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 3. But a Namani- dhana by Naraya/za Sarva^a is mentioned by Rayamuku/a in his commentary on the Amarakosha, which was com- posed in 143 1 A.D.4 The only MS. of the Manvarthavi- vrtti5 hitherto found (Deccan College Collection of 1879- 1880, No. 238) bears at the end of Adhyaya VIII, the date Saw. 1544 £aitra badi 9 ravau, which corresponds to Sunday, March 27, 1497 A.D. Hence it follows that Naraya/za cannot have written later than in the last half of the fourteenth century. Possibly he may be somewhat older.

The Manvarthavivrzti 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. Burnett's Tanjore Catalogue, p. 126.

3 This manner of enumerating a series of persons or of arguments is also found occasionally in older Sanskrit works ; see e. g. Vasish/^a XIII, 58.

3 Aufrecht, Catalogue Sansk. MSS. Bodl. Libr. p. 279.

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

5 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. 192-3 have been lost.

[25] i

CXXX LAWS OF MANU.

I, VI, and VIII we find a verse, apparently belonging to Naraya/za, which says,' This commentary of the Manu-smnti, composed by the illustrious Naraya/za Sarva£"«a, 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£v?a, which propound the real meaning of Manu and repel the exposi- tion given in contemptible compilations2.' As might be expected from these utterances, Naraya/za 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. Narayawa 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, $6, 80, 104, XI, 72, he also wrote two other works on Dharma, a Kamadhenudipika and a 5uddhidipika. His Kosha has been mentioned above. Commentaries of his on parts of the Mahabharata, e. g. on the Udyogaparvan, on the Svargaroha^aparvan 3, and on the Sanatsu^-atiya, are still extant 4.

^?TW It Thus at the end of chapter I ; in the other two passages the MS. has the faulty form f*RF^.

JSW^WfW II Three other boastful verses occur at the end, 1. of chapter

in, ^t^m^cra%^^%#^KT^n: 1 sgwfTrftrcT^ [t] ^fVm^iT ^nr: 11 2. of chapter v, ^rtaTcurcra^fcrWirf i^t *rafl^ 1 v^s?

ftfW WrT *T^TCrcjf»Tf53fP^ II 3. of chapter IX, ^ffaTTUTOSWNi

*^ntf>T5rwra[ \ wtez vW ftct i|H ^[ftr]w *re cfrr [m] f wf{ u

3 Weber, Berlin Catalogue, Nos. 394, 399; Aufrecht, Catalogue, Bodl. Libr. p. 2.

4 Telang, Sacred Books of the East, vol. viii, p. 148.

INTRODUCTION. CXXX1

The fourth work on our list, the well-known Manvartha- muktavali of Kullukabha^a, the son of Divakarabha^/a, was considered until lately the most trustworthy guide for the exposition of Manu. In the introductory verses to his commentary Kulluka informs us that he was a Gau</a or Bengali by birth, his father residing in Nandana in Va- rendrt1, and that he wrote his work at Benares with the assistance of other Vandits. As regards his times, we only know that Naraya^a Sarva^a and another commentator, Dharamdhara 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 3. He, therefore, lived probably in the fifteenth century.

The Manvarthamuktavali is, as Professor Jolly has been the first to recognise 4, 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 Manu/ika, 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 Ta.ndits draw their supplies of books. For the notes I

1 In the colophon of chapter XII, the place is called Varendranandana. The district of Varendra lies between Dinajpur and the Ganges, Cunningham, Arch. Reports, XV, Plate i, and p. 40.

2 See concluding verses at the end of chapter XII.

3 Aufrecht, loc. cit. p. 292.

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

1 2

CXXX11 LAWS OF MANU.

have used no MSS. of the Muktavali ; but two editions, (^ibanand's reprint of the earlier Calcutta edition * and the Bombay lithographed edition of 6akasa^vat 1780. The latter is by far the better one, but leaves, like all other editions which I have seen, much to desire from a critical point of view. There are a good many passages in which the text does not agree with the commentary.

On the Manvarthamuktavali rests the Manvartha^an- drika, written by Raghavananda Sarasvati, an ascetic of •Sankard^arya's school2, and a pupil of one VLrveyvara- bhagavatpada. Though the author asserts, as stated above, that he used four older commentaries, he mostly adheres to Kulluka's opinions. It is only rarely that he prefers Nara- ya/za's interpretations or recurs to views of Govindara^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 Vedanta doctrines of his school. The ^Tandrika 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., Nar., Ragh., of the Ka^mir copy and other MSS.

2 According to H. H. Wilson, Works, I, pp. 202-3 (ed. Rost), the ascetics, bearing the title Sarasvati, follow the sawpradaya of i'ankaraiarya. See also Aufrecht, Catalogue Sansk. MSS. Bodl. Libr. p. 227.

8 Mr. Loiseleur Deslongchamps' attempt (Lois de Manou, p. xvi) to identify Raghavananda with Raghunandana, the bhatfaHrya of the sixteenth century, is an unlucky guess. It seems to me that the author of the Aandrika is identical with the ascetic Raghavananda, pupil of Advayananda, pupil of VLrvervara, who is mentioned as an author on Sawkhya and Vedanta philosophy by Dr. F. E Hall, Catalogue, pp. 6, 91, &c.

INTRODUCTION. CXXXlil

calculation, to Monday, November 29, 1649. Another old MS. of about the same date is mentioned by Dr. Bur- nell, Tanjore Catalogue, p. 126. For the notes I have used the Paris MS., which was kindly lent to me by the French Government, as far as Manu IX, 187. It contains both the commentary and the text, the former being, however, left out on I, 45-78. For the remaining portion I have con- sulted a very old, but much damaged copy of the Deccan College Collection of 1 882-1883, 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 (Nandana^arya according to Dr. Burnell), the son of Lakshma^a, a member of the Bharadva^a gotra, and the dear friend of the illus- trious Viramalla1. In all probability he was a native of Southern India. For his work is, as far as I am aware, known in Southern India alone; its MSS. are met with only in the Madras Presidency, and Professor Jolly (loc. cit., p. 12) has found that many of his peculiar readings agree with those found in Southern MSS. of the Manu-smrzti. 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 5akasawvat 1724, Magna sudi pratipad, or 1803 A. D. The Manuvyakhyana is a very short commentary, which mostly repeats and explains only a few words or phrases of the text. It dismisses many verses which stand in need of elucidation with the curt remark spash/a^, 'clear,' and

1 The colophon of chapter XII runs as follows : yfif ^HT^1'T*fTTt"^'TTJ

JJJlfl3iTlf Sfff^rfT^rf ^T^ffaflTO: II Viramalla was probably a prince or chief, and the mention of his name will eventually aid to ascertain Nandana's time. A third variety of the latter's name occurs in the Madras edition of Cole- brooke's Digest, p. xv, note 6, where the editor speaks of a commentary on Manu, Nandara^krit (?) by Nandar%a.

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- vivrzti. The notes to the translation show a considerable number of cases where 'Nar. and Nand.' form a separate group, and on important points advocate opinions opposed to those of Medhatithi, Govinda, and Kulluka. But there are also other passages, concerning which Nandana agrees either with Medhatithi alone, or with ' others,' quoted by Medhatithi, with Kulluka or even with Govinda. Finally, he offers in a certain number of cases expositions not traceable elsewhere, some of which, especially those on the philosophical pieces, deserve attention. The text which Nandana follows, differs not inconsiderably from the vulgata. It shows, besides very numerous, more or less important variae lectiones, some omissions, additions, and transpositions of entire verses. Many of Nandana's various readings are derived from Medhatithi, Naraya^a, and other older commentators, who either themselves follow them or at least mention their existence. As regards those which Nandana alone offers, the majority seem to be either cor- ruptelae or conjectures, and sometimes very unlucky ones1. The transpositions, which partly occur in passages regarding the order of which the other commentators agree, appear to have sometimes at least no better authority than guesses made by Nandana. Thus if he places Manu I, 27 after verse 19, and X, 14 after verse 6, and adds in each case that, ' if some read the verses further on, that must be due to an error of the copyists,' I can only see in this remark a

1 To the first class belongs ^Tftnfh for ^rftprfl": M. Ill, 114, the sense- less ^TR^ for o&TJU^ M. VIII, 154 (not given in the notes), ^T«T^ for NNW^'H IX' 2°2> and so forth » t0 the second> $K$WH»JJ'«fi for ^TT^frT *^ M. Ill, 5, qOHj°hT^ for qftftfin^ M. VII, 54, ■SMfvSJfi: for ^Wl M. VIII, 162, «TT%ohH(U for ^Tfde|i|4|i: M. VIII, 283 (not given in the notes),

^mntHfomnfa for mt^r wj m. ix, 126, ^nrff^ (ioc. sing, of

^•5^3" !) for Wt^RTlM. X, 28, and so forth.

INTRODUCTION. CXXXV

confession of his having done violence to the traditional text. The verses which Nandana adds are, I think, all interpolations, some of which perhaps go back to early times, as they occur also in the Southern MSS. and in the Ka^-mir copy. With respect to the omissions, Nandana sometimes follows one or several of the other commen- tators. In other cases he agrees with the Southern MSS. alone, and again in others he stands quite by himself. One of the omissions of the last class, Manu V, 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 Manuvyakhyana which European scholars have examined, Mr. Raghunathrao's and Dr. Burnell's (chapters VIII-IX, now in the India Office Library), differ very con- siderably. Thus in chapter VIII, Dr. Burnell's copy omits, according to Professor Jolly's collation1, verses 8, n, 14, 74, 81, 103, 227-238, 231, 332, while Mr. Raghunathrao's MS. has them all excepting verses 8, 228, and 231, and gives even notes on 11, 14, 81, 103, 227. These differences between the two copies seem to extend also to readings in Manu's text and to explanations. But it is not rarely difficult to give a definite opinion on these points, because Mr. Raghunathrao's MS. sometimes gives only the Pratikas of the verses, and is often so corrupt that the sense can be made out only by means of conjectural emendations.

Under these circumstances it will not be advisable to attach too much weight to variae lectiones, derived from the Manuvyakhyana, which are not supported by the authority of other commentaries.

The anonymous 71ppa//a, or collection of detached ex- planatory remarks, in the Ka^mir birch bark MS.2 is of very small importance. It looks as if it owed its origin to the marginal notes of some learned Tandit, which, later, were copied with the text and placed after the verses to

1 Compare also Professor Hopkins, Notes on the Nandini, Proceedings of the American Oriental Society, October, 1883, p. xviii, where, however, only verses 8, 11, 74, 81, and 332 are enumerated as missing.

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

CXXXV1 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 aftmbha, Manu V, 91) where the Ka^mir commentary agrees with curious explanations given by Nandana. The text also agrees occasionally with peculiar readings adopted by Nandana or by Naraya^a and Nandana2. But I should consider it hazardous to draw from these instances any conclusions regarding the sources of the Tippana. The Kajmir 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 Kulluka, 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 Kulluka's text, and that the numerous references in the translations of Hindu law-books point to the Manu of Kulluka, 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 found3. I have, moreover,

1 Tagore Lectures, p. 1 1 .

2 See e.g. notes on Manu I, 2; III, 59, 73, 195.

3 I may add that I have paid no attention to those verses which the medieval Nibandhas on law quote as Manu'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-

INTRODUCTION. CXXXVli

adhered to Kulluka'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.

05] k

CXXXV111 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 Smrztis. 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 vv. 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.

LAWS OF MANU

LAWS OF MANU.

Chapter I.

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

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

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

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., Nar., and Ragh.), or 'the Veda or the prescriptive rules (vidhi)

** I [25] B

LAWS OF MANU.

1,4-

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

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

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-brahmawa, especially XI, 1, 6, 1 seqq., and is probably founded on some Vedic work, 1 with an intermixture of more modern doctrines/ In explanation of the wording of verse 5, Medh. and Kull. point to passages like Rv. X, 129, 3, and Taittiriya-brahmawa II, 8, 9, 4. Sayawa, too, quotes the verse in his commentary on the latter passage.

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

1,6. THE CREATION.

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 tama^, ' darkness,' by mulaprakrzti-6, 'the root-evolvent' of the Sawkhya philosophy, and tamobhutam, ' in the shape of darkness,' by * absorbed in the root-evolvent.' Ragh., who throughout explains Manu's sayings in the sense of the Vedanta school, takes it for an equivalent of avidya, ' ignorance.' The explanation of the four adjectives, which express in different terms the impossibility of knowing the mula- prakrz'ti, differs very much in the six commentaries. The most reasonable appears to be Kulluka's view, who assumes that the four words refer to the impossibility of attaining a knowledge of the prakn'ti by the three means mentioned below, XII, 105, and 'by reasoning' (tarka). He paraphrases apra^Tiata, ' unperceived,' by 'imperceptible by the senses;' alakshawa, 'destitute of marks,' by ' uninferrible ;' avig-weya, ' unknowable,' by ' undefinable by words or authoritative statement.'

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

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

B 2

4

LAWS OF MANU.

1,7-

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

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

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

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

I, 10. THE CREATION. 5

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 sub ; in that (egg) he himself was born as Brahman, the progenitor of the whole world.

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

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

8. Besides the passages quoted under verse 5, compare also the Paura;/ik story of the mundane egg, Wilson, Visrmu-pura/za I, pp. 39-40 (ed. Hall). 'He' is according to Medh. and Ragh. 'Hira- rcyagarbha,' according to the other commentators, 'the supreme soul/ Medh. refers to Rig-veda X, 121, 1. According to Medh. (verse 11) those who understood the whole passage to refer to the unintelligent prakr/ti, explained abhidhyaya, 'with a thought,' to mean ' independently of all external action, just as a man performs an act merely by a thought.' They also asserted that the waters were produced as the first element only, but not before the great one and the other principles. Kull., on the other hand, sees in the expressions, used in this verse, the proof that Manu was an adherent of the non-dualistic Vedanta.

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

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

LAWS OF MANU.

£

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

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_£auly. and all

1 the waters are called nara^.' Nara is another name of the supreme soul.

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

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

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

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

1,15. THE CREATION.

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

principles of the Sa/rckhya system, the first three of which, Mahat, Ahawkara, and Manas, have been placed in an inverted order. Though Manu clearly states (verse 14) that the creator drew the Manas (which they take to mean the internal organ) from the atman (i. e. according to Medh. and Gov. ' from the Pradhana,' which is his own shape [tatpradhanad atmana^ svasvarupat, Medh.], or according to Gov., Kull., and Ragh. ' from the Paramat- man,' the supreme soul, or according to another explanation of Ragh. 'from himself [svasmat | ^fvasya bhogarthaw va]), that he drew the Aha/rckara, egoism, from the Manas, and that he after- wards created the mahantam atmanam, 'the great one, the soul;' (i. e. according to Medh. the Mahat which is called the soul because like the soul it is found in all bodies, or according to Kull. the Mahat which is called the soul because it is rroduced from the soul or is useful to the soul), yet they think that it must be understood that the Mahat was produced first, from it the Ahawkara, and from the latter the Manas. The next term sarvam triguwani, ' all the products modified by the three qualities,' they refer to all products or evolutes named and to be named hereafter. They are thus obliged to disregard the ^a,' and,' at the cad of verse 15 a, and Ragh. states distinctly that £a indicates there a stress to be laid on the preceding word (/fcakaro 'vadharawartha^). Finally, Gov., Kull., and Ragh. are of opinion that the third ka, 'and,' at the end of verse 15 3 indicates that the organs of action and the subtile elements have to be added in accordance with the doctrine of the Sa^khya, while Medh. holds that the subtile elements alone have to be understood.

Nand. and, to judge from the fragments of his commentary, Nar. also give a far different explanation. According to them the first created Manas is another name for the principle usually called Mahat. In proof of this assertion Nand. adduces a passage from a Pura;za, which Medh. quotes on verse 74, where Manas is given as a synonym of Mahat (see also Cowell, Sarvadanuna-sawgraha, p. 222, note 1). They farther take mahantam atmanam, 'the great one, the soul,' to denote the Manas or internal organ ([mahantam] k& mano nama tattvam atmanam atmano ^ivasya- va^Aedakatvad vyapade.ra/2, Ragh.). By the expression sarvam tri- gu;/ani Nand. seems to understand the subtile elements (tanmatra),

8 LAWS OF MANU.

.

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

and he too believes that the particle ka. at the end of verse 1 5 b shows that the organs of action have to be understood. The object of the two verses is, according to Nand., not to give an account of the actual order of creation, but to show that the material cause of all created beings consists of portions of the creator's body, of the Mahat, Aha^kara, the Manas, the Tanmatras, and the organs of sensation and action which belong to him; (anena dokadva- yenaitad ukta;;z bhavati | atmiyanam mahadaha^karamanastan- matra^anakarmendriyawam 2msVi sarvabhutopadanam iti H) It would seem that Nand. and Nar/s view, as regards the explana- tion of Manas (verse 14), is correct, but it may be doubted whether, with respect to the terms in verse 15, mahan atma and sarvam triguwani, they have been equally lucky. The explanation of the first four commentators seems altogether inadmissible. In conclusion, it may be stated that Nand. gives also the most acceptable explanation of the epithet of the Manas, sadasadatmakam, which, he says, means ' partaking of the nature of an evolvent and of an evolute ' (prakn'tivikrz'tyatmakam), and of lyvaram, 'lordly,' 'which causes all actions to be done' (sarva- karmapravartakam).

16. The translation follows Nand., Ragh., and Vi^wanabhikshu (Saz/zkhyasara, p. 19, ed. Hall), who agree that the verse derives the subtile or rudimentary bodies of individual beings from the subtile body of the creator, and the individual souls from his soul. They explain atmamatrasu by apari/£Minnasyaikasyatmana upa- dhiva^ad avayavavatpratiyamaneshu atmasu (Ragh.), svag-ivaiweshu (Nand.), and svawsa^etaneshu (Vign.). But they differ with respect to the meaning of ' the particles of those six/ ' Those six ' are, according to Ragh. and Vign., 'the six senses/ i.e. the five organs of sensation and the mind (which by implication indicate the whole subtile body, Vign.) ; according to Nand., the six classes of tattvas, which he believes to be mentioned in the preceding two verses, viz, (1) the great one, (2) egoism, (3) mind, (4) the subtile or rudi- mentary elements, (5, 6) the organs of sensation and action.

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

I, 17. THE CREATION.

17. Because those six (kinds of) minute particles, which form the (creator's) frame, enter (a-m) these (creatures), therefore the wise call his frame sarira, (the body.)

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

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

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

IO LAWS OF MANU. I, 18.

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

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

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

I, 20. THE CREATION. I I

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.

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

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. aGu. the great one ' or the Mahat to their previous enumeration, 'egoism and the five subtile elements/ while Nar. and Nand. add the 'portions of the Atman' (ver. 16) to those elements which they understand to be com- prised by ' the six.' That is, probably, the meaning of R&gh, also, who says, purusha^aw manaadipurushantanam saptsL/ , 'of the Purushas, i. e. of those seven, the first of which is the mind, and the last of which is the Purusha.' All the commentators agree that the term Purusha, 'male or spirit,' is applied to the principles in a metaphorical sense, but they give various reasons for the fact, 'because they are for the sake of the soul/ purusha (Medh.), or ' because they were produced by the Purusha, the Atman' (Kull.). Nar. understands 'and' with avyayat and says, 'and from the im- perishable, i.e. from Prakrni.' 'The perishable' designates, of course, 'the gross bodies.'

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

12 LAWS OF MANU.

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 ^god§, 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. 27 and to place this verse (20) after ver. 78.

22. The commentators differ very much regarding the explana- tion of this verse. Medh. proposes, ' And the Lord created (for the sake) of men who are intent on performing sacrificial rites (the multitude) of the gods, the subtile class of the Sadhyas and the eternal sacrifice/ ' Others' mentioned by him, Gov. and Kull, insert another 'and' between karmatmanam and pramnam, and explain, ' The Lord created the multitude of the gods whose nature is the sacrifice and of those endowed with life.' By the 'gods whose nature is the sacrifice' they understand the inanimate implements, used at sacrifices, but frequently addressed in the Veda as divine beings, while the gods endowed with life are said to be Indra, and so forth. Ragh., with whom Nar. seems to have agreed, says, 'And the Lord created among beings endowed with life the to us invisible multitude of the gods, who by the results of their actions have obtained their divine station, or who subsist on offerings.' None of these speculations is of much use. But it may be that karman means ' sacrificial rites,' and karmatmanam may be trans- lated by ' whose nature is the sacrifice/ or ' whose divinity depends on the performance of sacrifices/ Regarding the Sadhyas, see Wilson, Vish;m-pura«a II, p. 22 (ed. Hall).

I, 31. THE CREATION. 1 3

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. Ragh. explains the epithet 'perishable' by adding \ because they have been produced.' The commentators offer various explanations in order to account for the insertion of this verse which interrupts the continuity of the text. Medh. thinks that it is a r£sume\ Gov. and Kull. state that it is meant to remove the doubt, whether Brahman's mental creation was effected without the help of the ' principles,' and Nar. asserts that it is meant to teach that atoms are not eternal. Nand., as stated above, note on ver. 20, places the verse immediately after ver. 19.

31. Nar. explains lokavivrz'ddhyartham, 'for the sake of the

14 LAWS OF MANU,

worlds, he caused the Brdhma^a, the Kshatriya, the Vaisya, and the .Sudra to proceed from his mouth, his arms, his thighs, and his feet.

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

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

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. Marl/£i, Atri, Ahgiras, Pulastya, Pulaha, Kratu, Pra^etas, VasishMa, Bhrzgu, 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 lokarakshawasawvardhanartham, ' in order to protect the world by means of the castes and to make it prosperous/ Medh., Gov., and Kull., who interpret the compound by ' in order that (the inhabitants of) the worlds might multiply/ point to the benefits conferred by sacrifices of householders, III, 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, 12.

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

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

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. • the abodes of the gods ' (devasthanani). Ragh. gives also the meaning ' the servants of the gods/

I

I, 44. THE CREATION. 1 5

3 J. Yakshas (the servants of Kubera, the demons called) Rakshasas and Pi^a^as, Gandharvas (or musicians of the gods), Apsarases (the dancers of the gods), Asuras, (the snake-deities called) Nagas and Sarpas, (the bird-deities called) Supar/zas and the several classes of the manes,

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, PLsa^as, 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 jastrotpata.

1 6 LAWS OF MANU.

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 vr/ksha.

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., tarava^ instead of the sthavara^ of the editions, and translate it, as required by the context, by 'plants.'

47. My translation of ubhayata^, 'both/ is based on Gov.'s com- ment 'vriksha/i puna£ pushpaphalenobhayenapi yukta bhavanti/ with which Nar. and Nand. agree. The latter, however, proposes to read ' ubhayatha/

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

50. Bhuta, ' created beings/ means according to Gov. and Kull. kshetra^na, ' embodied souls/ According to Gov. and Nar. nityam, 'always/ must be construed with ghore, 'terrible/ Nar., however, considers nitye, 'in this eternal/ to be a better reading, which Nand. also gives.

1,55- THE CREATION. 1 7

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

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. .Sarirmah, 'corporeal beings/ means according to Medh., Gov., and Kull. 'embodied souls/ Karmatmana^, 'whose nature is action/ i.e. who are endowed with actions (Nand., Nar.), means according to Medh., Gov., and Kull. ' who in consequence of their actions became incorporate/

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

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

1 8 LAWS OF MANU. I, 56

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

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 ayatn, 'this (soul),' refers to the individual soul, and that the two verses incidentally mention what happens to it on the death of the individual in which it re- sides. First, they say, it enters darkness, i.e. knowledge (gwana) ceases, and, though for some time the soul's connection with the organs continues, it does not perform its functions of breathing, and so forth. Next it leaves the old body. It then is enveloped by the elementary body, consisting of the puryash/aka, the eight constituents, i.e. the rudimentary elements (bhuta) and organs (indriya), mind (manas), intelligence (buddhi), memory of past actions (v&sana), merit or demerit (karman), the vital airs (vayu), and avidya. In this condition it enters the seed of some plant or the embryo of some animal and then assumes a new gross body. Nar., on the other hand, considers that the first verse gives a description of the fate of the individual soul during a swoon (murk/ia), and the second alone refers to its migration after death. Under this supposition verse 56 must be translated as follows : 1 Being of atomic size (the soul) enters vegetable or animal seed and, united (with the rudimental body), leaves its (former) corporeal frame.' Nand. finally understands by ayam, ' this (soul),' the creator (bhagavan), and thinks that the first verse describes his behaviour during the time of destruction, while the second refers to a new creation. He says, 'When he has entered darkness,' i.e. the root- evolvent or nature, ' and has remained there for a long time,' i. e. as long as the period of destruction lasts, ' then, endowed with organs, he assumes a visible shape/ i.e. he appears in the shape of the creation. His note on verse 56, where he reads sawsrz'sh/au for sawsn'sh/a^, is too short to make it intelligible how he gets over the difficulties opposed to his interpretation.

I, 64. THE CREATION. 1 9

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 Mari/^i and the other sages.

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

60. Then that great sage BhWgu, 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/£isha, 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/M), 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 -Sastra' (Kull.), or 'with due attention, carefully' (Medh., Gov.).

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

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

C 2

20 LAWS OF MANU. 1,65.

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

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 ' tavanta^ ' for ' tavata^/ seems to have held the same opinion.

66. Thus the moon regulates time for the manes.

69-71. Wilson, Vishwu-purawa I, pp. 49-50 (ed. Hall).

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

1,77- THE CREATION. 21

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

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 (avantara or antaralapralaya) remains in existence, to create the world. Medh. and Kull. give both explanations, and prefer the former. Gov. gives the second alone, while Nar. and Nand. adhere to the first. The latter takes manas as denoting the three principles, the great one, egoism, and mind, and explains sadasadatmakam, 'which is both real and unreal/ as in verse 14, by prakrz'tivikrz'tyatmakam, 'being both an evolvent and an evolute.'

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

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

2 2 LAWS OF MANU. I, 78

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

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

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 Kr/ta 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' (maM- pralaya), (Kull.); ' after an intermediate destruction' (Gov., Nar.); 'before the creation of the mundane egg1 (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.) ;
82. or the four chief means of gaining merit, austerities, knowledge, sacrifices, and liberality, see below, verse 86 (Medh., Kull., Nar., K.) ; 4. or finally the four kinds of speech, mentioned Rig-veda I, 164, 45 (Medh.). All the commentators agree in stating that Truth, though comprised in the Dharma, is mentioned specially in order to show its paramount importance. Nand. reads the last words nadharmo n&gama^ kask'm, &c, and explains, ' Neither any demerit nor any sacred lore, »Sastra, approached men, i. e. no Institutes of the law were necessary.'

82. Medh. explains the first half-verse differently, 'In the other three ages, Dharma, the sacred law, (which is derived) from the

,

1,85. THE CREATION. 23

one foot, and through (the prevalence of) theft, falsehood, and fraud the merit (gained by men) is diminished by one fourth (in each).

83. (Men are) free from disease, accomplish all their aims, and live four hundred years in the Knta 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 Krz'ta age, different ones in the Treta and in the

sacred lore (agama), i.e. the Veda, is made to withdraw one foot after the other, one foot in each age, i.e. disappears (gradually) because the power of men to learn and to remember the sacred texts diminishes.' Gov. says, 'But in the Treta and the other ages, Dharma, the sacred law, (derived) from the sacred lore (agama), the -Sastra, i. e. the performance of sacrifices and so forth, is made to withdraw, i.e. is diminished successively by one quarter in each age, through (the prevalence of) theft, falsehood, and fraud/ Nand. finally differs still more, ' In the other three ages, i.e. the Treta and the rest, Dharma, (virtue or justice is determined) by means of the sacred lore (agama)/ the -Sastra, but this Dharma is lessened by one quarter in each; 'lessening the Dharma ' is intended to convey the meaning of ' lessening the determination of the Dharma/ The translation follows Kull., Nar., and Ragh.

83. In order to reconcile this statement regarding the age of men in the Krz'ta age with various passages of the Mahabharata and the Pura/zas, which attribute to certain heroes and sages lives of many thousand years, the commentators explain our passage as meaning that four hundred years were the natural term of life, which, however, might be lengthened through the performance of austerities. They further assert that in the passage Kanaka 34, 5, which names one hundred years as the term of human existence, the numeral is used in the sense of ' many/

s

A

24 LAWS OF MANU. 1,86.

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

86. In the Krzta age the chief (virtue) is declared to be (the performance oO austerities, in the Treta (divine) knowledge, in the Dvapara (the performance of) sacrifices, in the Kali liberality alone.

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 Vaisya 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 6udra, 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. samadwat, 'he com- manded/ for samasata/^, ' briefly.' Nand. reads akalpayat.

92. See below, V, 132.

93. Dharmata/fc prabhii/$, ' by right the lord/ agrees with Nar.'s and Nand/s glosses. Medh., Gov., Kull, and Ragh. say, ' he is with

1,98. THE CREATION. 25

mouth, as he was the first-born, and as he possesses the Veda, he is by right the lord of this whole creation.

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 Brahma;ias ;

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 a^ri^etexnal incarnation of the sacred lawj for he is born to (fulfil) the sacred law, and becomes one with Brahman.

respect to the law the lord, i.e. entitled to prescribe their duties to this whole creation.'

94. Tapas taptva, 'having performed austerities,' is added, as Nand. says, in order to show ' particularly great consideration' (tapas taptvety adarati^aya^). See above, verses 33, 34, 41.

95. Medh., Nar., and Nand. explain kn'tabuddhaya^,'who recog- nise (the necessity and the manner of performing the prescribed duties),' by 'who know the meaning of the Veda.' ' Those who know the Brahman,' i.e,' the sacred lore which leads to final emancipation/

26 LAWS OF MANU. 1,99.

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 Brahma^a is, indeed, entitled to it all.

10 1. The Brahma^a eats but his own food, wears but his own apparel, bestows but his own in alms ; other mortals subsist through the benevolence of the Brahma/za.

102. In order to clearly settle his duties and those of the other (castes) according to their order, wise Manu sprung from the Self-existent, composed these Institutes (of the sacred law).

103. A learned Brahma^a must carefully study them, and he must duly instruct his pupils in them, but nobody else (shall do it).

104. A Brahma/za who studies these Institutes (and) faithfully fulfils the duties (prescribed therein), is never tainted by sins, arising from thoughts, words, or deeds. I

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 Vaisyas from the right of studying the Manusawhita, but merely from teaching it.

104. Samitavrata^, ' who faithfully fulfils the duties,' is based on Gov.'s full explanation etadarthavabodhena samitavrato vmsh/a- yamaniyama^ san, with which Medh. closely agrees.

I, in. SUMMARY OF THE CONTENTS. 2 J

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/za).

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 teachers house),

107. 'The good and bad qualities of (human) actions,' i.e. ac- cording to Medh., Gov., Kull, and Nand. ' the good and the bad results of actions,' or according to Ragh. and Nar. ' the prescribed actions which are good and the forbidden ones which are bad/

108. My translation of atmavan, 'who possesses regard for him- self,' follows Medh. and Kull. Gov. explains it by ' of excellent disposition,' Nar. by ' endowed with firmness,' and Ragh. by ' who believes in a life after death/

109. Vedaphalam, ' the fruit of the Veda/ i.e. ' the rewards for the acts prescribed by the Veda' (Medh., Gov., Kull., and Nar.).

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

28 LAWS OF MANU. I,

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,

1 1 6. (The law concerning) the behaviour of VaLsyas and .Sudras, the origin of the mixed castes, the law for all castes in times of distress and the law of penances,

117. The threefold course of transmigrations, the result of (good or bad) actions, (the manner of at- taining) supreme bliss and the examination of the good and bad qualities of actions,

it 8. The primeval laws of countries, of castes (^ati), of families, and the rules concerning heretics and companies (of traders and the like) — (all that) iManu has declared in these Institutes.

119. As Manu, in reply to my questions, formerly promulgated these Institutes, even so learn ye also the (whole work) from me.

IT, 5- SOURCES OF THE LAW. 29

Chapter 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 Snataka' (chap. IV), Medh., Gov., Nar.; 'the vows of a student,' Nand.; 'the laws prescribing restraints/ i.e. 'the pro- hibitive rules, e. g. those forbidding to injure living beings/ Medh., Gov., Nar.; 'the rules affecting hermits and Sawnyasins/ Nand. Kull. refers both terms to the rules in chap. IV.

5. ' In the right manner/ i.e. ' as they are prescribed in the Vedas and without expecting rewards.' ' The deathless state/ i. e. ' final liberation.'

30 LAWS OF MANU. 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

\ j( 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. I, 1, 1, 1-6 ; Yagn. I, 7.

^ila, ' virtuous conduct,' i. e. ' the suppression of inordinate affec- tion and hatred/ Medh., Gov. ; ' the thirteenfold jila, behaving as becomes a Brahmaraa, devotedness to gods and parents, kindli- ness/ &c, Kull. ; ' that towards which many men who know the Veda naturally incline/ Nar. ; ' that which makes one honoured by good men/ Nand. * Customs/ e. g. such as tying at marriages a thread round the wrist of the bride (Medh., Gov.), wearing a blanket or a garment of bark (Kull.). Though the commentators try to find a difference between jila and aMra, it may be that both terms are used here, because in some Dharma-sutras, e.g. Gaut. I, 2, the former and in some the latter (e. g. Vas. I, 5) is mentioned. The 'self-satisfaction/ i.e. of the virtuous (Medh., Gov., Nand.), is the rule for cases not to be settled by any of the other authorities (Nar., Nand.), or for cases where an option is permitted (Medh., Gov., Kull.).

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 Mrmawsa, &c.' (Medh., Kull.).

IT, 14. SOURCES OF THE LAW. 3 1

9. For that man who obeys the law prescribed in the revealed texts and in the sacred tradition, gains fame in this (world) and after death unsurpassable bliss.

10. But by .Sruti (revelation) is meant the Veda, 1 and by Smrz'ti (tradition) the Institutes of the sacred law : those two must not be called into question in any matter, since from those two the sacred law shone forth.

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 denning 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 Aarvakas' (Medh.); 'relying on methods of reasoning, directed against the Veda' (Kull., Nar.).

12. The first half of this verse agrees literally with Y&gri. I, 7.

13. According to 'another' commentator, quoted by Medh., and according to Gov., Kull., and Nar., the meaning of the first half is, ' the exhortation to learn the sacred law applies to those only who do not pursue worldly objects, because those who obey (or learn, Nar.) the sacred law merely in order to gain worldly advantages, such as wealth, fame, &c, derive no spiritual advantage from it (because they will not really obey it,' Nar.). Medh., on the other hand, thinks that vidhiyate, ' is prescribed,' means • is found with.'

32 LAWS OF MANU. II, 15.

flicting, both are held to be law ; for both are pro- nounced by the wise (to be) valid law.

15. (Thus) the (Agnihotra) sacrifice maybe (op- tionally) performed, at any time after the sun has risen, before he has risen, or when neither sun nor stars are visible ; that (is declared) by Vedic texts.

16. Know that he for whom (the performance of) the ceremonies beginning with the rite of impregna- tion (Garbhadhana) and ending with the funeral rite (Antyesh^i) is prescribed, while sacred formulas are being recited, is entitled (to study) these Institutes, but no other man whatsoever.

17. That land, created by the gods, which lies between the two divine rivers Sarasvati and Dn- shadvati, the (sages) call Brahmavarta.

18. The custom handed down in regular succes- sion (since time immemorial) among the (four chief) castes (var/za) and the mixed (races) of that country, is called the conduct of virtuous men.

19. The plain of the Kurus, the (country of the) Matsyas, Pa/^alas, and 6urasenakas, these (form), indeed, the country of the Brahmarshisj(Brahmanical sages, which ranks) immediately after Brahmavarta.

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' (ushasa/z kala^), or 'as the time when the night disappears,' with which latter interpretation Gov. agrees.

1 6. The persons meant are the males of the three Aryan varzzas. The sacraments may be performed for women and -Sudras also, but without the recitation of mantras (II, 66 ; X, 127).

19. This tract comprises the Doab from the neighbourhood of Delhi as far as Mathura, the capital of the ancient -Surasenakas.

I

II, 26. SOURCES OF THE LAW; SACRAMENTS. T>3

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 Vinasana (the place where the river Sarasvati disappears) is called Madhyade^a (the central region).

22. But (the tract) between those two mountains (just mentioned), which (extends) as far as the eastern and the western oceans, the wise call Aryavarta (the country of the Aryans).

23. That land where the black antelope naturally roams, one must know to be fit for the performance of sacrifices ; (the tract) different from that (is) the country of the_311e£4&as~ (barbarians) .

24. Let twice-born men seek to dwell in those (above-mentioned countries) ; but a .Sudra, distressed for subsistence, may reside anywhere.

25. Thus has the origin of the sacred law been succinctly described to you and the origin of this universe; learn (now) the duties of the castes (vama).

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.

2i. The place where the river Sarasvati disappears lies in the Hissar districts. Prayaga, i.e. Allahabad.

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

23. Vas. I, 13-15 ; Baudh. I, 2, 12-15; Yagii. I, 2.

25. Gov. explains dharma, ' the sacred law,' by ' spiritual merit.' 26-35. Gaut. VIII, 14-20; Vi. XXVII, 1-12; Yagii. I, 10-13.

26. Medh. mentions another explanation for the first words, ' With holy rites, accompanied by the recitation of Vedic texts/ and Gov. thinks that 'vaidika' is to be taken in both meanings.

[25] D

34

LAWS OF MANU.

II, 27,

27. By burnt oblations during (the mother's) pregnancy, by the (Satakarman (the ceremony after birth), the Aauafa (tonsure), and the Mau/^ibandhana (the tying of the sacred girdle of Mu^a grass) is the taint, derived from both parents, removed from twice-born men.

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, 7^'shis, and manes), by (the procreation of) sons, by the great sacrifices, and by (*Srauta) rites this (human) body is made fit for (union with) Brahman.

29. Before the navel-string is cut, the Catakarman (birth-rite) must be performed for a male (child) ; and while sacred formulas are being recited, he must be fed with gold, honey, and butter.

27. 'The burnt oblations during the mother's pregnancy' are the Putfzsavana, Simantonnayana, and so forth ; see Asv. Grzhya-sutra

\ 13-14-

28. 'By vows/ i.e. 'the vows undertaken by the student when he learns particular portions of the Vedas, such as the Savitrivrata' (Medh., Gov., Nar.) ; ' voluntary restraints, such as the abstention from honey, meat, &c.' (Kull., Ragh.) ; ' vows such as the Pra^apatya penance' (Nand.). ' By burnt oblations/ i.e. ' the daily offerings of fuel' (II, 108). Traividyena, 'by the acquisition of the threefold sacred science/ i.e. 'by learning the meaning of the three Vedas' (Medh., Nand.) ; ' by undertaking the vow to study the three Vedas during thirty-six years' (III, 1; Gov., Kull., Nar., Ragh.). I^yaya, ' by offering to the gods, i?/shis, and manes/ i.e. by performing the so-called Tarpa/za (Medh., Gov., Kull., Ragh.), or 'by offering the Pakaya^was ' (Nar., Nand.). Medh. takes brahmi,' fit for union with Brahman/ to mean 'connected with Brahman,' but gives our version, which all the other commentators adopt, as the opinion of 'others.'

29. Asv. Grzriya-sfrtra I, 15, 1; Manava Grz'hya-sutra I, 17, 1; Paraskara Grz'hya-sutra 1, 16, 4. Though the text clearly says that the child is to be fed with gold, honey, and butter, it appears from the Grzhya-sutras, as also some of the commentators point out,

II, S3- SACRAMENTS. 35

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/za's name * (denote something) auspicious, a Kshatriya's be con- nected with power, and a Vaisya's with wealth, but

a 6udra's (express something) contemptible. y

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 VaLsya's (a term) expressive of thriving, and of a .Sudra's (an expression) denoting service.

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

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

30. Aw. Grz'hya-sutra I, 15, 4-10 ; Paraskara I, 17, 1-6. Nar. and Nand. are in doubt whether the numerals 'the tenth or twelfth' refer to lunar or solar days, because they stand in the feminine gender and either tithi or ratri may be supplied. Kull. gives an alternative version of the date, ' after the tenth (the last day of im- purity, i. e.) on the eleventh or twelfth/ which Medh. also mentions, but rejects. Kull. considers that the third and fourth va, 'or,' which stand after muhurta and nakshatra, have the sense of 'just,' and do not introduce a third alternative.

31-32. K. omits 31b and 32 a. Nar. and Ragh. think that the second part of a Brahmaraa's name must contain the word carman and no other, while the general opinion of the others is that it may be carman or some synonym, implying 'happiness or refuge.' Medh. expressly rejects the former view, and gives as examples of correct formations, Svamidatta, Bhavabhuti, Indrasvamin, Indra- jrama, Indradatta.

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

D 2

36

LAWS OF MANU.

II, 34-

/

34. In the fourth month the Nishkrama/za (the first leaving of the house) of the child should be performed, in the sixth month the Annapra^ana (first feeding with rice), and optionally (any other) auspicious ceremony required by (the custom of) the family.

35. According to the teaching of the revealed texts, the A"iWakarman (tonsure) must be performed, for the sake of spiritual merit, by all twice-born men in the first or third year.

36. In the eighth year after conception, one should perform the initiation (upanayana) of a Brahma/za, in the eleventh after conception (that) of a Kshatriya, but in the twelfth that of a Vaiiya.

3J. (The initiation) of a Brahma;za who desires proficiency in sacred learning should take place in the fifth (year after conception), (that) of a Kshatriya who wishes to become powerful in the sixth, (and that) of a Vaisya who longs for (success in his) business in the eighth.

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

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

34. A^v. Grz'hya-sutra I, 16 ; Paraskara I, 17, 5; 19, 1-6. The last clause, which permits the adoption of particular family-customs, refers, according to Medh.,Gov., and Kull., to all sacraments.

35. Ajv. Grz'hya-sutra I, 17, 1 ; Paraskara II, 1. Nar. and Nand. explain dharmata^, 'for the sake of spiritual merit,' by 'according to the law of the family' (see Asv. Grz'hya-sutra, loc. cit).

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

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;

IT, 42. SACRAMENTS; INITIATION. 37

Brahma/za does not pass until the completion of the sixteenth year (after conception), of a Kshatriya until the completion of the twenty-second, and of a Vaisya until the completion of the twenty-fourth.

39. After those (periods men of) these three (castes) who have not received the sacrament at the proper time, become Vratyas (outcasts), excluded from the Savitri (initiation) and despised by the Aryans.

40. With such men, if they have not been purified according to the rule, let no Brahma^a 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 Munga, grass, smooth and soft ; (that) of a Kshatriya, of a bowstring, made of Murva fibres ; (that) of a Vaisya, of hempen threads.

Baudh. 1, 16, 16; Vi., loc. cit., and LIV, 26; Y$gn. I, 37-38. ' Some' take the preposition a, ' until/ in the sense of ' until the beginning of/ Kull.

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

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

42. Ap.I, 2, 33-37; Gaut. 1. 15; Vas. XI, 58-60; Baudh. I, 3, 13; Vi. XXVII, 18 ; Yagn. I, 29. Medh. and Gov. think that the girdle of a Kshatriya is not to consist of three separate strings twisted together, and Kull. apparently holds the same opinion. Ragh. and Nar. say that every bowstring naturally consists of three strings.

38

LAWS OF MANU.

II, 43-

43. If Mu»/a grass (and so forth) be not pro- curable, (the girdles) may be made of Kara, Asman- taka, and Balba^a (fibres), with a single threefold knot, or with three or five (knots according to the custom of the family).

44. The sacrificial string of a Brahma/za shall be made of cotton, (shall be) twisted to the right, (and con- sist) of three threads, that of a Kshatriya of hempen threads, (and) that of a Vai^ya of woollen threads.

45. A Brahma;za shall (carry), according to the sacred law, a staff of Bilva or Palasa ; a Kshatriya, of Va/a or Khadira; (and) a VaL?ya, of Pilu or Udumbara.

46. The staff of a Brahma/za shall be made of such length as to reach the end of his hair ; that of a Kshatriya, to reach his forehead ; (and) that of a VaLsya, 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 trivrz'ta, ' 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; YSgii. I, 29.

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

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

IT, 54. INITIATION. 39

fire, turning his right hand towards it, (the student) should beg alms according to the prescribed rule.

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 VaLrya, 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,

r> 2-3; 3> Il'f Gaut. IX, 59; Vas. Ill, 69; XII, 18-20; Baudh.. II, 5, 18, 21-6, 2; 13, 12; Vi. LVIII, 34-35, 40-44J Ya^w. I, 27, 31, 112.

52. Medh. and Nar. 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.).

4Q

LAWS OF MANU.

IT, 55-

show a pleased face, and pray that he may always obtain it.

55. Food, that is always worshipped, gives strength and manly vigour ; but eaten irreverently, it destroys them both.

56. Let him not give to any man what he leaves, and beware of eating between (the two meal-times) ; let him not over-eat himself, nor go anywhere with- out having purified himself (after his meal).

57. Excessive eating is prejudicial to health, to fame, and to (bliss in) heaven ; it prevents (the acquisition of) spiritual merit, and is odious among men ; one ought, for these reasons, to avoid it carefully.

58. Let a Brahma/za always sip water out of the part of the hand (tirtha) sacred to Brahman, or out of that sacred to Ka (Pra^apati), or out of (that) sacred to the gods, never out of that sacred to the manes.

59. They call (the part) at the root of the thumb the tirtha sacred to Brahman, that at the root of the

55- Ur^am, 'manly vigour' (Gov., Kull.), or 'energy' (Nar., Nand.), or 'bulk' (Medh.).

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

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

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

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

11,64. INITIATION. 41

(little) finger (the tirtha) sacred to Ka (Pra^apati), (that) at the tips (of the fingers, the tirtha) sacred to the gods, and that below (between the index and the thumb, the tirtha) sacred to the manes.

60. Let him first sip water thrice ; next twice wipe his mouth ; and, lastly, touch with water the cavities (of the head), (the seat of) the soul and the head.

61. He who knows the sacred law and seeks purity shall always perform the rite of sipping with water neither hot nor frothy, with the (pre- scribed) tirtha, in a lonely place, and turning to the east or to the north.

62. A Brahma;za is purified by water that reaches his heart, a Kshatriya by water reaching his throat, a VaLsya by water taken into his mouth, (and) a .5udra by water touched with the extremity (of his lips).

63. A twice-born man is called upavitin when his right arm is raised (and the sacrificial string or the dress, passed under it, rests on the left shoulder) ; (when his) left (arm) is raised (and the string, or the dress, passed under it, rests on the right shoulder, he is called) pra^inavitin ; and nivitin when it hangs down (straight) from the neck.

64. His girdle, the skin (which serves as his upper garment), his staff, his sacrificial thread, (and) his water-pot he must throw into water, when they have been damaged, and take others, reciting sacred formulas.

60. ' (The seat of) the soul,' i. e/the heart '(all except Medh.,who adds, or ' the navel ').

61. ' Neither hot,' i. e. ' not boiled or heated on the fire ' (Medh., Gov., Kull., Nar., Nand.).

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

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

42 LAWS OF MANU. II, 65.

65. (The ceremony called) Keranta (clipping the hair) is ordained for a Brahma^a in the sixteenth year (from conception) ; for a Kshatriya, in the twenty-second ; and for a Vai^ya, two (years) later than that.

66. This whole series (of ceremonies) must be performed for females (also), in order to sanctify the body, at the proper time and in the proper order, but without (the recitation of) sacred texts.

6 J. The nuptial ceremony is stated to be the Vedic sacrament for women (and to be equal to the initiation), serving the husband (equivalent to) the residence in (the house of the) teacher, and the household duties (the same) as the (daily) worship of the sacred fire.

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. Yagii. I, 36. This is the ceremony also called Godana; Asv. Grz'hya-sutra I, 18; Paraskara II, 1, 3-7.

66-67. Asv. Gn'hya-sutra I, 16, 16; Vi. XXVII, 13-14; Y&gri. I, 13. ' The Vedic sacrament,' i.e. 'the sacrament performed with sacred texts ' (Nand., Ragh.), or ' having for its object the study of Vedic texts' (Medh., Nar.). Hence women must not be initiated. As the parallel passage of Asv. shows, the sacraments preceding the tonsure alone are to be given to them.

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 ; Yagn. I, 15, 27.

11,74- initiation; studentship. 43

70. But (a student) who is about to begin the study (of the Veda), shall receive instruction, after he has sipped water in accordance with the Insti- tutes (of the sacred law), has made the Brahma^fali, (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^ali (joining the palms for the sake of the Veda).

72. With crossed hands he must clasp (the feet) of the teacher, and touch the left (foot) with his left (hand), the right (foot) with his right (hand).

73. But to him who is about to begin studying, the teacher, always unwearied, must say: Ho, recite ! He shall leave off (when the teacher says) : Let a stoppage take place !

74. Let him always pronounce the syllable Om at the beginning and at the end of (a lesson in) the Veda ; (for) unless the syllable Om precede (the lesson) will slip away (from him), and unless it follow it will fade away.

70. Laghuvasa^, ' (has put on) a clean dress ' (Medh., Kull.), or c a dress which is not gorgeous' (Gov., Nar., Nand.), i.e. less valuable than the teacher's (Ragh.).

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

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

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

44 LAWS OF MANU.

I

75. Seated on (blades of Kusa grass) with their points to the east, purified by Pavitras (blades of Kusa grass), and sanctified by three suppressions of the breath (Pra^ayama), he is worthy (to pronounce) the syllable Om.

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, Bhuva^, Sva^.

yy. Moreover from the three Vedas Pra^apati, who dwells in the highest heaven (Paramesh^in), milked out (as it were) that iv^'k-verse, sacred to Savitrz (Savitri), which begins with the word tad, one foot from each.

j8. A Brahma/za, learned in the Veda, who recites during both twilights that syllable and that (verse), preceded by the Vyahmis, gains the (whole) merit which (the recitation of) the Vedas confers.

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;za, the Kshatriya, and the Vaijya who neglect (the recitation of) that 7^'k-verse and the

and that one speaks also of the vLraraTza, i.e. the spoiling of boiled milk.

75. Gaut. I, 48-50; Yagn. I, 23. 'Purified by Pavitras,' i.e. ' having touched the seat of the vital airs with blades of Kara grass' (Medh., Gov., Nar.) ; see Gaut. I, 48. Medh. mentions another explanation of Pavitra, adopted by Nand. also, according to which it means ' purificatory texts.' Regarding the term ' suppression of the breath/ see Vas. XXV, 13; Vi. LV, 9.

76. Vi. LV, 10.

77. Vi. LV, 1 1. The Savitn, i.e. the verse tat savitur varewyam, , Rig-veda III, 62, 10.

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

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

80. Vi. LV, 14.

TI, 85. STUDENTSHIP. 45

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

81. Know that the three imperishable Mahavya- hrztis, preceded by the syllable Om, and (followed) by the three-footed Savitri are the portal of the Veda and the gate leading (to union with) Brahman.

82. He who daily recites that (verse), untired, during three years, will enter (after death) the high- est Brahman, move as free as air, and assume an ethereal form.

83. The monosyllable (Om) is the highest Brah- man, (three) suppressions of the breath are the best (form of) austerity, but nothing surpasses the Savitri; truthfulness is better than silence.

84. All rites ordained in the Veda, burnt oblations and (other) sacrifices, pass away; but know that the syllable (Om) is imperishable, and (it is) Brahman, (and) the Lord of creatures (Pra^apati).

85. An offering, consisting of muttered prayers, is ten times more efficacious than a sacrifice performed

81. Vi. LV, 15. Brahmawo mukham, literally, ' the mouth of Brahman,' is probably meant to convey the double sense given in the translation. Both interpretations are given by Medh., Kull., and Ragh., while Gov., Nar., and Nand. explain it merely by 'the beginning or portal of the Veda;' see also Ap. I, 13, 6.

82. Vi. LV, 16. 83. Vi. LV, 17.

84. Vi. LVI, 18. ' Pass away/ i.e. ' as far as their results are con- cerned ' (Medh., Gov., Kull., Nar.), ' as far as their form and their results are concerned ' (Nand.). Sacrifices procure only the perish- able bliss of heaven, while the constant recitation of the syllable Om secures union with Brahman. According to Medh., Gov., Kull., and Ragh., Brahman is here a neuter ; according to Nar. and Nand., a masculine. The words 'and (it is) Brahman (and) Pra^apati'(Medh., Gov., Nar., Ragh.) are taken by Kull. as ' since it is Brahman (and) Pra^apati,' by Nand. as ' just like Brahman, the Lord of creatures.'

85. Vi. LVI, 19; Vas. XXVI, 9. The sacred texts meant are, of course, Om, the Vyahrz'tis, and the Gayatri.

46

LAWS OF MANU.

II, 86.

according to the rules (of the Veda); a (prayer) which is inaudible (to others) surpasses it a hundred times, and the mental (recitation of sacred texts) a thousand times.

86. The four Pakaya^/zas and those sacrifices which are enjoined by the rules (of the Veda) are all together not equal in value to a sixteenth part of the sacrifice consisting of muttered prayers.

8 j. But, undoubtedly, a Brahma^a reaches the highest goal by muttering prayers only; (whether) he perform other (rites) or neglect them, he who befriends (all creatures) is declared (to be) a (true) Brahma/za.

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^as,' i.e. 'the so-called great sacrifices to gods, manes, goblins, and men (III, 70) excluding the Brahmaya^na' (Medh., Kull., Nar., Nand.). Gov. and Ragh. understand the term as indicating ' all Smarta and -Srauta rites;' see also Jolly on Vishmi, loc. cit.

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

IT, 97. STUDENTSHIP. 47

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 sa#zkalpa, the power of determining or shaping the impressions of the senses.

93. Dosham, ' guilt ' (NaT.), is taken by Medh., Gov., and Kull. in the sense of d/Ysh/adrzsh/aw dosham, ' misery and guilt ; ' by Ragh. as sawsarakhyam, ' the misery of repeated births.' ' Success (in gaining all his aims),' i.e. 'the rewards of all good works and rites' (Medh.), or « final liberation ' (Nar., Ragh.), or ' all the aims of men, final liberation and the rest' (Gov., Kull.).

96. Asevaya, 'by abstinence from enjoyments' (Gov., Nar., Nand.), means according to Medh. and Kull. ' by avoiding places where enjoyments are to be obtained/ i.e. 'by dwelling in the forest' (Medh.).

48 LAWS OF MANU. II, 98.

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

10 1. Let him stand during the morning twilight, muttering the Savitri until the sun appears, but (let him recite it), seated, in the evening until the constel- lations can be seen distinctly.

102. He who stands during the morning twilight muttering (the Savitri), removes the guilt contracted during the (previous) night ; but he who (recites it),

99. 'Wisdom,' i.e. 'power of control over the senses' (Medh., Gov., Ragh.), or 'knowledge of the truth' (Kull.). I read with Medh., Gov., Nar., Nand., Ragh., K., and the Bombay edition padat, instead of patrat. The explanation of the simile has been given correctly by Haughton in his note on Sir W. Jones' translation.

1 00. Nar. and Nand. take yogata^, ' 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; Yzgii. I, 24-25.

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

IT, 107. STUDENTSHIP. 49

seated, in the evening, destroys the sin he committed during the day.

103. But he who does not (worship) standing in the morning, nor sitting in the evening, shall be excluded, just like a .5udra, from all the duties and rights of an Aryan.

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. I, 12, 1-9 ; Vas. XIII, 7. The last clause of verse 106 finds its explanation by the passage from the »Satapatha-brah- ma«a, quoted by Ap. 1, 12, 3. Anadhyaya/z (' not studying ') means

• a cause for the interruption of the study, such as thunder or a violent wind, which takes the place of the exclamation Vasha/.'

107. Vi. XXX, 34-38; Yagii. I, 41-46. Nar. and Nand. explain the four terms ' sweet and sour milk, clarified butter and

[25] E

5o

LAWS OF MANU.

II, ro8.

1 08. Let an Aryan who has been initiated, (daily) offer fuel in the sacred fire, beg food, sleep on the ground and do what is beneficial to his teacher, until (he performs the ceremony of) Samavartana (on re- turning home).

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^ft. I,

109. Regarding  the  Samavartana,  see  below,  III,  3-4.
     

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

no. Ap. I, 32, 22-24; Vas- II, 12; Baudh. I, 4, 2; Vi. XXIX, 7. Ga.da./i} ' an idiot,' means according to Medh. and Kull. ' dumb.'

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

II, 1 19. STUDENTSHIP. 5 1

112. Where merit and wealth are not (obtained by teaching) nor (at least) due obedience, in such (soil) sacred knowledge must not be sown, just as good seed (must) not (be thrown) on barren land.

1 1 3. Even in times of dire distress a teacher of the Veda should rather die with his knowledge than sow it in barren soil.

114. Sacred Learning approached a Brahma/za 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 Savitri only, is better than he who knows the three Vedas, (but) does not con- trol himself, eats all (sorts of) food, and sells all (sorts of goods).

119. One must not sit down on a couch or seat

112. Baudh. I, 4, 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. I, 14, 7-9;Gaut.VI,i-3, 5; Vas. XIII, 41-43; Baudh. I, 3, 25-28 ; Vi. XXXII, 1-4. This rule refers to any casual meeting.

119. Ap. I, 8, 11, 14, 17 ; Gaut. II, 21, 25.

E 2

52 LAWS OF MANU. II, 12

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

120. For the vital airs of a young man mount upwards to leave his body when an elder ap- proaches ; but by rising to meet him and saluting he recovers them.

121. He who habitually salutes and constantly pays reverence to the aged obtains an increase of four (things), (viz.) length of life, knowledge, fame, (and) strength.

122. After the (word of) salutation, a Brahma^a who greets an elder must pronounce his name, say- ing, ■ I am N. N.'

123. To those (persons) who, when a name is pronounced, do not understand (the meaning of) the salutation, a wise man should say, ' It is I ;' and (he should address) in the same manner all women.

124. In saluting he should pronounce after his name the word bho/£; for the sages have declared that the nature of bho/£ is the same as that of (all proper) names.

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

121. Ap. I, 5, 15 ; Baudh. I, 3, 26. Instead of vidy& or pra^wa, ' knowledge,' Medh. reads dharma/$, ' spiritual merit,' and the same reading is given sec. man. in the text of Gov.

122. Ap. I, 5, 12 ; Gaut. VI, 5 ; Vas. XIII, 45 ; Baudh. I, 3, 27 ; Vi. XXVIII, 17 ; YagTi. I, 26. 'After the word of salutation,' i. e. after the word abhiv&daye, ' I salute' (Gov., Kull., Nar., Nand.).

123. Vas. XIII, 46. I.e. to those who either are unacquainted with grammar or with the Dharnmastra (Medh.). Nand. places this verse after verse 126.

124. Vi. XXVIII, 17.

125. Ap. I, 5, 18; Vas. XIII, 46. The translation of the second half of the verse is based on the reading ' purvaksharapluta^,' which

=

II, 128. STUDENTSHIP. 53

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

126. A Brahma/za who does not know the form of returning a salutation, must not be saluted by a learned man ; as a 6udra, even so is he.

127. Let him ask a Brahma^a, on meeting him, after (his health, with the word) kui-ala, a Kshatriya (with the word) anamaya, a Vai^ya (with the word) kshema, and a .Sudra (with the word) anarogya.

128. He who has been initiated (to perform a 6rauta sacrifice) must not be addressed by his name, even though he be a younger man ; he who knows

Nand. gives, and Nar. mentions as adopted by ' some.' It follows the interpretation of these two commentators which agrees in sub- stance with the rule of Vasish//$a. The meaning is that Devadatta is to be pronounced ' Devadatta3a,' Harabhute, ' Harabhuta3ya,' &c. Medh. and Kull. take the passage as follows : ' and the vowel (i.e.) "a" (and so forth) at the end of the name, (or in case the word ends in a consonant) that of the preceding syllable, must be drawn out the length of the three moras.' According to this in- terpretation, which requires the reading ' purvakshara^ plutaA,' Manu's rule agrees with Ap. and Pamni VIII, 2, 83. The obvious objection is that Medh. and Kull. are forced to take akara, 'the vowel a,' in the sense of ' a vowel such as a,' and to understand with purvakshara^ the word svara^, which does not occur in the verse. Gov. and Ragh. go far off the mark. Most commentators think that the word vipra^, ' a Brahmaraa,' is meant to include other Aryans also; but see Ap. I, 14, 23.

126. It follows from this verse that .Sudras must never be greeted in the manner prescribed in the preceding rule.

127. Ap. I, 24, 26-29. The rule refers to friends or relatives meeting, not to every one who returns a salute (Gov.).

128. Gaut. VI, 19. The rule refers to the time between the performance of the Dikshawiyesh/i or initiatory ceremony and the final bath on completion of the sacrifice (Medh., Kull.). Besides bhoh and bhavat, the titles dikshita or ya^amana are to be used.

54 LAWS OF MANU. II, 12

the sacred law must use in speaking to such (a man the particle) bho/£ and (the pronoun) bhavat (your worship).

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/za), must be clasped every day; but (the feet of) wives of (other) paternal and maternal relatives need only be embraced on one's return from a journey.

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. yi. 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'

II, 139- STUDENTSHIP. 55

practising (the same) fine art (though one be) five years (older than the other), 6rotriyas (though) three years (intervene between their ages), but blood -relations only (if the) difference of age be very small.

135. Know that a Brahma^a of ten years and Kshatriya of a hundred years stand to each other in the relation of father and son ; but between those two the Brahma^a is the father.

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 6udra who has entered the tenth (decade of his life).

138. Way must be made for a man in a carriage, for one who is above ninety years old, for one dis- eased, for the carrier of a burden, for a woman, for a Snataka, for the king, and for a bridegroom.

139. Among all those, if they meet (at one time), a Snataka and the king must be (most) honoured ;

and equals may address each other with the words bho^, bhavat, or vayasya, ' friend.' The explanation of the verse, which is sub- stantially the same " in all the commentaries, is based on Gaut/s passage, while Haradatta's interpretation of Ap. somewhat differs.

135. Ap. I, 14, 25; Vi. XXXII, 17.

136. Gaut. VI, 20; Vas. XIII, 56-57; Vi. XXXII, 16; Y&g%. I, 116.

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

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

56 LAWS OF MANU. II, 14c

and if the king and a Snataka (meet), the latter receives respect from the king.

140. They call that Br&hma^a who initiates a pupil and teaches him the Veda together with the Kalpa and the Rahasyas, the teacher (a^arya, of the latter).

141. But he who for his livelihood teaches a portion only of the Veda, or also the Ahgas of the Veda, is called the sub-teacher (upadhyaya).

142. That Brahma^a, who performs in accord- ance with the rules (of the Veda) the rites, the Garbhadhana (conception -rite), and so forth, and gives food (to the child), is called the Guru (the venerable one).

143. He who, being (duly) chosen (for the pur- pose), performs the Agnyadheya, the Pakaya^as, (and) the (6rauta) 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

1 40-1 4 1. Ap. 1, 1,13; Gaut. I, 9-10; Vas. Ill, 21-23; Vi. XXIX, 1-2 ; Y&gri. I, 34-35. Kalpa, i. e. the Sutras referring to sacrifices. Rahasyas, lit. 'the secret portions/ i.e. the Upanishads and their explanation (Medh., Gov., Kull., Nand., Ragh.), or ' the extremely secret explanation of the Veda and Ahgas, not the Upanishads, because they are included in the term Veda ' (Nar).

142. Yagii. I, 34. The person meant is the natural father.

143. Vi.XXIX, 3;Ya^.I, 35.

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 ; Y&gri. I, 35. The commentators try to reconcile the meaning of this verse and the next following one by

I

II,150. STUDENTSHIP. 57

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

146. Of him who gives natural birth and him who gives (the knowledge of) the Veda, the giver of the Veda is the more venerable father ; for the birth for the sake of the Veda (ensures) eternal (rewards) both in this (life) and after death.

147. Let him consider that (he received) a (mere animal) existence, when his parents begat him through mutual affection, and when he was born from the womb (of his mother).

148. But that birth which a teacher acquainted with the whole Veda, in accordance with the law, procures for him through the Savitri, is real, exempt from age and death.

149. (The pupil) must know that that man also who benefits him by (instruction in) the Veda, be it little or much, is called in these (Institutes) his Guru, in consequence of that benefit (conferred by instruction in) the Veda.

1 50. That Brahma/za who is the giver of the birth

assuming, either that the term a/fcarya refers in this case to one who merely performs the rite of initiation and teaches the Gayatri only (Medh., Kull.), or that the word * father ' denotes a father who initiates his own child and teaches it the Veda (Gov., Nar.). But it is more probable that two conflicting opinions*arfe here placed side by side, because both are based on an ancient tradition ; see Gaut. II, 50-51.

146-148. Ap. I, 1, 15-17; Gaut. I, 8 ; Vas. II, 3-5; Vi. XXX, 44-45. Nar. and Nand. read utpadakabrahmapitro^, 'of the two fathers, i. e. him who procreates the body and him who (gives the birth) for the Veda/

149. Iha, lit. 'here/ i.e. in these Institutes (Kull.), or 'in the chapter on saluting' (Gov.). But it may also mean 'in this world/

58 LAWS OF MANU. TT, igl,

for the sake of the Veda and the teacher of the prescribed duties becomes by law the father of an aged man, even though he himself be a child.

151. Young Kavi, the son of Ahgiras, taught his (relatives who were old enough to be) fathers, and, as he excelled them in (sacred) knowledge, he called them ' Little sons/

152. They, moved with resentment, asked the gods concerning that matter, and the gods, having assembled, answered, ' The child has addressed you properly.'

153. 'For (a man) destitute of (sacred) know- ledge is indeed a child, and he who teaches him the Veda is his father ; for (the sages) have always said " child "to an ignorant man, and " father" to a teacher of the Veda.'

154. Neither through years, nor through white (hairs), nor through wealth, nor through (powerful) kinsmen (comes greatness). The sages have made this law, ' He who has learnt the Veda together with the Angas (AnMana) is (considered) great by us.'

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

151. Baudh. I, 3, 42. Sisu, * young/ seems to be a name or nick- name in Baudh/s passage. Parigrzhya, 'as he excelled them' (Nand.), means according to Medh., Gov., Kull., Nar., and Mgh. 'as on account of his learning he had received them (as his) pupils/ Pitrzh, lit. 'fathers/ means according to Nar. 'the manes, i.e. the Agnishvattas and the rest.'

154. Anu£ana/$, 'who has learnt the Veda and the Ahgas' (Kull., Nar., Nand., Ragh.), means according to Medh. and Gov. ' who teaches the Veda and the Angas/

155. Vi. XXXII, 18.

11

STUDENTSHIP. 59

156. A man is not therefore (considered) venerable because his head is gray ; him who, though young, has learned the Veda, the gods consider to be venerable.

157. As an elephant made of wood, as an antelope made of leather, such is an unlearned Brahma^a ; 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/za useless, who (does) not (know) the Rik&s.

159. Created beings must be instructed in (what concerns) their welfare without giving them pain, and sweet and gentle speech must be used by (a teacher) who desires (to abide by) the sacred law.

160. He, forsooth, whose speech and thoughts are pure and ever perfectly guarded, gains the whole reward which is conferred by the Vedanta.

161. Let him not, even though in pain, (speak words) cutting (others) to the quick; let him not injure others in thought or deed ; let him not utter speeches which make (others) afraid of him, since that will prevent him from gaining heaven.

156. Nar. and Nand. read sthaviro bhavati, K. sthaviro gneyo for vrz'ddho, ' venerable.'

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

158. 7?z/£as, i.e. the Veda (Gov., Nar.).

159. Ap. I, 8, 25-30; Gaut. II, 42. This and the following verses refer in the first instance to the behaviour of the teacher towards his pupils; see also below, VIII, 299-300.

160. The Vedanta are the Upanishads, and the reward meant is 'final liberation' (Gov., Kull., Nar., Nand., Ragh.). Medh., however, prefers to take Vedanta in the sense of ' the maxims or teaching of the Veda/ and thinks that the reward includes all rewards for Vedic rites.

60 LAWS OF MANU. II,

.

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 tapa^, 'the (various) austerities (pre- scribed) for (those who study) the Veda/ means according to Nar. and Nand. ' the austerities, consisting in the study of the Veda ; ' see also Ap. I, 12, 1-2.

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

166. Ap. I, 12, 1-2 ; Yagn. I, 40.

II, 172. STUDENTSHIP. 6 1

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

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).

169. According to the injunction of the revealed texts the first birth of an Aryan is from (his natural) mother, the second (happens) on the tying of the girdle of Mui^a grass, and the third on the initiation to (the performance of) a (.Srauta) sacrifice.

1 70. Among those (three) the birth which is sym- bolised by the investiture with the girdle of Mu^a grass, is his birth for the sake of the Veda ; they declare that in that (birth) the Savitrl (verse) is his mother and the teacher his father.

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-brahmawa XI, 5, 7, 4.

168. Vas. Ill, 2; Vi. XXVIII, 36.

169-170. Vi. XXVIII, 37-38; Vas. II, 3; YSgn. I, 39 J Aitareya-brahmawa I, 1; Max Muller, Hist. Anc. Sansk. Lit., p. 390 seq.

1 71-17 2. Ap. II, 15, 19 ; Gaut. 1, 10; II, 4-5; Vas. II, 4, 6-7 ; Baudh. I, 3, 6; Vi. XXVIII, 40.

62 LAWS OF MANU. II, 173.

173. The (student) who has been initiated must be instructed in the performance of the vows, and gradually learn the Veda, observing the prescribed rules.

1 74. Whatever dress of skin, sacred thread, girdle, staff, and lower garment are prescribed for a (student at the initiation), the like (must again be used) at the (performance of the) vows.

175. But a student who resides with his teacher must observe the following restrictive rules, duly controlling all his organs, in order to increase his spiritual merit.

1 j6. Every day, having bathed, and being purified, he must offer libations of water to the gods, sages and manes, worship (the images of) the gods, and place fuel on (the sacred fire).

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 Nar.). In the second verse Kull. also adopts the explanation of Medh. and Gov.

176-182. Ap. I, 2, 17, 23-30; 3, 11-25; 4, 13-23; Gaut. II, 8-9, 12-17; Vas. VII, 15, 17; Baudh. I, 3, 19-20, 23-24; Vi. XXVIII, 4-5, n, 48-51 ; Y&gn. I, 25, 33.

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

II, 184. STUDENTSHIP. 6$

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

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 Ku.ya grass, as much as may be required (by his teacher), and daily go to beg food.

183. A student, being pure, shall daily bring food from the houses of men who are not deficient in (the knowledge of) the Veda and in (performing) sacrifices, and who are famous for (following their lawful) occupations.

184. Let him not beg from the relatives of his teacher, nor from his own or his mother's blood- relations ; but if there are no houses belonging to

179. 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.

II, 35.

184. Gaut. II, 37-38.

64 LAWS OF MANU. II, 185.

strangers, let him go to one of those named above, taking the last-named first ;

185. Or, if there are no (virtuous men of the kind) mentioned above, he may go to each (house in the) village, being pure and remaining silent ; but let him avoid 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 Avakirmn (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; Yagii. Ill, 281. The penance for an Avakrrmn is mentioned below, XI, 1 19-120.

188. Y&gn. I, 32.

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

II, ip4- STUDENTSHIP. 65

gods, observing (however the conditions of) his vow, or at a (funeral meal) in honour of the manes, be- having (however) like a hermit.

190. This duty is prescribed by the wise for a Brahma/za only; but no such duty is ordained for a Kshatriya and a Vai^ya.

191. Both when ordered by his teacher, and with- out a (special) command, (a student) shall always exert himself in studying (the Veda), and in doing what is serviceable to his teacher.

192. Controlling his body, his speech, his organs (of sense), and his mind, let him stand with joined hands, looking at the face of his teacher.

193. Let him always keep his right arm uncovered, behave decently and keep his body well covered, and when he is addressed (with the words), ' Be seated/ he shall sit down, facing his teacher.

194. In the presence of his teacher let him always eat less, wear a less valuable dress and ornaments

According to Gov., Nar., and Nand., the last phrase means that the student is to eat at a funeral dinner a little wild-growing rice and other food fit for a hermit (munyanna), while Medh. and Kull. think that the two phrases prohibit the eating of forbidden food only.

190. 'This duty' refers to the permission given in verse 189. According to Nar. 'others/ however, thought that this verse annulled the rule given in verse 188.

191. Ap. I, 5, 27, 4, 23; Gaut. I, 54; II, 29-30; Vi. XXVIII, 6-7; Yagri. I, 27.

193. Ap. I, 6, 18-20. I read, with Medh., Kull., and Ragh., susa/ftvriia^, and translate it according to the latter two, 'keep his body well covered.' Medh. explains it, ' well guarding himself (in his speech).' Nar. and K. read like the editions, susawyata^, and Nand. samahita^, ' concentrating his mind.' Gov. seems to have had the same reading as Nar.

194. Ap. I, 4, 22, 28; Gaut. II, 21; Baudh. I, 3, 21; Vi. XXVIII, 13.

[25] F

66 LAWS OF MANU. II, 195.

(than the former), and let him rise earlier (from his bed), and go to rest later.

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

198. Ap. I, 2, 21, 6, 1 3-1 7; Gaut. II, 1 4-15, 2 1 ; Vi. XXVIII, 1 2, 23.

199. Gaut. II, 23; Vi. XXVIII, 24-25. The epithets to be added to the teacher's name are upadhyaya, bha/Ya (Medh.), a^arya (Kull.), or Tarawa and the like (Nar.).

200. Vi. XXVIII, 26.

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

II, 206. STUDENTSHIP. 6j

will become (in his next birth) an ass, by falsely defaming him, a dog ; he who lives on his teacher's substance, will become a worm, and he who is envious (of his merit), a (larger) insect.

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 carnage 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 NaT. and Nand. 'he who eats without the teacher's permission the best food, obtained by begging.' The latter ex- planation is supported by the meaning of the preposition ■ pari ' in parivettd and paryadhata.

202. 'Nor when a woman is near/ i.e. 'if the teacher is in the company of his wife/

203. Ap. I, 6, 15.

204. Ap. I, 7, 7, 12-13 ; Vi- XXVIII, 27-28.

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

206. Ap. I, 8, 28.

F 2

68 LAWS OF MANU. II, 207.

towards all who may restrain him from sin, or may give him salutary advice.

207. Towards his betters let him always behave as towards his teacher, likewise towards sons of his teacher, born by wives of equal caste, and towards the teacher's relatives both on the side of the father and of the mother.

208. The son of the teacher who imparts in- struction (in his father's stead), whether younger or of equal age, or a student of (the science of) sacrifices (or of other Angas), deserves the same honour as the teacher.

209. (A student) must not shampoo the limbs of his teacher's son, nor assist him in bathing, nor eat the fragments of his food, nor wash his feet.

210. The wives of the teacher, who belong to the same caste, must be treated as respectfully as

207. Ap. I, 7, 29-30; Baudh. I, 3, 44. Aryeshu, 'born by wives of the same class/ i.e. of the Brahmawa caste (Medh., Kull., Gov.), means according to Nar. and Nand. 'who are virtuous.' It is, however, probable that it has its literal meaning, ' who are Aryans, i.e. born by wives of the first three castes.' Medh. prefers another reading, guruputre tatha^arye, * towards the teacher's son who (takes the place of his father as) teacher.' Ragh. gives the same reading.

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 R£gh. con- strue quite differently, ' The son of the teacher, whether younger or of equal age, or a student, if he (be able to) teach the Veda, deserves the same honour as the teacher, when (he is present) at the performance of a sacrifice.'

209-212. Ap. I, 7, 27; Gaut. II, 31-34; Baudh. I, 3, 33-37;

Vi. xxviii, 32-33; xxxii, 2, 5-7.

II, 219. STUDENTSHIP. 69

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

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.

7<D LAWS OF MANU. II, 220.

wear his hair in braids, or braid one lock on the crown of his head ; the sun must never set or rise while he (lies asleep) in the village.

220. If the sun should rise or set while he is sleeping, be it (that he offended) intentionally or unintentionally, he shall fast during the (next) day, muttering (the Savitri).

221. For he who lies (sleeping), while the sun sets or rises, and does not perform (that) penance, is tainted by great guilt.

222. Purified by sipping water, he shall daily worship during both twilights with a concentrated mind in a pure place, muttering the prescribed text according to the rule.

223. If a woman or a man of low caste perform anything (leading to) happiness, let him diligently practise it, as well as (any other permitted act) in which his heart finds pleasure.

jol. 224. (Some declare that) the chief good consists in (the acquisition of) spiritual merit and wealth, (others place it) in (the gratification of) desire and (the acquisition of) wealth, (others) in (the acqui-

1 others/ Kull., Ragh.). Medh., Gov., Nar., and Nand. give 'while (he stays) in the village/ The former explanation is, however, more probable on account of the following verse.

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., Nar., and Ragh. state that the penance shall be performed during ' the (next) day (or night)/ and that he who neglects the evening prayer, shall fast in the evening and repeat the Gayatri during the night. The parallel passages show that a difference of opinion existed with respect to -the performance of this penance.

221. Vas. 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.

11,231. STUDENTSHIP. 71

sition of) spiritual merit alone, and (others say that the acquisition of) wealth alone is the chief good here (below) ; but the (correct) decision is that it consists of the aggregate of (those) three.

225. The teacher, the father, the mother, and an elder brother must not be treated with disrespect, especially by a Brahma^a, though one be grievously offended (by them).

226. The teacher is the image of Brahman, the father the image of Pra^apati (the lord of created beings), the mother the image of the earth, and an (elder) full brother the image of oneself.

227. That trouble (and pain) which the parents undergo on the birth of (their) children, cannot be compensated even in a hundred years.

228. Let him always do what is agreeable to those (two) and always (what may please) his teacher ; when those three are pleased, he obtains all (those rewards which) austerities (yield).

229. Obedience towards those three is declared to be the best (form of) austerity ; let him not perform other meritorious acts without their permission.

230. For they are declared to be the three worlds, they the three (principal) orders, they the three Vedas, and they the three sacred fires.

231. The father, forsooth, is stated to be the Garhapatya fire, the mother the Dakshi/zagni, but

225. Ap. I, 14, 6; Vi. XXXI, 1-3. This verse is placed by Kull. alone after the following one, while all the other com- mentators as well as K. observe the order followed above.

229. Vi. XXXI, 6.

230. Vi. XXXI, 7. 'The three worlds,' i.e. 'the earth, the middle sphere, and the sky;' 'the three orders/ i.e. 'the first three orders' (Kull., Nar., Nand.), 'the last three orders' (Medh., Gov.).

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

72 LAWS OF MANU. II, 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.) ; but Medh., Gov., and Ragh. refer the expression to advice in worldly matters. * From a base family,' i.e. 'from a family where the sacred rites are neglected' (Medh.), 'from one that is lower than oneself (Kull.), 'from the family of a potter or a similar (low caste)/ (Gov.) But probably the rule refers to the practice to take particularly desirable brides even from the families of outcasts; see Vas. XIII, 51-53.

II, 245- STUDENTSHIP. 73

law even from the lowest, and an excellent wife even from a base family.

239. Even from poison nectar may be taken, even from a child good advice, even from a foe (a lesson in) good conduct, and even from an impure (substance) gold.

240. Excellent wives, learning, (the knowledge of) the law, (the rules of) purity, good advice, and various arts may be acquired from anybody.

241. It is prescribed that in times of distress (a student) may learn (the Veda) from one who is not a Brahma^a ; and that he shall walk behind and serve (such a) teacher, as long as the instruction lasts.

242. He who desires incomparable bliss (in heaven) shall not dwell during his whole life in (the house of) a non-Brahma/ncal teacher, nor with a Brahma^a who does not know the whole Veda and the Ahgas.

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/za 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 hot present any gift to his teacher before (the Samavar- tana) ; but when, with the permission of his teacher, he is about to take the (final) bath, let him procure

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

241. Ap. II, 4, 25; Gaut. VII, 1-3; Baudh. I, 3, 4i~43-

243. Ap. II, 21, 6; Gaut. III. 5-6; Vas. VII, 4 ; Baudh. II, 11. 13; Vi. XXVIII, 43;Ya^.I, 49.

245. Ap. I, 7, 19 ; Gaut. II, 48-49 ; Vi. XXVIII, 42 j Ya§™. I, 51.

74

LAWS OF MANU.

II, 246.

(a present) for the venerable man according to his ability,

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), arid thus finish his life.

249. A Brahma^a who thus passes his life as a student without breaking his vow, reaches (after death) the highest abode and will not be born again in this world.

Chapter III.

1. The vow (of studying) the three Vedas under a teacher must be kept for thirty-six years, or for

1

246. Most commentators read pritimaharet for avahet, and with this reading the translation must be, ' A field, gold .... he should give to the teacher in order to please him/

247. Gaut. Ill, 7; Vi. XXVIII, 44-45; Y%w. 1,49. Regarding the term Sapiw^a, see below, V, 60.

248. Gaut. Ill, 8 ; Vas. VII, 5-6 ; Vi. XXVIII, 46 ; Y&gn. I, 49- Sariraw sadhayet, ' shall finish his life ' (Medh., Gov.), means ac- cording to Kull. ' shall make the soul connected with his body- perfect, i. e. fit for the union with Brahman.' Nar. and Ragh. take the word similarly.

249. VL XXVIII, 49; Y&gn. I, 50.

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

The three Vedas meant are the i?z'g-veda, Ya^ur-veda, and Sama-veda. The Atharva-veda is here, as in most of the ancient Dharma-sutras, left out altogether. Baudhayana, alone, states that

111,5- householder; marriage. 75

half that time, or for a quarter, or until the (student) has perfectly learnt them.

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 Sapi/^a on the mothers side, nor belongs to the same family on

the term of studentship extends over forty-eight years, and that rule includes the Atharva-veda.

2. Y&gn. I, 52.

3. The meaning is, that the student who, after completing his term, has become a Snataka, shall receive first, i.e. before his mar- riage, the honour of the Madhuparka (Ap. II, 8, 5-9) from the person who instructed him. The phrase ' who has received his heritage, the Veda, from his father/ indicates, according to the commentators, that, as a rule, the father is to teach his son. As, however, the teacher is considered the spiritual father of his pupil, pitu/£ might also be translated ' from his (spiritual) father.'

4. Gaut. IV, ij Vas. VIII, 1; Ya^n. I, 52. Regarding the 'aus- picious bodily marks/ see -Sahkhayana, Grzhya-sutra I, 5, 10. See also below, vers. 7-10.

5. Ap. II, 11, 15-16; Gaut. IV, 2-5; Vas. VIII, 1-2; Baudh. II, 1, 32-38; Vi. XXIV, 9-10; Y8gn. I, 53-

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

j6 LAWS OF MANU. 111,6.

the father's side, is recommended to twice-born men for wedlock and conjugal union. !>* 6. In connecting himself with a wife, let him care- fully avoid the ten following families, be they ever so great, or rich in kine, horses, sheep, grain, or (other) property,

7. (Viz.) one which neglects the sacred rites, one in which no male children (are born), one in which the Veda is not studied, one (the members of) which have thick hair on the bodv, those which are sub- ject to hemorrhoids, phthisis, weakness of digestion, epilepsy, or white and black leprosy.

8. Let him not marry a maiden (with) reddish (hair), nor one who has a redundant member, nor one who is sickly, nor one either with no hair (on the body) or too much, nor one who is garrulous or has red (eyes),

9. Nor one named after a constellation, a tree, or a river, nor one bearing the name of a low caste, or of a mountain, nor one named after a bird, a

traceable.' It is, however, very probable that gotra has a double mean- ing, vaidika and laukika gotra, and that, in the case of Brahmaraas, intermarriages between families descended from the same Rfchi, and, in the case of other Aryans, between families bearing the same name or known to be connected, are forbidden. Kull., Nar., and Ragh. hold that the first £a, ' and/ indicates that asagotra refers to the mother's side also, and Medh., Gov., Kull., Nar., and Ragh. think that on account of the second £a, the word asapMa must be taken to refer to the father's side also, and that thus intermarriages with the daughter of a paternal aunt or with the paternal grandfather's sister's descendants are forbidden. Maithune, 'for conjugal union' (Medh., Gov., Nar.), means according to Kull. and Ragh. ' for the holy rites to be performed by the husband and wife together.' Nand. reads amaithuni, ' one who is a virgin.' Regarding the term Sapi«</a, see below, V, 60.

7. Vi. XXIV, 11; Y&g%. I, 54.

8. Yfyn. I, 53; Vi. XXIV, 12-16.

Iii,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 Hawsa or of an elephant, a moderate (quantity of) hair on the body and on the head, small teeth, and soft limbs.

it. But a prudent man should not marry (a maiden) who has no brother, nor one whose father is not known, through fear lest (in the former case she be made) an appointed daughter (and in the latter) lest (he should commit) sin.

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 VaLyya, those two and one of his own caste (the wives) of a Kshatriya, those three and one of his own caste (the wives) of a Brijhma^a.

11. Yign. I, 53. 'Lest he should commit sin,' i.e. marry a Sagotra or one sprung from an illicit union. The translation follows Kull.,Nar., Ragh., and 'others' mentioned by Medh. But Medh. himself takes the verse differently, ' A prudent man should not marry a (maiden) who has no brother, if her father is not known (i.e. is dead or absent), through fear lest she be made an appointed daughter;' while Gov. explains it as follows, 'A prudent man should not marry a (maiden) who has no brother or whose father is not known, through fear lest she be made an appointed daughter.' According to the latter it would be possible, in case the father is not known, that she might be only the half-sister of her brother, and her real father, having no children, might make her an appointed daughter.

12. Vi. XXIV, 1-4; Baudh. I, 16, 2-5.

13. Y&gn. I, 56 ; Vas. I, 25-26.

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/za or of a Kshatriya, though they lived in the (greatest) distress.

15. Twice-born men who, in their folly, wed wives of the low (J9udra) caste, soon degrade their families and their children to the state of Madras.

16. According to Atri and to (Gautama) the son of Utathya, he who weds a ^udra woman becomes an outcast, according to .Saunaka on the birth of a son, and according to Bhrtgu he who has (male) offspring from a (vSudra female, alone).

17. A Brahma^a who takes a Sudra wife to his bed, will (after death) sink into hell ; if he begets a child by her, he will lose the rank of a Brahma^a.

18. The manes and the gods will not eat the (offerings) of that man who performs the rites in

14. Vas. I, 27; Gaut. XV, 18; Ap. I, 18, 33.

15. Vi. XXV, 6.

16. Baudh. II, 2-7. The above translation follows Medh., Gov., Nand., and Ragh. But Kull. takes the last clause differently, 'accord- ing to Bhrzgu on the birth of a son's son.' This version is supported, as a quotation given by Nar. shows, by the Bhavishya-purawa, which, as usual, paraphrases Manu's text, putrasya putram asadya -Saunaka^ judrataw gata^ I bhrzgvadayo 'py evam eva patitatvam av&pnuyu^ II There was, moreover, as this passage shows, an ancient explanation of our verse, according to which the various names of JZishis do not refer to authors of law-books, but to founders of Gotras. This view is adopted by Nar., and, according to him, the translation should run as follows : ■ (A man of the family) of Atri who weds a -Sudra female, becomes an outcast, (one of the race) of Utathya's son, on the birth of a son, and (one of) -Saunaka's or Bhrz'gu's (Gotras) by having no other but -Sudra offspring.' It ought to be noted that, according to Kull. alone, the three clauses refer to Brahmawas, Kshatriyas, and Vaijyas respectively. Ragh. particularly objects to this opinion, which, according to him, 'some' hold.

18. Vas. XIV, 11; Vi. XXV, 7.

Ill, 24. HOUSEHOLDER J MARRIAGE. 79

honour of the gods, of the manes, and of guests chiefly with a (6udra wife's) assistance, and such (a man) will not go to heaven.

19. For him who drinks the moisture of a 6udra s lips, who is tainted by her breath, and who begets a son on her, no expiation is prescribed.

20. Now listen to (the) brief (description of) the following eight marriage-rites used by the four castes (var^a) which partly secure benefits and partly pro- duce evil both in this life and after death.

21. (They are) the rite of Brahman (Brahma), that of the gods (Daiva), that of the i^zshis (Arsha), that of Pra^apati (Pra^apatya), that of the Asuras (Asura), that of the Gandharvas (Gandharva), that of the Rakshasas (Rakshasa), and that of the Pisa- /£as (Pai^a/^a).

22. Which is lawful for each caste (var^a) and which are the virtues or faults of each (rite), all this I will declare to you, as well as their good and evil results with respect to the offspring.

23. One may know that the first six according to the order (followed above) are lawful for a Brah- ma^a, the four last for a Kshatriya, and the same four, excepting the Rakshasa rite, for a Vai^ya and a 6udra.

24. The sages state that the first four are approved (in the case) of a Brahma/za, one, the Rakshasa (rite

21-34. Ap. II, 11, 17-21; Gaut. IV, 6-15; Vas. I, 17-35; Baudh. I, 20, 1-2 1, 23; Vi. XXIV, 18-28; Yagri. I, 58-61.

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.

So

LAWS OF MANU.

HI, 26.

%

in the case) of a Kshatriya, and the Asura (marriage in that) of a VaLsya and of a .Sudra.

25. But in these (Institutes of the sacred law) three of the five (last) are declared to be lawful and two unlawful ; the Pai^a^a and the Asura (rites) must never be used.

26. For Kshatriyas those before-mentioned two rites, the Gandharva and the Rakshasa, whether separate or mixed, are permitted by the sacred tradition.

27. The gift of a daughter, after decking her (with costly garments) and honouring (her by pre- sents of jewels), to a man learned in the Veda and of good conduct, whom (the father) himself invites, is called the Brahma rite.

28. The gift of a daughter who has been decked with ornaments, to a priest who duly officiates at a sacrifice, during the course of its performance, they call the Daiva rite.

29. When (the father) gives away his daughter according to the rule, after receiving from the bride- groom, for (the fulfilment of) the sacred law, a cow and a bull or two pairs, that is named the Arsha rite.

30. The gift of a daughter (by her father) after

26. ■ Mixed,' i. e. when a girl is forcibly abducted from her father's house after a previous understanding with her lover.

27. Nar. and Ragh. refer ar^ayitva, ' after honouring,' to the bridegroom, and take it in the sense of ' after honouring (the bride- groom with the honey-mixture).'

29. 'For the (fulfilment of) the sacred law,' i.e. 'not with the intention of selling his child' (Medh.); see also below, vers. 51-54. 'According to the rule,' i. e. ' pronouncing the words prescribed for making a gift ' (N&r.).

30. 'Has shown honour/ i. e. ' to the bridegroom by the honey- mixture' (Nar., Nand.).

Ill, 34. HOUSEHOLDER J MARRIAGE. 8 1

he has addressed (the couple) with the text, ' May both of you perform together your duties,' and has shown honour (to the bridegroom), is called in the Smn'ti the Pra^apatya rite.

31. When (the bridegroom) receives a maiden, after having given as much wealth as he can afford, to the kinsmen and to the bride herself, according to his own will, that is called the Asura rite.

32. The voluntary union of a maiden and her lover one must know (to be) the Gandharva rite, which springs from desire and has sexual intercourse for its purpose.

^2,- 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 PL^as.

31. ' According to his own will,' i. e. ' not in accordance with the injunction of the sacred law, as in the case of the Arsha rite' (Medh.,Gov., Kull, Nar., Nand.).

32. Gov. and Nar. here enter on a discussion of the question whether the prescribed offerings and wedding ceremonies are to be performed in the case of the Gandharva, Rakshasa, and Paija^a rites. Relying on a passage of Devala and of the Bahvrika. Grzhya- parLrishta (Saunaka) they are of opinion that the homas must be performed, at least in the case of Aryan couples. But they hold on the strength of Manu's dictum, VIII, 226, which restricts the use of the Mantras to women, married as virgins, that the Vedic nuptial texts must not be recited. From the comment of Medh. on verse 34 it would appear that the opinions on the subject were divided, and that some held weddings with the recitation of Mantras to be permissible, while others denied the necessity of any wedding.

[25] G

82 LAWS OF MANU. Ill, 35.

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 .Sish/as (good men).

40. Endowed with the qualities of beauty and goodness, possessing wealth and fame, obtaining as

35. Itaretarakamyaya, ' by (the expression of) mutual consent/ i.e. by the parents, means according to Medh. 'in consequence of the mutual desire of the bride and the bridegroom.' He mentions, however, the other explanation too. The text refers probably to customs like the sending of a cocoa-nut, which is usually adopted by Kshatriyas.

37-42. Vi. XXIV, 29-32; Gaut. IV, 29-33; Baudh. I, 21, 1; Ap. II, 12, 4 ; Yagn. I, 58-60, 90.

39. Regarding the explanation of the term -Sish/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.

111,46. HOUSEHOLDER; MARRIAGE. 83

many enjoyments as they desire and being most righteous, they will live a hundred years.

41. But from the remaining (four) blamable mar- riages spring sons who are cruel and speakers of untruth, who hate the Veda and the sacred law.

42. In the blameless marriages blameless chil- dren are born to men, in blamable (marriages) blamable (offspring) ; one should therefore avoid the blamable (forms of marriage).

43. The ceremony of joining the hands is pre- scribed for (marriages with) women of equal caste (var/za) ; know that the following rule (applies) to weddings with females of a different caste (var/za).

44. On marrying a man of a higher caste a Kshatriya bride must take hold of an arrow, a Vai^ya bride of a goad, and a 6udra female of the hem of the (bridegroom's) garment.

45. Let (the husband) approach his wife in due I season, being constantly satisfied with her (alone) ; he may also, being intent on pleasing her, approach her with a desire for conjugal union (on any day) excepting the Parvans.

46. Sixteen (days and) nights (in each month),

43. Vi. XXIV, 5-8 ; Y&gn. 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. Y&gn. I, 80-81; Ap. II, 1, 17-18; Gaut. V, 1-2 ; Vas. XII, 21-24 ; Vi. LXIX, 1; Baudh. IV, 17-19. Tadvrata^, ' being intent on pleasing her' (Medh., Kull.), means according to Nar. 'being careful to keep that rule (regarding the Parvans).' With respect to the Parvans, see below, IV, 128.

46. Ya^. I, 79. The days which the virtuous declared to be unfit for conjugal intercourse are the first four after the appearance of the menses. ^

G 2

84 LAWS OF MANU. HI, 47.

including four days which differ from the rest and are censured by the virtuous, (are called) the natural season of women.

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. Y&gn. 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, n ; Vas. I, 37-38; Baudh. I, 21, 2-3.

52. Medh. gives in the first place another explanation of this

111,59- householder; marriage. 85

53. Some call the cow and the bull (given) at an Arsha wedding 'a gratuity;' (but) that is wrong, since (the acceptance of) a fee, be it small or great, is a sale (of the daughter).

54. When the relatives do not appropriate (for their use) the gratuity (given), it is not a sale ; (in that case) the (gift) is only a token of respect and of kindness towards the maidens.

55. Women must be honoured and adorned by their fathers, brothers, husbands, and brothers-in-law, who desire (their own) welfare.

56. Where women are honoured, there the gods are pleased ; but where they are not honoured, no sacred rite yields rewards.

57. Where the female relations live in grief, the family soon wholly perishes ; but that family where they are not unhappy ever prospers.

58. The houses on which female relations, not I being duly honoured, pronounce a curse, perish j 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. _J

verse, which Nar. and Nand. consider the only admissible one : ' But those (male) relations who, in their folly, live on property ob- tained by (the sale of) women, (e. g.) carriages or beasts of burden and clothes (received for) females, commit sin, &c.' Nand. and K. read narir yanani, ' female slaves, carriages, &c.' The objection to Nar/s explanation is that nariyanani can hardly mean ' carriages received for females.' The reading 'narU' is obviously a conjec- tural emendation.

53. Ap. II, 13, 12; Vas. I, 36.

55-60. YSgn. I, 82.

58. Some copies of Medh. omit verses 58-66.

59. Instead of satkareshu (sawkareshu, Gov.), * on holidays/ like the Kaumudr, the Mahanamni, and so forth (Gov., Kull., Ragh.),

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 te 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/zas, (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 satkarewa, which, according to the former, means ' by kind speech.'

64. Baudh. I, 10, 28. Nar. says, 'by (keeping) beasts of burden, such as bullocks and horses.'

65. Baudh. I, 10, 26. Instead of kulany a\m vi/myanti, 'families . . . perish quickly ' (Gov., Kull.), Nar., Nand., and Ragh. read kulany akulataw yanti, ' (great) families lose their rank.'

66. Baudh. L 10, 29.

111,70. 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/za the sacrifice to the manes, the burnt oblation the sacrifice offered to the gods, the

67. Yagn. I, 97; Gaut. V, 7; Vi. LIX, 1; Baudh. II, 4, 22. 1 The domestic ceremonies,' i. e. ' all the rites prescribed in the Grz'hya-sutras.'

68. Vi. LIX, 19. The translation of upaskara^, ' the broom/ rests on the authority of Nar., who says, peshawena upakiraty a^uddhanity upaskaro 'vaskarahetu^ 1 sawmar^ani bhuyishMapipilikadihi#zsahe- tuk 11 The other commentators seem to take upaskara^ in its usual sense, ' a household implement,' as they explain it by kurc^aka/ahadi, 1 a pot, a kettle, and the like' (Medh.), kuwdasawmar^anyadi, ' a pot, a broom, and the like' (Kull.), sawmarg-anyadi, ■ a broom and the like' (Ragh.), uliikhalamusaladi, ' a mortar and pestle and the like' (K.). But it is clear from the context that one implement only is meant.

69. Vi. LIX, 20.

70. Ap. I, 12, 15-13, 1; Gaut. V, 3, 9; Baudh. II, 5, n; II, 11, 1-6; Vi. LIX, 21-25; Yagii. I, 102. By Bhutas either 'the gob- lins' or 'the living creatures' may be understood. Medh. takes it in the former sense. Nand. reads adhyayanam for adhyapanam, and adds adhyayanam eva 'dhyayanam, 'adhyayana is the same as adhyayana, studying.'

88

LAWS OF MANU.

Ill, 7r.

r

)

Ff

Bali offering that offered to the Bhutas, and the hospitable reception of guests the offering to men.

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.

j$. They call (these) five sacrifices also, Ahuta, Huta, Prahuta, Brahmya-huta, and Prasita.

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 Brah- ma/zas), the respectful reception of Brahma^a (guests), and Pranta (eaten) the (daily oblation to the manes, called) Tarpaz^a.

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' (Nar., Ragh.). Nand. reads bhutanam for bhrz'tyanam, as Nar. and Ragh. seem to have done.

73. Medh. remarks that these technical terms must belong to some particular Sakha of the Veda. Two of them occur in the beginning of Baudhayana's Grz'hya-sutra, Sacred Books of the East, vol. xiv, p. xxxi, and four in Paraskara's Grz'hya-sutra I, 4, 1, as well as in -Sahkhay ana's, I, 5, 1. Nar., Nand., and K. read Brahmahuta in this and the next verses.

Ill, 81. HOUSEHOLDER ; DAILY RITES. 89

of sacrifices, supports both the movable and the immovable creation.

j6. An oblation duly thrown into the fire, reaches the sun ; from the sun comes rain, from rain food, therefrom the living creatures (derive their sub- sistence).

j J. As all living creatures subsist by receiving support from air, even so (the members of) all orders subsist by receiving support from the householder.

j8. Because men of the three (other) orders are daily supported by the householder with (gifts of) sacred knowledge and food, therefore (the order of) householders is the most excellent order.

79. (The duties of) this order, which cannot be practised by men with weak organs, must be carefully observed by him who desires imperishable (bliss in) heaven, and constant happiness in this (life).

80. The sages, the manes, the gods, the Bhutas, and guests ask the householders (for offerings and gifts) ; hence he who knows (the law), must give to them (what is due to each).

81. Let him worship, according to the rule, the sages by the private recitation of the Veda, the gods by burnt oblations, the manes by funeral offerings

76. Vas. XI, 13.

77-78. Vas. VIII, 14-16; Vi. LIX, 27-28.

78. Medh. points out that this verse indicates that householders alone are, as a rule, to be the teachers of the Veda, not hermits or ascetics. He adds, however, that the Institutes of the Bhikshus prescribe that men of the latter two orders, too, shall teach. Simi- larly Nar. and Nand. point out that householders alone shall be teachers, ' except in times of distress' (Nand.).

79. ' Of weak organs/ i.e. 'of uncontrolled organs' (Medh., Gov., KulL). Some MSS. of Medh. and Nand. read atyantam, ' exces- sive/ for nityam, ' constant.'

80. Vi. LIX, 29. 81. Y8gn. I, 104.

90 LAWS OF MANU. 111,82.

(•Sraddha), men by (gifts of) food, and the Bhutas by the Bali offering.

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 6raddha), which belongs to the five great sacrifices; but let him not feed on that (occasion) any Brahma^a on account of the Vaisva- deva offering.

84. A Brahma/za shall offer according to the rule (of his Grzhya-sutra a portion) of the cooked food destined for the Vaisvadeva in the sacred domestic fire to the following deities :

85. First to Agni, and (next) to Soma, then to both these gods conjointly, further to all the gods (Visve Deva^), and (then) to Dhanvantari,

86. Further to Kuhu (the goddess of the new- moon day), to Anumati (the goddess of the full-moon day), to Pra^apati (the lord of creatures), to heaven and earth conjointly, and finally to Agni Svish^akrzt (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/zas are to be fed at the daily -SYaddha, as is done at the Parva/za -Sraddha, see below, verse 125 seq. Nar. adds, vijvesha/zz devanaw nitya^raddhe priwanaw nastiti danitam II ' It is indicated (hereby) that the Visvedevas are not gladdened at the daily -Sraddha/ Medh., Nand., and Ragh. read kimkit, ' any (food),' for ka^it, ' any (Brahmawa).'

84. Ap. II, 3, 16; Gaut. V, 10 ; Vi. LXVII, 3 (see also the Grz'hya- sutras, quoted by Professor Jolly on the last passage). The term

• a Brahmawa ' is not intended to exclude other Aryans (Medh., Nand., Kull., Ragh.).

85. Each offering must be presented with a mantra, consisting of the name of the deity in the dative case and the word ' svaha.'

111,91. householder; daily rites. 91

87. After having thus duly offered the sacrificial food, let him throw Bali offerings in all directions of the compass, proceeding (from the east) to the south, to Indra, Yama, Varu^a, and Soma, as well as to the servants (of these deities).

88. Saying, ' (Adoration) to the Maruts,' he shall scatter (some food) near the door, and (some) in water, saying, ( (Adoration to the waters ; ' he shall throw (some) on the pestle and the mortar, speaking thus, ' (Adoration) to the trees/

89. Near the head (of the bed) he shall make an offering to Sri (fortune), and near the foot (of his bed) to Bhadrakali ; in the centre of the house let him place a Bali for Brahman and for Vastoshpati (the lord of the dwelling) conjointly.

90. Let him throw up into the air a Bali for all the gods, and (in the day-time one) for the goblins roaming about by day, (and in the evening one) for the goblins that walk at night.

91. In the upper story let him offer a Bali to Sarvatmabhuti ; but let him throw what remains (from these offerings) in a southerly direction for the manes.

87-92. Ap. II, 3, 12-15, 18-4, 9 ; Gaut. V, 11-17 ; Vi. LXVII, 4-22, 26.

89. UMrshake, 'near the head of the bed' (Medh., 'others/ Nar., Nand.), means according to Gov., Kull., and Ragh. ' in the north-eastern portion of the house, where the head of the Vastu- purusha, "the Lar," is situated.' Medh. says that the spot is known as the deva^arawa. The same authorities refer p&data^, 'at the foot/ to a spot in the south-west part of the building where the Lar keeps his feet.

9 1 . Pnsh/^av&stuni, ' in the upper story/ or (if the house has only one) ' on the top of the house ' (Medh.), may also mean according to Gov. and Nar. 'behind the house/ or according to Nand. ' outside the house.' Instead of ' Sarvatmabhuti ' (Kull.,

92

LAWS OF MANU.

Ill, 92.

92. Let him gently place on the ground (some food) for dogs, outcasts, Aa^alas (^vapa^), those afflicted with diseases that are punishments of former sins, crows, and insects.

93. That Brahma^a who thus daily honours all beings, goes, endowed with a resplendent body, by a straight road to the highest dwelling-place (i. e. Brahman).

94. Having performed this Bali offering, he shall first feed his guest and, according to the rule, give alms to an ascetic (and) to a student.

95. A twice-born householder gains, by giving alms, the same reward for his meritorious act which (a student) obtains for presenting, in accordance with ' the rule, a cow to his teacher.

Ragh.), Nar. and Nand. have ' Sarvanubhuti,' Gov. ' Sarvannabhuti.' NaT. mentions a various reading ' Sarvannabhuta/ which seems to have been also Medh.'s version. The same deity occurs ♦Sahkhayana Grzriya-sutra II, 14, where Professor Oldenberg has Sarvannabhuti, while the Petersburg Diet, gives Sarvanubhuti. Probably one of the last two readings is the original one, but without further parallel passages it is difficult to say which has to be chosen.

93. Instead of te^omurti^, c endowed with a resplendent body/ Kull. and Ragh. read te^omurti, ' (to the highest) resplendent (dwelling-place, i.e. Brahman).'

94. Vi. LIX, 14; LXVII, 27; Vas. XI, 5; Baudh. II, 5, 15; Yagn. I, 107. Bhikshave brahma£ari«e, ' to an ascetic and to a student' (Kull., Ragh.), may mean according to Medh. (who gives Kull.'s view also), either 'to a begging student' or 'to an ascetic who is chaste.' Gov. adopts the former explanation. 'According to the rule,' i. e. ' making him wish welfare ' (Medh., Nand.) ; see also Gaut. V, 18.

95. For vidhivad gurau or guroh, ' according to the rule, to his teacher,' Nand. reads agor yathavidhi, ' according to the rule to one who has no cow.' The var. lect. is mentioned by Medh. also. The ' rule ' referred to is, according to Gov. and Kull., that given Yagri. I, 204.

I

111,102. householder; daily rites. 93

96. Let him give, in accordance with the rule, to a Brahma/za who knows the true meaning of the Veda, even (a small portion of food as) alms, or a pot full of water, having garnished (the food with seasoning, or the pot with flowers and fruit).

97. The oblations to gods and manes, made by men ignorant (of the law of gifts), are lost, if the givers in their folly present (shares of them) to Brahma^as 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.

10 1. Grass, room (for resting), water, and fourthly a kind word ; these (things) never fail in the houses of good men.

102. But a Brahma/za who stays one night only is declared to be a guest (atithi) ; for because he stays (sthita) not long (anityam), he is called atithi (a guest).

96. Satkrz'tya, 'having garnished, &c.' (Kull., Ragh.), means according to Medh. and Gov. 'having honoured the recipient' (with fruits and flowers, Gov.).

97. Vas. Ill, 8.

99-118. Ap. II, 4, 11, 13-20; 6, 5-9; Gaut. V, 25-45; Vas. VIII, 4-5, 11-15; Baudh. II, 5, 11-18; 6, 36-37; Vi. LXVII, 28-46; Yagfi. I, 104-109, 1 1 2-1 13.

94 LAWS OF MANU. Ill, 103.

103. One must not consider as a guest a Brah- mao who dwells in the same village, nor one who

I seeks his livelihood by social intercourse, even though he has come to a house where (there is) a wife, and where sacred fires (are kept).

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. Sa#zgatika^, 'one who seeks his livelihood by social inter- course,' is, according to Gov., Kull., and Ragh., 'one who makes his living by telling wonderful or laughable stories and the like/ Medh. explains the word first by 'he who stays being a fellow- student (sahadhyayi),' and afterwards by ' a Vaisya, or -Sudra, or a friend who makes friends with everybody, possessing wonderful or laughable stories and the like, which are indicated by the word saffzgati/ Nar. says that sa#zgati means sambandha, ' connexion,' that sa/^gatika is 'one who comes for such a reason.' Perhaps the term might be rendered ' a visitor on business or pleasure.' According to Kull. and Ragh., the last clause, ' where (there is) a wife and sacred fires (are kept),' indicates, that a householder who has neither, need not entertain guests. But the words are taken differently by Gov. and Nar., ' nor him who travels with his wife or his fires' (tatha yatra yasya pravasino 'pi bharyagnayo va saha ga£/^anti l etadanyatamaw svagr/ha upasthitam agatam apyathi atithizrc na vidyat I natithidharmewar^ayet II Nar.).

107. Gaut.V, 38. 'The rule refers to the case when many guests

111,113. householder; daily rites. 95

beds, attendance on departure and honour (while they stay), to the most distinguished in the best form, to the lower ones in a lower form, to equals in an equal manner.

108. But if another guest comes after the Vabva- 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 (vantaUin).

no. But a Kshatriya (who comes) to the house of a Brahma^a is not called a guest (atithi), nor a Vai^ya, nor a .Sudra, nor a personal friend, nor a relative, nor the teacher.

in. But if a Kshatriya comes to the house of a Brahma^a in the manner of a guest, (the house- holder) may feed him according to his desire, after the above-mentioned Brahma/zas have eaten.

112. Even a VaLsya and a 6udra who have ap- proached his house in the manner of guests, he may I allow to eat with his servants, showing (thereby) his / compassionate disposition.

113. Even to others, personal friends and so forth, who have come to his house out of affection, he may

come at the same time.' Upasanam, ' honour (while they stay)/ i. e. ' sitting with them and talking to them ' (Medh.).

108. 'When the Vaijvadeva offering has been finished/ i.e. ' when the dinner of the guests is over.'

in. 'In the manner of a guest/ i.e. 'having consumed his provisions while on a journey, being an inhabitant of another village or arriving at meal-time ' (Medh., Gov., Kull.).

112. Nar. says, 'he may cause them to be fed by his servants in the same manner.'

9 6 LAWS OF MANU. JII,

I

give food, garnished (with seasoning) according to his ability, (at the same time) with his wife.

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.

1 1 6. After the Brahma^as, the kinsmen, and the servants have dined, the householder and his wife may afterwards eat what remains.

117. Having honoured the gods, the sages, men, the manes, and the guardian deities of the house, the householder shall eat afterwards what remains.

118. He who prepares food for himself (alone), eats nothing but sin ; for it is ordained that the food which remains after (the performance of) the sacrifices shall be the meal of virtuous men.

119. Let him honour with the honey-mixture a king, an officiating priest, a Snataka, the teacher, a son-in-law, a father-in-law, and a maternal uncle, (if they come) again after a full year (has elapsed since their last visit).

114. Suvasini^, 'to newly-married women,' i.e. 'daughters-in- law and daughters/ may also mean according to ' others/ quoted by Medh. and Gov., ' females whose fathers or fathers-in-law live.' Nand. reads svavasinU and explains it by ' sisters.'

1 19-120. Ap. II, 8, 5-9; Gaut.V, 27-30; Vas. XI, 1-2; Baudh. H, 6, 36-37; Y&gn. I, no.

119. Guru^, 'the teacher/ means according to Nar. 'the teacher or the sub-teacher.' Priya^, which according to Gov., Kull., and Ragh. means ' a son-in-law/ is taken by Nar. and Nand. in its etymological sense, ' a friend.'

in, T23. householder; sraddhas. 97

120. A king and a vSrotriya, who come on the performance of a sacrifice, must be honoured with the honey-mixture, but not if no sacrifice is being performed ; that is a settled rule.

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 Pitrzya^a, a Brahma^a who keeps a sacred fire shall offer, month by month, on the new-moon day, the funeral sacrifice (.5raddha, called) Pi^anvaharyaka.

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 -SYotriya, who come before a year since their last visit elapsed, on the occasion of a sacrifice, shall receive the madhu- parka. The term »Srotriya refers according to Medh. to a Snataka or to an officiating priest, according to others quoted by him to all the persons mentioned in the preceding verse, according to Gov., Kull., Nar., and Ragh. to a Snataka. The latter is probably the correct opinion, as a <Srotriya, i. e. one who knows a whole recension of the Veda, must be a Snataka. Medh. approves of the reading ya^wakarma^y upasthite.

1 a 1. Nand. omits this verse.

122. Yagii. I, 217; Gaut. XV, 2. The sacrifice intended by the term Pitr/ya^wa, 'sacrifice offered to the fathers,' is the so- called Piw^apitrzya^-na, a -Srauta rite (Ayvalayana, *Srauta-sutra II,. 6-7), and Pi/z^anvaharyaka is another name for the monthly *S"raddha.

[25] H j

98 LAWS OF MANU. Ill, 124.

cakes), and that must be carefully performed with the approved (sorts of) flesh (mentioned below).

124. I will fully declare what and how many Brahma^as must be fed on that (occasion), who must be avoided, and on what kinds of food (they shall dine).

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.

126. A large company destroys these five (advan- tages), the respectful treatment (of the invited, the propriety of) place and time, purity and (the selec- tion of) virtuous Brahma^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&gii. I, 228. The offering to the gods, mentioned in this verse, is an Ahga or subsidiary rite preceding the offering to the manes. Medh. takes the first part of this verse in a peculiar manner, ' One must feed two (Brahmawas) at the offering to the gods, and three (for each ancestor, or nine in all) at the offering to the manes, or one on either occasion (i.e. one at the offering to the gods and at the offering to the manes, one for each ancestor, or three in all).'

126. Vas. XI, 28; Baudh. II, 15, n.

127. Gov. reads vidhi^ kshaye for vidhukshaye, 'on the new- moon day/ and explains the first half of the verse as follows :

• The ceremony called the (sacrifice) to the manes (is) a rite for the benefit of the dead, (and) prescribed on the new-moon day

Ill, 132. HOUSEHOLDER ; SRADDHAS. 99

128. Oblations to the gods and manes must be presented by the givers to a 6Yotriya alone ; what is given to such a most worthy Brahma^a yields great reward.

129. Let him feed even one learned man at (the sacrifice) to the gods, and one at (the sacrifice) to the manes ; (thus) he will gain a rich reward, not (if he entertains) many who are unacquainted with the Veda.

1 30. Let him make inquiries even regarding the remote (ancestors of) a Brahma/za who has studied an entire (recension of the) Veda ; (if descended from a virtuous race) such a man is a worthy recipient of gifts (consisting) of food offered to the gods or to the manes, he is declared (to procure as great rewards as) a guest (atithi).

131. Though a million of men, unacquainted with the i?z'/£as, were to dine at a (funeral sacrifice), yet a single man, learned in the Veda, who is satisfied (with his entertainment), is worth them all as far as the (production of) spiritual merit (is concerned).

132. Food sacred to the manes or to the gods must be given to a man distinguished by sacred

or in the house, i.e. to be performed by householders, not by men of other orders.' Medh., too, mentions another reading, which he explains much in the same way as Gov., and which therefore may have been vidhi^ kshaye, though the MSS. read tithikshaye. 128. Vas. Ill, 8; Gaut. XV, 9.

130. Vi. LXXXII, 2. The examination must extend, as in the case of officiating priests, to ten ancestors on the mother's and the father's side (Medh., Gov.).

131. 'The ivV&is,' i.e. ' the Veda.' Nar. reads instead of prita^, ' who is satisfied,' yukta^, and combines it with dharmata^, ' who is properly invited.' Nand. has vipra^, ' a Brahmawa/ for prita^. K. has prima manu vipra^, sec. manu yukta^.

H 2

r"

L-

IOO LAWS OF MANU. Ill, 133.

knowledge ; for hands, smeared with blood, cannot be cleansed with blood.

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 grJ,hma;zas are devoted to (the pur- suit of) knowledge, and others to (the performance... of) austerities ; some to austerities and to the reci- tation of the Veda, and others to (the performance of) sacred rites.

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 Arigas,

133. Nar. thinks that the eater, not the giver of the feast will bear the punishment. Medh. gives both this explanation and that adopted in the translation. Nar. explains ri'sh/i, ' spear,' by kha^/ga, ' sword.' Nand. reads hulan for gudan, ' balls,' and says that hula means ' a double-edged sword.'

134. ' Knowledge,' i. e. ' the knowledge of the supreme soul' (Medh., Gov., Kull., Nar., Ragh.). Medh. and Nar. say that ascetics, hermits, students, and householders are intended by the four divisions mentioned in the text.

135. Vas. XI, 17; Baudh. II, 14, 3. The verse indicates that ascetics are particularly desirable guests.

136-137. Kull. remarks that the object of the verse is to teach that at a -Sraddha the learned son of a learned father is to be entertained, but not to permit the admission of a fool whose father is learned.

111,143- householder; sraddhas. ioi

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 6raddha a Brahma^a whom he considers neither as a foe nor as a friend.

1 39. He who performs funeral sacrifices and offer- ings to the gods chiefly for the sake of (gaining) friends, reaps after death no reward for 6raddhas and sacrifices.

140. That meanest among twice-born men who in his folly contracts friendships through a funeral sacrifice, loses heaven, because he performed a •SYaddha for the sake of friendship.

141. A gift (of food) by twice-born men, con- sumed with (friends and relatives), is said to be offered to the Pisa^as ; it remains in this (world) alone like a blind cow in one stable.

142. As a husbandman reaps no harvest when he has sown the seed in barren soil, even so the giver of sacrificial food gains no reward if he pre- sented it to a man unacquainted with the Rikas.

143. But a present made in accordance with the rules to a learned man, makes the giver and the

138-148. Ap. II, 17, 4-6; Gaut. XV, 12-14; Baudh. II, 14, 6; Ya^». I, 220.

141. Ap. II, 17, 8-9. According to Medh., Gov., Kull., and Ragh. paira/fci means ' offered after the manner of the PLya/fcas.' But the version given above, which follows Nar. and Nand., is supported by the ancient verse, quoted by Apastamba, from which Manu's Sloka is probably derived.

102

LAWS OF MANU.

Ill, fi

recipient partakers of rewards both in this (life) 2 after death.

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^tg-veda, who has studied one entire (recension of that) Veda, or a follower of the Ya^ur-veda who has finished one 6akha, or a singer of Samans who (likewise) has completed (the study of an entire recension).

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/za ; but when one performs a

148. Bandhum, 'a cognate kinsman* (Kull., Ragh.), is taken by Medh. and Gov. in its widest sense, * any remoter kinsman ' (sago- tradi/$).

149- Vi. LXXXII, 1-2.

in, 154- householder; sraddhas. 103

ceremony in honour of the manes, one must care- fully examine (the qualities and parentage of the guest).

150. Manu has declared that those Brahma^as who are thieves, outcasts, eunuchs, or atheists are unworthy (to partake) of oblations to the gods and manes.

151. Let him not entertain at a .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 ; Yagri. I, 222-224.

1 50. For the term nastikavrz'tti, ' atheist,' Medh. proposes, besides the explanation given above, the other equally possible one, ' he who derives his livelihood from atheists.'

151. Anadhiyanaw, ' one who has not studied the Veda/ i. e. 1 one who has been initiated only, but has not studied ' (Kull.), or 1 one who has not mastered the Veda ' (Medh.), or ' one who has left off studying' (Nar.). Medh. and Nand. read durvalam for durbalam, ' afflicted with a skin-disease,' and the former explains his var. lect. by 'a bald or a red-haired man.' 'Those who sacrifice for a multitude/ i. e. * who offer the (forbidden) Ahina sacrifices, for on that occasion there are many sacrificers' (Nar.).

154. Nirakr/ti/^/one who neglects the five great sacrifices '(Medh.,

104 LAWS OF MANU. Ill, 155.

marries or kindles the sacred fire before the elder, one who neglects the five great sacrifices, an enemy of the Brahma^a 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 .5udra 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- bhyantara^, ' one who belongs to a company or corporation/ i.e. ' of men who live by one trade ' (Medh., Gov., Nar.), is further ex- plained by Nar. by ' the headman of a village/ or ' the leader of a caravan.' According to Kull. and Ragh. it means 'one who misappropriates the money of a corporation.'

155. Kusilava, 'an actor or singer/ is, as Medh. states, a very wide term, including all ' bards, actors, jugglers, dancers, singers, and the like.' Kull. wrongly understands by avakirwin, ' one who has broken the vow of studentship/ an ascetic also who has become unchaste. Such an ascetic is called aru^apatita.

156. Vagdush/a^, 'one who speaks rudely/ means according to ' others/ quoted by Medh. and Kull., ' one who is accused of a great crime ' (abhi^asta).

157. According to Nar. guro/$, 'a teacher/ denotes the aHrya alone. Medh. blames this explanation, and refers it to the sub- teacher. The same explains kundasi, ' he who eats the food of the son of an adulteress/ by ' a glutton who eats sixty Palas of rice.'

Ill, 160. HOUSEHOLDER J SRADDHAS. 105

contracted an alliance with outcasts either through the Veda or through a marriage,

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 brothers widow, the be- trayer of a friend, one who subsists by gambling, he who learns (the Veda) from his son,

158. Agaradahi, 'an incendiary/ includes according to averse, quoted by Nand. also, ' one who burns corpses for money/ Ku/a- karaka/$, ' a suborner to perjury ' (Gov., Kull.), means according to Medh. and Ragh. 'a false witness/ according to Nar. and Nand. 'any one who commits fraud/ e.g. a forger, a falsifier of weights and measures. ' Others ' quoted by Medh. explain somavikrayin as 'one who sells (the merit gained by) Soma (sacrifices).'

159. 'He who wrangles or goes to law with his father/ e.g. who forces him to divide the family estate (Medh.), see Gaut. XV,
160. Kitava^, 'the keeper of a gambling-house' (Medh.), means according to Gov. and Nand. 'one who makes others play for himself,' according to Nar. ' a gambler for pleasure/ and according to Nand. ' a rogue.' ' Others/ however, read kekara^, ' a squinting man/ and construe it with madyapa^, ' a drunkard ' (Medh., Gov., Kull., Nar., Nand., Ragh.). Rasa, ' substances used for flavouring food/ e.g. ' sugar-cane juice ' (Gov., Kull, Ragh.), 'molasses' (Nar.). Medh. explains rasada^ by vishada^, ' a poisoner/

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

io6

LAWS OF MANU.

Ill, 161.

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 ^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 Smn'tis agredidhishu- pati has the meaning given by Kull., it seems here inadmissible, on account of verse 173, which is meaningless, if it is not meant to explain this term. Dyutavrz'tti^, ' one who subsists by gambling,' means according to Medh. ' one who makes others play for his profit/ according to Gov., Kull., and Ragh. 'the keeper of a gambling-house/ Nar. and Nand. take it in its literal meaning.

162. Pakshbaw poshaka/^, {a bird-fancier,' means according to Medh. ' a trainer of hunting-falcons and hawks/

164. The commentators mention a var. lect. vrzshalaputra^, 'one who has only sons by a -Sudra wife,' for • one who gains his subsist- ence from -Sudras.' Nar. and Nand. explain ga^anaw yag-aka^ by 'one who sacrifices for ga«as,' i.e. many people or guilds. Accord- ing to the explanation of Medh., Gov., Kull., and Ragh., which has been translated above, the performance of the Vinayaka or Ganesi- homa (Y&gn. I, 270-294) may be meant. But it is also possible to think of the Gawahomas, which according to Baudh. IV, 8, 1 must not be performed for others.

in, 171. HOUSEHOLDER J SRADDHAS. IO7

culture, a club-footed man, and he who is censured by virtuous men,

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.

170. The Rakshasas, indeed, consume (the food) eaten by Brahma^as who have not fulfilled the vow of studentship, by a Parivettrz and so forth, and by other men not admissible into the company.

171. He must be considered as a Pari vettrz 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 'defilers of the company/

170. Avratai/^, 'who have not fulfilled the vow of studentship' (Gov., Kull., Ragh.), means according to Medh. 'of bad conduct/ and according to Nar. ' who do not observe the rules prescribed for a Snataka and so forth/

171. Usually a person who kindles the sacred fire before his elder brother is called a Paryadhatrz, and the elder brother a Paryahita.

108 LAWS OF MANU. Ill, 172.

marries or begins the performance of the Agnihotra before his elder brother, but the latter as a Parivitti.

172. The elder brother who marries after the younger, the younger brother who marries before the elder, the female with whom such a marriage is contracted, he who gives her away, and the sacri- ficing priest, as the fifth, all fall into hell.

173. He who lasciviously dallies with the widow of a deceased brother, though she be appointed (to bear a child by him) in accordance with the sacred law, must be known to be a Didhishupati.

1 74. Two (kinds of) sons, a Ku^a and a Golaka, are born by wives of other men ; (he who is born) while the husband lives, will be a Ku»rfa, 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 re ward. 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

Ill, 183. HOUSEHOLDER J SRADDHAS. IO9

due for such a non-sacrificial gift, for as many Brah- ma^as as a (guest) who sacrifices for 6udras may touch (during the meal) with his limbs.

179. And if a Brahma^a, though learned in the Veda, accepts through covetousness a gift from such (a man), he will quickly perish, like a vessel of unburn t clay in water.

180. (Food) given to a seller of Soma becomes ordure, (that given) to a physician pus and blood, but (that presented) to a temple-priest is lost, and (that given) to a usurer finds no place (in the world of the gods).

181. What has been given to a Brahma//a who lives by trade that is not (useful) in this world and the next, and (a present) to a Brahma^a 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 -Sraddha' (Kull., Ragh.).

179.' From such a man/ i. e. 'from one who sacrifices for -Sudras/

180. The meaning is that the giver will be born in his next life among the animals, feeding on the unclean substances enumerated (Medh., Gov., Kull, Ragh.), or that the food will be rejected by the manes and the gods as impure (Nar.). Apratish/^am, ' finds no place' (Medh., Gov., Kull., Ragh.), means according to Nar. and Nand. ' secures no fame (to the giver).'

182. According to Medh., Gov., Kull., and Ragh., it must be understood that the giver will be born in his next existence as a worm, feeding on the substances mentioned.

183-186. Ap. II, 17, 22; Gaut. XV, 28, 31; Vas. Ill, 19 ; Baudh. II, 14, 2-3; Vi. LXXXIII; Yagfi. I, 219-221.

IIO LAWS OF MANU. 111,184.

a company defiled by (the presence of) unworthy (guests) is purified, and the full (description of) the Brahma^as who sanctify a company.

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 Trma&keta, one who keeps five sacred fires, a Trisupama, one who . is versed in the six Angas, the son of a woman married according to the Brahma rite, one who sings the Gyesh/^asaman,

1 &6. One who knows the meaning of the Veda, and he who expounds it, a student, one who has given a thousand (cows), and a centenarian must be con- sidered as Brahma^as who sanctify a company.

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 Tri«a/£iketa, see Ap. II, 17, 22, note. Vankagni/iy ' one who keeps five sacred fires' (Medh., 'others/ Gov., Kull., Nand., Ragh.), means according to Medh. and Nar. 'one who knows the parcMgnividya, taught in the A^andogyopanishad IV, 10 seq. Trisupanza means according to Medh., Nar., and Nand. ' one who knows the texts Taitt. Ar. X, 38-40 ; but according to Gov., Kull., and Ragh. 'one who knows the portion of the Rig-veda called Trisuparwa, Rig-veda X, 114, 3-5.

186. Nand. explains brahma£ari, 'a student,' by 'a chaste man' (see above, verse 50).

187. Ap. II, 17, 11-15; Vas. XI, 17; Yagn. I, 225.

188. Gaut. XV. 23 ; Yagn. I, 225. 'Control himself,' i.e. 'remain chaste/

Ill, 195. HOUSEHOLDER ; SRADDHAS. 1 1 I

189. For the manes attend the invited Brahma/zas, follow them (when they walk) like the wind, and sit near them when they are seated.

190. But a Brahma/za who, being duly invited to a rite in honour of the gods or of the manes, in any way breaks (the appointment), becomes guilty (of a crime), and (in his next birth) a hog.

191. But he who, being invited to a .Sraddha, dallies with a 6iidra woman, takes upon himself all the sins which the giver (of the feast) committed.

192. The manes are primeval deities, freejfrom 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/zyagarbha.

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 atikraman, ' breaks the appointment' (Gov., Kull., Nar., R&gh.), by ' breaks the rules of chastity and the like.' Medh. mentions a second ' improper' explanation given by 'others/ ' does not accept the invitation.'

191. Medh., Gov., Nand., and Ragh. take vrzshali, 'a Sudra woman/ in the sense of ' his lascivious wife.' Probably the word is used in its proper sense and indicates, as Nar. states, that inter- course with a *Sudra wife is the worst offence in such a case.

194. 'MarUi and the rest,' see above, I, 35.

195. Nar., Nand., and K. prima manu read Somasuta/^ for Somasada^.

rim! s

I I 2 LAWS OF MANU. Ill, 196.

vattas, the children of Mari/£i, are famous in the world (as the manes) of the gods.

196. The Barhishads, born of Atri, are recorded to be (the manes) of the Daityas, Danavas, Yakshas, Gandharvas, Snake-deities, Rakshasas, Supar/zas, and Kiwnaras,

197. The Somapas those of theBrahma^as,theHa- virbhu£*s those of the Kshatriyas, the A^yapas those of the VaLsyas, but the Sukalins those of the .Sudras.

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) of Vasish^a.

199. One should know that (other classes), the Agnidagdhas, the Anagnidagdhas, the Kavyas, the Barhishads, the Agnishvattas, and the Saumyas, are (the manes) of the Brahma^as alone.

200. But know also that there exist in this (world) countless sons and grandsons of those chief classes of manes which have been enumerated.

201. From the sages sprang the manes, from the manes the gods and the Danavas, but from the gods the whole world, both the movable and the immov- able in due order.

V 202. Even water offered with faith (to the manes)

199. Medh. and Gov. place the Anagnidagdhas first. Nar. reads at the end of the first half- verse bahun, ' many/ instead of tatha, and Nand. has vahan. The translation follows the explanation given by Gov., Kull., and Ragh. The other three commentators say that this verse gives partly different names for the several classes of manes, enumerated in the preceding verses. But their explana- tions are not very clear, and they are forced to ignore or transpose the particle eva which stands after viprawam. The verse probably contains a second classification of the manes, which differs from the preceding, because it is based on a different tradition.

202. Akshayayapakalpate, 'produces endless (bliss),' (Gov., Kull.),

111,207. householder; sraddhas. 113

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 .Sraddhas), 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 ,5raddha) begin and end with (a rite) in honour of the gods ; it shall not begin and end with a (rite) to the manes ; for he who makes it begin and end with a (rite) in honour of the manes, soon perishes together with his progeny. *

206. Let him smear a pure and secluded place i 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 Vai^vadeva 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 Brahmawas, fed at the Vawvadeva which precedes the -SYaddha, must be invited and served before and dismissed after the Brahma/zas entertained in honour of the manes (Medh., Kull., Nar.). See also below, verse 209.

206. Ap. II, 18, 14; Gaut. XV, 25; Yagii. I, 227.

207. Vi. LXXXV, 54-63. iToksheshu, ' naturally pure' (Medh.,

[25] I

ir

*■

114 LAWS OF MANU. Ill, 208.

208. The (sacrificer) shall make the (invited) Brahma/zas, who have duly performed their ablu- tions, sit down on separate, prepared seats, on which blades of Kusa. grass have been placed.

209. Having placed those blameless Brahma/zas on their seats, he shall honour them with fragrant garlands and perfumes, beginning with (those who are invited in honour of) the gods.

210. Having presented to them water, sesamum grains, and blades of Ku^a grass, the Brahma^a (sacrificer) shall offer (oblations) in the sacred fire, after having received permission (to do so) from (all) the Brahma^a (guests) conjointly.

211. Having first, according to the rule, performed, as a means of protecting (the 6raddha), oblations to Agni, to Soma, and to Yama, let him afterwards satisfy the manes by a gift of sacrificial food.

212. But if no (sacred) fire (is available), he shall place (the offerings) into the hand of a Brahma^a ; for Brahma^as who know the sacred texts declare, 1 What fire is, even such is a Brahma^a.'

213. They (also) call those first of twice-born men the ancient deities of the funeral sacrifice, free from anger, easily pleased, employed in making men prosper.

Gov., Kull., Nar.) or 'lovely' (Nand., Ragh.), ' such as forest glades' (Kull.).

208. Ya^ra. I, 226. 209. Vi. LXXIII, 2; YSgn. I, 231.

210. Vi. LXXXIII, 5; Ap. II, 17, 17-19; Baudh. II, 14, 7; Ya^w. I, 229.

211. Vi. LXXIII, 12; Baudh. II, 14, 7.

212. Afvalayana Grzhya-sutra IV, 8, 5-6. Cases, where a sacred fire is wanting, are those in which a child, an unmarried man, or a widower perform a »Sraddha (Medh., Kull., Nar.).

213. The object of the verse is to show why the offerings may

111,217. 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 Kusa, grass for the sake of the (three ancestors) who partake of the wipings (lepa).

217. Having (next) sipped water, turned round (towards the north), and thrice slowly suppressed

be placed into the hands of the guests. The epithet ' ancient' is explained to mean * produced in the kalpa when the Sadhyas were created' (Medh.), or 'those whose succession has been uninterrupted since immemorial times' (Gov., Kull, Ragh.), or 'those who were produced before all other castes' (Nar.), or 'those who receive gifts before others' (Ragh.). Medh. prefers, however, to read pura- tana^, 'the ancients call,' &c, and this seems to have stood in Nand.'s text too.

214. ' The whole series of ceremonies,' i.e. ' the acts of sprinkling water and strewing Kusa grass round the fire and so forth, which are subsidiary to the oblations in the fire.' Apasavyam, ' in such a manner that they end in the south' (dakshiwasawstham), means according to Nar., pra/£inavitena, ' passing the sacrificial string over the right shoulder and under the left arm.' Apasavyena hastena, 'with his right hand' (Medh. 'others,' Kull, Ragh.), means accord- ing to Medh., Gov., Nar., and Nand.,' out of the Tirtha of the right hand which is sacred to the manes' (see above, II, 59).

216. The three ancestors meant are the great-grandfather, his father and grandfather; seeVi. LXXIII, 22.

217. The texts to be pronounced are, 'Adoration to Spring !'&c,

I 2

n6

LAWS OF MANU.

Ill, 218.

his breath, (the sacrificer) who knows the sacred texts shall worship (the guardian deities of) the six seasons and the manes.

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/zas 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/za (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 6Yaddha (as a guest), or (the

and afterwards, ' Adoration to you, oh manes ! ' &c. Before he recites the latter texts, the worshipper must turn round towards the south.

218. Vi. LXXIII, 23. ' The remainder of the water,' i. e. ' which is contained in the vessel from which he took the water for sprinkling the ground' (verse 214).

219. 'Those seated Brahmawas,' i.e. 'those invited for the funeral rite, not those invited for the preceding rite in honour of the gods.' i According to the rule/ i. e. ' giving to the representa- tive of the father a piece from the cake offered to the manes of the father and so forth' (Kull.), or ' after they have sipped water and so forth' (Nar.). Nand. inserts here verse 223, and states that it is explanatory of the term ' according to the rule.'

220. Vi. LXXV, 1, 4. Nar. adds that this case happens when a son has kindled the sacred fire during his father's lifetime, because then the Pi/zdapitrzya^a and afterwards the Parvawa *Sraddha must be performed.

221-222. Vi. LXXV, 6.

i

Ill, 229. HOUSEHOLDER J SRADDHAS. I I 7

grandson) having received permission, may perform it, as he desires.

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 j\

food with his foot nor violently shake it. ))D^T

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; Yagn. I, 239. Avadhu- nayet, 'nor violently shake it,' is explained according to Medh. by 'others,' 'nor remove the dust with his dress.' Nand. places verse 230 immediately after verse 228.

I 1 8 LAWS OF MANU. Ill, 230.

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/zas, 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;zas, cause them to partake gradually and slowly (of each dish), and repeatedly invite (them to eat) by (offering) the food and (praising) its qualities.

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. Yagn. I, 239. Brahmodya^ katha-6, 'let him give riddles from the Veda,' such as those collected in the Awalayana *Srauta- sutra X, 9, 2 (Medh., Nand.). Medh. thinks that the term brahmodya may also refer to Vedic stories, such as that of the fights of the Devas and Asuras, or of Sarama and the Pams, and he mentions a var. lect. brahmadya^, 'conversations regard- ing the Brahman, the supreme soul/ This latter explanation is adopted by Gov., Kull, Nar., and Ragh., though the text every- where has brahmodya^. As the Brahmodya-riddles were a favourite recreation of the priests during the tedious performance of their sacrifices, it is not doubtful that the explanation given in the trans- lation is the only admissible one.

232. Baudh. II, 14, 5; Vi. LXXIII, 16; Ya^n. I, 239^ 'Khilas,' i. e. ' the apocrypha of the Veda, such as the -Srisukta.' ' Akhyanani legends, such as the Sauparwa, the Maitravaruwa' (Medh., Gov., Kull., Ragh.), or 'such as occur in the Brahma«as' (Nar.), or ■ the death of Kawsa and so forth' (Nand.).

J 111,242. householder; sraddhas.

no

hp

235. There are three means of sanctification, (to be used) at a 6raddha, a daughter's son, a Nepal blanket, and sesamum grains ; and they recommend three (other things) for it, cleanliness, suppression of anger, and absence of haste.

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.

259. A Aa#dala, a village pig, a cock, a dog, a | menstruating woman, and a eunuch must not look at the Brahma^as while they eat. >^jf

240. What (any of) these sees at a burnt-oblation, at a (solemn) gift, at a dinner (given to Brahma/zas), or at any rite in honour of the gods and manes, that produces not the intended result.

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, n, 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 -Sudra.'

242. Vi. LXXXI, 15-16. According to Medh., Gov., and Kull., \

120 LAWS OF MANU. 111,243.

in a limb, or one with a redundant limb, be even the servant of the performer (of the .Sraddha), he also must be removed from that place (where the .Sraddha is held).

243. To a Brahma/za (householder), or to an ascetic who comes for food, he may, with the per- mission of (his) Brahma^a (guests), show honour according to his ability.

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, 21.

245. Vas. XI, 23-24; Vi. LXXXI, 22. Regarding the burial of children, see below, V, 69. Tyaginaw kulayoshitaw, ' of those who unjustly forsook noble wives' (Medh., Kull.), may also mean, according to Ragh. and to ' others,' quoted by Medh. and Kull., 1 of those who forsook their Gurus and of unmarried maidens ; ■ according to Gov., ' of women who forsook their families ; ' according to Nar., 'of suicides and childless women.' Nand. explains the first word by ' of ascetics.'

246. Vi. LXXXI, 23.

111,251. HOUSEHOLDER J-SRADDHAS. 121

247. But before the performance of the Sapi^i- kara/za, one must feed at the funeral sacrifice in honour of a (recently-) deceased Aryan (one Brah- ma/za) without (making an offering) to the gods, and give one cake only.

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 •Sriddha(-dinner), gives the leavings to a .Sudra, falls headlong into the Kalasutra hell.

250. If the partaker of a .Sraddha(-dinner) enters on the same day the bed of a ,5udra female, the manes of his (ancestors) will lie during that month in her ordure.

251. Having addressed the question, ' Have you dined well V (to his guests), let him give water for sipping to them who are satisfied, and dismiss them, after they have sipped water, (with the words) ' Rest either (here or at home) ! '

247. Vi. XXI, 2-12, 19; Y&gri. I, 250. The Sapi#attkara#a, 'the solemn reception of a dead person among the partakers of the funeral oblations,' is performed either on the thirteenth day or a year after the death. Up to the time of its performance the -Sraddhas are so-called Ekoddish/as, ' performed for one person only.' Medh., Gov., Nar., Nand., and K. read the first word of the verse asapiwdakriyakarma, and according to this var. lect. the trans- lation must be, ' The rite for persons not made Sapiwtfas (i. e. the Ekoddish/a *Sraddha, must be performed) for an Aryan (recently) deceased ; (on that occasion) one must/ &c.

250. Medh., Gov., Kull., and Ragh. take vnshali, 'a -Sudra female' (Nar.), in the sense of 'a seducing woman' (vrzshasyanti).

251. Y&gn. I, 242 ; Vi. LXXIII, 26-27. Kull. reads abhi bho ramyatam, 'Ho, take rest!' and Ragh., abhito gamyatam, 'Go where you please ! '

122

LAWS OF MANU.

Ill, 252.

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 Brahma^as let him dispose (of that), as they may direct.

254. At a (6Yaddha) in honour of the manes one must use (in asking the guests if they are satisfied, the word) svaditam ; at a Gosh/^i-^rraddha, (the word) sumitam ; at a Wz'ddhi-jraddha, (the word )sampan- nam ; and at (a rite) in honour of the gods, (the word) rii/£itam.

255. The afternoon, Ku^a grass, the due prepara- tion of the dwelling, sesamum grains, liberality, the careful preparation of the food, and (the company of) distinguished Brahma^as are true riches at all funeral sacrifices.

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. Yagn. 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 goshMe, ' at a GoshMi-jraddha' (Kull., Ragh.), by ' in a cow-pen' (goshu tish/$antishu, gogawamadhye), and Nar. by gosh/^e gomawdalarthaw gosht/ie brahma«abho£-ane. Abhyudaya or Vrz'ddhwraddhas are those performed on joyful occasions, such as marriages.

256. Pavitram, 'purificatory texts,' means according to Nar. 'other means of purification, such as barley and water.' Nand. reads darbhapavitraw, ' blades of Kura grass.' ' Those means of purification mentioned above,' i.e. 'the preparation of the house

Ill, 261. householder; sraddhas. 123

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/zas, let him, with a concentrated mind, silent and pure, look towards the south and ask these blessings of the manes :

259. ' May liberal men abound with us! May (our knowledge of) the Vedas and (our) progeny increase ! May faith not forsake us ! May we have much to give (to the needy)!'

260. Having thus offered (the cakes), let him, after (the prayer), cause a cow, a Brahma^a, a goat, or the sacred fire to consume those cakes, or let him throw them into water.

261. Some make the offering of the cakes after (the dinner); some cause (them) to be eaten by birds or throw them into fire or into water.

and so forth.' Nand. reads havishyam fa jaktita^, ' sacrificial viands (prepared) according to one's ability.'

257. Anupaskntam, ' which is not prepared (with spices),' (Gov., Nar.), means according to Nand. ' not dressed as people usually do,' according to Kull. and Ragh. ' not tainted by a bad smell,' and according to Medh. ' not forbidden, such as meat from a slaughter- house.' ' Salt unprepared by art,' i. e. ■ rock salt or salt from the sea' (but not Bida., N&r.).

259. Ya.gn. I, 245; Vi. LXXIII, 28.

260. Yagii. I, 256. 'Thus/ i.e. as described in verse 215.

261. Baudh. II, 14, 9. According to the MSS. and editions the word translated in accordance with the clear explanations of Medh., Kull., and K., and with the requirements of the context, by 'after (the dinner),' is purastat. As purastat always means ' before,' it would seem that the real reading of the three commentators was like that of Ragh.'s commentary * parastat,' the sense of which perfectly agrees with their explanation.

124 LAWS OF MANU. 111,262.

262. The (sacrificer's) first wife, who is faithful and intent on the worship of the manes, may eat the middle-most cake, (if she be) desirous of bearing a son.

263. (Thus) she will bring forth a son who will be long-lived, famous, intelligent, rich, the father of numerous offspring, endowed with (the quality of) goodness, and righteous.

264. Having washed his hands and sipped water, let him prepare (food) for his paternal relations and, after giving it to them with due respect, let him feed his maternal relatives also.

265. But the remnants shall be left {where they lie) until the Brahma^as have been dismissed; afterwards he shall perform the (daily) domestic Bali- offering ; that is a settled (rule of the) sacred law.

266. I will now fully declare what kind of sacri- ficial food, given to the manes according to the rule, will serve for a long time or for eternity.

267. The ancestors of men are satisfied for one month with sesamum grains, rice, barley, masha beans, water, roots, and fruits, which have been given according to the prescribed rule,

268. Two months with fish, three months with the meat of gazelles, four with mutton, and five indeed with the flesh of birds,

Nar. and Nand. clearly read purastat, and explain it by prak, ' before.' But the meaning, thus obtained, is not good, because it stands to reason that the custom mentioned here should differ from that described above, verse 218 seq.

264. This is to be done after the cakes have been made and placed (Medh., Nand.). Medh., Gov., Nand. read pu^ayet, ' let him honour,' instead of ' let him feed.'

267-272. Ap. II, 16, 23-17, 3; Gaut. XV, 15; Vi.LXXX; Yagfi. I, 257-259.

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) Kalasaka, (the fish called) Mahasalka, the flesh of a rhinoceros and that of a red goat, and all kinds of food eaten by hermits in the forest serve for an endless time.

273. Whatever (food), mixed with honey, one gives on the thirteenth lunar day in the rainy season under the asterism of Magha^, that also procures endless (satisfaction).

2 74. ' May such a man (the manes say) be born in our family who will give us milk-rice, with honey and clarified butter, on the thirteenth lunar day (of the month of Bhadrapada) and (in the afternoon) when the shadow of an elephant falls towards the east/

269. Gov. states the Ruru is the -Sambara, or Sambar stag.

271. Nar. explains vardhrfoasa, which Medh., Gov., Kull., and Ragh. declare, on the strength of a verse, to be a white goat, by 1 a black-necked, white-winged bird with a red head,' and quotes another nigama in favour of his view ; see also Ap. II, 17, 3, where the crane called Vardhrawasa (var. lect. Vardhrfoasa) is mentioned.

272. Another name of the pot-herb Kalaj-aka is according to Medh. Knsrwavasudeva, according to Nand. KWsrmanimba. The Maha^alka is the prawn. Others mentioned by Medh. read sa-ralkan.

273. Vi. LXXVI, 1; Ya^w. I, 260. The day meant is Bha- drapada Badi 13.

274. Vi. LXXVIII, 51-52 ; Vas. XI, 40. Gov. omits this verse.

126 LAWS OF MANU. 111,275-

275. Whatever (a man), full of faith, duly gives according to the prescribed rule, that becomes in the other world a perpetual and imperishable (gratifica- tion) for the manes.

276. The days of the dark half of the month, beginning with the tenth, but excepting the four- teenth, are recommended for a funeral sacrifice ; (it is) not thus (with) the others.

277. He who performs it on the even (lunar) days and under the even constellations, gains (the fulfilment of) all his wishes ; he who honours the manes on odd (lunar days) and under odd (constella- tions), obtains distinguished offspring.

278. As the second half of the month is prefer- able to the first half, even so the afternoon is better for (the performance of ) a funeral sacrifice than the forenoon.

Medh. says that ' others ' improperly explain prak^aye ku^arasya, ' (in the afternoon) when the shadow of an elephant falls towards the east' (Kull., Nar., Ragh.), by 'during an eclipse.' He also mentions a var. lect. prak^ayam. It seems, however, by no means certain that the explanation, adopted by him and most commen- tators, is the correct one. It is much more probable that a particular day (see Vi^wanejvara on Yagri. I, 217) is meant. The thirteenth lunar day is, of course, the thirteenth of the dark half of Bhadrapada, the day of the Mahalaya -Sraddha.

276. Ap. II, 17, 6 ; Gaut. XV, 3 ; Yagri. I, 263; Vas. XI, 16. The reason why the fourteenth is excepted, is given Vi. LXXVIII, 50, and Yagii. loc. cit.

277. Ap. II, 17, 8-22; Gaut. XV, 4 ; Vi. LXXVIII, 8-49; YSgn. I, 267. I read with Medh., Gov., Nand., Ragh., and K. pitrm ar^an, which, to judge from the commentary, must have been Kull.'s reading also, instead of the senseless pitrzh sarvan of the editions. Nand. adds five verses and a half which give the details with respect to the rewards obtained by performing the -Sraddhas on particular lunar days. They are clearly an interpolation.

278. Ap. II, 17,5.

in, 284. householder; sraddhas. 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 Kara 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 Tirtha of the hand, that is sacred to the manes.' Medh. and Gov. think that a" nidhanat, ' up to the end (of the ceremony)/ (Kull., Nar., Nand., Ragh.), means 1 until death.'

280. Ap. II, 17, 23. 284. Y&gii. I, 268.

128 LAWS OF MANU. 111,285.

285. Let him daily partake of the vighasa and daily eat amrzta (ambrosia); but vighasa is what remains from the meal (of Brahma^a guests) and the remainder of a sacrifice (is called) amnta.

286. Thus all the ordinances relating to the five (daily great) sacrifices have been declared to you ; hear now the law for the manner of living fit for Brahma^as.

Chapter IV.

1. Having dwelt with a teacher during the fourth part of (a man's) life, a Brahma^a shall live during the second quarter (of his existence) in his house, after he has wedded a wife.

*• 2. A Brahma^a must seek a means of subsistence which either causes no, or at least little pain (to others), and live (by that) except in times of distress.

3. For the purpose of gaining bare subsistence, let him accumulate property by (following those) irreproachable occupations (which are prescribed for) his (caste), without (unduly) fatiguing his body.

4. He may subsist by Rtta. (truth), and Amrita.

285. Medh. and Nar. seem to have read bhn'tyajeshaw, 'what remains after those who must be supported (have been fed).' The former mentions the other reading too.

IV. 2. Medh., Gov., Kull., Nar., and Ragh. particularly state that droha and adroha are not equivalent to himssL and ahi^zsa, because 'injury to living beings ' is forbidden under any circumstances. What is meant by droha is the pain caused to others by importunate begging. Hence the meaning of Manu is that householders shall, if possible, not subsist by begging, but rather by gleaning corn. Nand., however, explains droha by hiwsa, and the following verses favour his opinion.

3. 'For the purpose of gaining bare subsistence, but not in order to procure many enjoyments for himself/

IV, 9. householder; subsistence. 129

(ambrosia), or by Mma (death) and by Pramrzta (what causes many deaths) ; or even by (the mode) called Satyanrzta (a mixture of truth and falsehood), but never by Svavritti (a dog's mode of life).

5. By 7?/ta shall be understood the gleaning of corn ; by Amrzta, what is given unasked ; by Mrzta, food obtained by begging ; and agriculture is declared to be Pramr/ta.

6. But trade and (money-lending) are Satyanr/ta, even by that one may subsist. Service is called Svavrztti ; 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. Yagri. I, 128. The first two clauses are variously interpreted. The first means according to Medh., ' he may keep a store of grain or other property, sufficient to maintain a large family, many servants and animals during three years ;' according to Gov., 'a store of grain sufficient for twelve days ; ' according to Kull. and Ragh., ■ a store sufficient to fill a granary which holds a supply for three years or more ; ' and according to Nar., ' a store sufficient for a year, six months, or three months.' The second clause is interpreted by Medh. as ' a store sufficient for six months ; ' by Gov. and Nar. as ' a store sufficient for six days ; * and by Kull. and Ragh. as ' a sufficiency for one year.' For other explanations of the term Kum- bhidhanya, see Baudh. I, 1, 5 note. Nand. reads dvyahaihika/^, * or he may collect what suffices for two days/

9. { Six occupations,' i. e. ' gleaning corn, acceptance of gifts

[»6] K

130

LAWS OF MANU.

IV, io.

10. He who maintains himself by picking up grains and ears of corn, must be always intent on (the performance of) the Agnihotra, and constantly offer those Ish^is only, which are prescribed for the days of the conjunction and opposition (of the moon), and for the solstices.

n. Let him never, for the sake of subsistence, follow the ways of the world ; let him live the pure, straightforward, honest life of a Brahma/za.

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/za, who is a Snataka and subsists by one of the (above-mentioned) modes of life, must

given unasked, begging, agriculture, trade, and teaching ' (Medh.), or ' those mentioned in verses 5-6 ' (Gov.), or ' those mentioned in verses 5-6, excepting service and with the addition of money- lending ' (Kull., Ragh.), or ' those enumerated in verses 5-6, and those six, mentioned above, I, 88 ' (Nar.), or * those mentioned above, I, 88 ' (Nand.). ' Subsists by three/ i. e. ■ by the first three, mentioned in verses 5-6 ' (Medh.), or ' by teaching, sacrificing, and accepting gifts' (Gov., Kull., Ragh., Nand.), or 'by teaching, sacrificing and accepting gifts, and by the first three, mentioned in verses 5-6 ' (Nar.). ■ One by two,' i. e. ' by gleaning and ac- cepting voluntary gifts ' (Medh.), or ' by sacrificing and teaching ' (Gov., Kull., Ragh., Nand.), or 'by gleaning ears and single grains ' (Nar.). ' The Brahmasattra,' i. e. ' gleaning either ears or single grains' (Nar.), or 'teaching' (Gov., Kull., Ragh., Nand.). Elsewhere the term Brahmasattra is applied to the daily recitation of the Veda, and it probably means here ' teaching.'

10. The Agnihotra, i.e. the daily morning and evening oblations in the sacred fire or fires. The sacrifices intended are the Darca- paur«amasas and the Agraya«as.

11. Yagn. 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.

IV, 19. HOUSEHOLDER ; RULES FOR A SNATAKA. 131

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. — ^

1 7. Let him avoid all (means of acquiring) wealth which impede the study of the Veda ; (let him main- tain himself) anyhow, but study, because that (de- votion to the Veda-study secures) the realisation of his aims. x

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. Yagn. I, 123 ; Vi. LXXI, 5-6. 'His race,' e.g. let him wear his hair in the manner prescribed by the usage of his family (Vas. II, 21).

19. Yagrt. I, 99 ; Vi. LXXI, 8. The various sciences meant are the Itihasas, Pura«as, and Nyaya, the Artha^astra, medicine, and

K 2

132

LAWS OF MANU.

IV, 20.

which teach the acquisition of wealth, those which are beneficial (for other worldly concerns), and like- wise over the Nigamas which explain the Veda.

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;zas, 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/za shall always offer the Agnihotra at the beginning or at the end of the day and of the night, and the Darca and Pauraamasa (Ish/is) at the end of each half-month,

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 naigamakaWa of the Nirukta.

22. This and the next two verses refer to various symbolical ways of performing the great sacrifices, which are mentioned in the Upanishads.

23. Kaushitaki-Up. II, 5. 24. Nand. omits this verse. 25-27. Gaut. VIII, 19-20; Vas. XI, 46; Vi. LIX, 2-9; Baudh.

II, 4, 23; Yagfi. I, 97, 124-125.

IV, 31. HOUSEHOLDER; RULES FOR A SNATAKA. 1 33

(Agraya/za) Ish^i with new grain, at the end of the (three) seasons the (^Taturmasya-)sacrifices, at the solstices an animal (sacrifice), at the end of the year Soma-offerings.

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 6rotriyas, one must worship by (gifts of food) sacred to gods and manes, but one must avoid those who are different.

30. Yag?1. I, 130. Tashandinik, ' heretics/ i.e. ' non-Brahmamcal ascetics ' (vahyalihgina^, Medh.), or ' ascetics wearing red dresses and the like ' (Gov.), or ' non-Brahmamcal ascetics, such as Bauddhas' (Kull., Nar.), or 'those who do not believe in the Vedas' (Ragh.). The term does not necessarily refer to the Buddhists and Gainas, though the latter may be designated by it. The correct explanation of the word pasha^a or pashazz^in, 'a sectarian,' has been given by Kern, Jaartelling der zuidelijke Buddhisten, p. 67. Regarding the men who act like cats or herons, see below, verses 195-196.

31. Nand. reads griham agatan, 'who have come to his house,' instead of gr/hamedhina^, ' who are householders.'

If

L

134 LAWS OF MANU. IV, 32.

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 Kara grass, and (wear) two bright golden ear-rings.

32. Ap. II, 4, 14 ; Gaut. V, 22 ; Baudh. II, 5, 20. ' Those who do not cook for themselves/ i.e. students and ascetics. According to Gov. Pashaw^fas are included by this term.

33. Gaut. IX, 63-64; Vas. XII, 2; Yagn. I, 130. 'A king/ i.e. 'a Kshatriya king who rules in accordance with the .Sastras;' see below, verse 84.

34. Vas. XII, 4; Vi. LXXI, 9; Gaut. IX, 3; Ap. I, 30, 13. Sakt&k, ' who is able (to procure food)/ (Nar.), means according to Nand. ' he who is able to dine, shall not stint himself through avarice/ Gov., Kull., and K. explain the phrase, ' A Snataka, who is a fit (recipient of gifts), must not pine with hunger (as long as the king has anything to give)/ i. e. he must be relieved. Ragh. reads yukta^ instead of sakt&k, ' A Snataka who is suffering hunger shall not despair.' If taken in the second sense the rule is identical with that given Ap. II, 25, n ; Gaut. X, 9-10; Vi. Ill, 79.

35. Ap. I, 30, 10-12; Gaut. IX, 4, 7; Y&gn. 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; Yagn. I, 133.

IV, 44. householder; rules for a snataka. 135

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/za, 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^

3

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; Yagfi. 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 ; Yagn. I, 133. 40-42. Gaut. IX, 29-30; Vas. XII, 7; Vi. LXIX, n.

42. Medh. and Nand. read lakshmf, 'luck,' instead of teg&k, ' energy/

43. Vas. XII, 31 ; Vi.LXVIII, 46; Ya^l I, 131 ; Gaut. IX, 32.

44. Gaut. IX, 32.

136

LAWS OF MANU.

IV, 45-

v^

. look at (a woman) who applies collyrium to her eyes, has anointed or uncovered herself or brings forth (a child).

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 Brahma^a, 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, 39; Vi. LXVIII, 14; LXIV, 5; LX, n, 16, 19; Y%#. I, 131, 134. Govra^e, 'in a cow-pen' (Gov., Kull.), means according lo Medh. ' a place where cows graze.'

46. Ap. I, 30, 18; Gaut. IX, 40 ; Vi. LX, 4, 21, 10. 'Some omit verses 46-47 ' (Nar.), and they are not found in Nand.

47. Vi. LX, 9.

48. Ap. I, 30, 20; Gaut. II, 12; Vi. LX, 22; Yagri. I, 134. « Looking at (things moved by) the wind ' (Medh., Kull.). Medh. places verse 52 immediately after this.

49. Ap. I, 30, 14-15; Gaut. IX, 37-38, 41-43; yas. XII, 13; Vi. LX^ 2-3, 23.

50. Ap. I, 31, 1; Vi. LX, 2-3.

IV, 57- HOUSEHOLDER ; RULES FOR A SNATAK A. 137

51. In the shade or in darkness a Brahma/za may, , both by day and at night, do it, assuming any position he pleases ; likewise when his life is in / danger.

52. The intellect of (a man) who voids urine against a fire, the sun, the moon, in water, against a Brahma/za, a cow, or the wind, perishes.

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 I substances, nor any other (impurity), nor blood, nor
    poisonous things. A

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 Nar. mention a var. lect. for prativatam, 1 against the wind,' pratisa/rcdhyaw, ' in the twilights/ which Nand. adopts.

53. Ap. I, 15, 20-21 J Gaut IX, 32 ; Vas. XII, 27 ; Vi. LXXI, 32-34, 37; Ya§™. I, 137.

54. Vi. LXXI, 36; YfyrL I, 135, 137; Gaut. IX, 73.

55. Vi. LXIII, 8; LXVIII, 12; LXXI, 41, 55.

56. Ap. I, 30, 19; Vi. LXXI, 35; Y&gn. I, 137.

57- Gaut. IX, 54-55 ; Vas. XII, 42 ; Vi. LXIII, 21 ; LXX, 13 ; LXXI, 58; Y8gn. I, 138.

138 LAWS OF MANU. IV, 58.

nor let him go to a sacrifice, if he is not chosen (to be officiating priest).

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)7nor 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 Ragh. explain dhayantim, ' who is suckling (her calf),' by pibantim, 'who is drinking' (milk or water, see Yagn. I, 140).

60-61. Ap. I, 15, 22, 32, 18; Gaut. IX, 65; Baudh. II, 6, 21, 31; Vi. LXXI, 64-68.

62. Vi. LXVIII, 27, 48; see above, II, 56-57.

63. Gaut. IX, 9, 50, 56 ; Baudh. II, 6, 5 ; Vi. LXXI, 69.

IV, 6g. HOUSEHOLDER J RULES FOR A SNATAKA. I 39

him not eat food (placed) in his lap ; let him not show (idle) curiosity.

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) defiled.

66. Let him not use shoes, garments, a sacred string, ornaments, a garland, or a water-vessel which have been used by others.

6 j. Let him not travel with untrained beasts of burden, nor with (animals) that are tormented by hunger or disease, or whose horns, eyes, and hoofs
have been injured, or whose tails have been dis- figured.

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., 1 he shall not make his fingers crack.'

65. Vi. LXVIII, 20 • LXXI, 39.

66. Vi. LXXI, 47. 67-68. Vi. LXIII, 13-18.
67. Vi. LXXI, 44, 46 ; Ya^ra. 1, 139. Balatapa^, 'the morning

sun/ is according to ' some,' mentioned by Nar., and according to

140

LAWS OF MANU.

iv, 70.

r>

1

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.

Ragh. * the sun in the sign of Kanya, or Virgo,' i. e. ' the sun in autumn.' The same explanation is mentioned by Nandapa/z/ita in his comment on the parallel passage of Vishnu. It is, however, probably wrong : see the Introduction. ' Let him not clip his nails or hair,' i. e. ' not himself, but let him employ a barber ' (Medh., Gov.), or ' before they have grown long ' (Kull.), or ' except at the proper time for clipping ' (Nand.).

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 ' vign'hya ' instead of the ' vigarhya ' of the editions. ' Let him not wear a garland over (his dress),' (Medh.), or ' let him not wear a garland outside (the house)/ or ' one that is not fragrant ' (others, Medh.).

73. Ap. I, 31, 23; Gaut. IX, 32 ; Baudh. II, 6, 13 ; Ya§^. I, 140.

74. Gaut. IX, 32; Vas. XII, 36; Baudh. II, 6, 6; Vi. LXVIII, 23; Vi. LXXI, 45 ; Y&gn. 1, 138. ' Nor what has been placed in his hand/ i.e. ' in his left hand or in a vessel held in that hand ' (Nar.). This is no doubt the best explanation, as Hindus always eat with the fingers of the right hand, and the left hand is considered un- clean for very good reasons.

J

TV, 82. HOUSEHOLDER ; RULES FOR A SNATAKA. 141

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.

"j J. Let him never enter a place, difficult of access, which is impervious to his eye ; let him not look at urine or ordure, nor cross a river (swimming) with his arms. — ^

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 KdLtid&X&s, 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) Asaw-j vritSL.

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; VLLXIll, 46.

78. Ap. II, 20, 11; Gaut. IX, 15 ; Baudh. II, 6, 16; Y%w. I, 139.

79. Regarding the Pukkasas and Antyavasayins, 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.

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. Saw^lvana, MahavL£i, Tapana, Sampratapana, Sawghata, Sakakola, Ku^mala, 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. Ya^w. I, 140.

85. Ya§w. I, 141. Medh., Gov., Nar., and Nand. say, 'one king as bad as ten prostitutes ' (ve^ya).

88-90. Vi. XLIII, 2-22. Nar. and Gov. say expressly that nara- kaw kalasutraztf ka. means ' the Kalasutra hell/ and Nar. that ' Vaita-

IV, 95* VEDA-STUDY. 1 43

90. Loha^anku, JZtgisha., Pathin, the (flaming) river, .Salmala, Asipatravana, and LohaMraka.

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 Giyatri), 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) •5Yava;za, or on that of Praush^apada (Bhadrapada),

ra#i ' must be understood with nadi, ' the river,' while Gov. speaks of a hell called Nadi, £ the river.' The corresponding passage of Vishmi shows that the Dipanadi is meant. The editions read Sazrahata instead of Sawghata, -Salmali instead of .Salmala, and Lohadaraka, which Ragh. has also, instead of Lohadaraka.

92. Vas. XII, 47; Vi. LX, 1. Kull. and Ragh. say, 'in the muhurta, sacred to Brahmi,' or Bharati, the goddess of speech. But this explanation is wrong, as the expression prag-apatya muhurta, used in other Smn'tis, shows.

93. Vi. LXXI, 77.

94. I read with Gov., Nand., and K., avapnuvan, ' obtained,' instead of avapnuyu/^ (Medh., Kull., Nar., Ragh.).

95-97. Ap. I, 9, 1-3, 10, 2 ; Gaut. XVI, 1-2, 40; Vas. XIII, 1-5 ; Baudh. I, 12-16 ; Vi. XXX, 1-2, 24-25 ; Ya^Ti. I, 142-144.

The Upakarman is the solemn opening of the Brahmamcal school-term, and the Utsar^ana or Utsarga its closing. Their

144

LAWS OF MANU.

IV, 96.

a Brahma^a shall diligently study the Vedas during four months and a half.

96. When the Pushya-day (of the month Pausha), or the first day of the bright half of Magna has come, a Brahma^a shall perform in the forenoon the Utsar^ana of the Vedas.

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 Ahgas of the Vedas during the dark fortnights.

99. Let him not recite (the texts) indistinctly, nor in the presence of .Sudras ; nor let him, if in the latter part of the night he is tired with reciting the Veda, go again to sleep.

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 Mantrasawhita.

10 1. Let him who studies always avoid (reading) on the following occasions when the Veda -study is

description is found in the GrzTiya-sutras, e.g. -Sankhayana IV, 5-6. The Pushya-day is the sixth lunar day of each month : *Srava7za, July-August; Bhadrapada, August-September; Pausha, December- January ; Magna, January-February.

97. But see below, verse 119.

98-129. Ap. I, 9, 4-1 1, 38 ; 32, 12-15 j Gaut. I, 58-60; XVI, 5-49 ; Vas. XIII, 6-40; XVIII, 13 ; Baudh. I, 21, 4-22 ; Vi. XXX, 3-30; Yagn. I, 144-151-

100. ' The daily (portion of the) Mantras,' i.e. 'the Gayatri and other portions of the ivV^as^a^ns, and Samans.'

IV, io6. VEDA-STUDY. I45

forbidden, and (let) him who teaches pupils according to the prescribed rule (do it likewise).

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 gyotisham £opa- sarg-ane, ' when the heavenly lights trouble each other,' i. e. obscure each other, and Nar.; Kull., and Ragh. refer the phrase to eclipses.

[25] L

u

I46 LAWS OF MANU. IV, 107.

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 Br&hma^a, so long he must not recite the Veda.

112. 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.
108. Medh. mentions a var. lect. udaye, ' at sunrise,' for udake, 'in water/

no. Eclipses of the sun are of course included.

IV, n8. VEDA-STUDY. 147

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.

114. 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 6raddha, 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/za, ' arrows/ may also mean ' a large lute/
114. Panktau,' in a company' (Gov., Kull., Nar., ' others'), means according to Medh., Nar., and Ragh. ' in the midst of dogs, donkeys, or camels/ Nar. mentions a third explanation, ' in the company of unworthy persons' (apariktya).

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

148

LAWS OF MANU.

IV, 119.

119. On (the occasion of) the Upakarman and (of) the Vedotsarga an omission (of the Veda-study) for three days has been prescribed, but on the Ash/akas and on the last nights of the seasons for a day and a night.

1 20. Let him not recite the Veda on horseback, nor on a tree, nor on an elephant, nor in a boat (or ship), nor on a donkey, nor on a camel, nor standing on barren ground, nor riding in a carriage,

" 121. Nor during a verbal altercation, nor during a mutual assault, nor in a camp, nor during a battle, nor when he has just eaten, nor during an indigestion, nor after vomiting, nor with sour eructationsj {/Aj1 (IV[ W± $*&

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 T&g-veda or the Ya^ur-veda while the Saman (melodies) are heard ; (let him stop all Veda-study for a day and a night) after finishing a Veda or after reciting an Ara^yaka.

124. The ifog-veda is declared to be sacred to the gods, the Ya^ur-veda sacred to men, and the Sama-veda sacred to the manes ; hence the sound of the latter is impure (as it were).

119. The Ash/akas are the three or four days for the Ash/aka Sraddhas, which are placed differently by different writers ; see Weber, Die Nakshatras II, 337.

121. Nar. interprets na vivade 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.).

IV, 130. VEDA-STUDY J 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 6Vauta sacrifice (Dikshita). — — '

125. ' The essence of three (Vedas)/ i.e. the syllable Om and the Gayatri ; see above, II, 76-77.

128. Vi. LXIX, 1; Vas. XII, 21. According to others, quoted by Medh., the word brahma/fcari translated by 'chaste' indicates that a Snataka must also in other respects behave like a student. Medh. thinks it possible that the abstention from honey and meat may also be indicated.

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 by a.A'aWala.'

130. Ya^l. I, 152; Vi. LXIII, 40. Babhru, 'a reddish-brown

15O 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

-q/^ 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.

134. 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.

136. Because these three, when treated with dis- respect, may utterly destroy him ; hence a wise man

L- 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.

138. Let him say what is true, let him say what is pleasing, let him utter no disagreeable truth, and let him utter no agreeable falsehood ; that is the eternal law.

animal,' is not clearly explained by Gov., Kull., and Ragh. Medh. thinks that ' a brown cow' or 'the Soma creeper' may be meant. Nand. adopts the former view, and Nar. explains it by ' a brown creature.'

132. Vi. LXIII, 41 ; Yagri. I, 152. Apasnanam, ' water used for a bath,' means according to Nar. and Nand. ' water used for wash- ing a corpse.'

I.35-I36. Yagn. I, 153. 137. Vi. LXXI, 76; Yagn. 1, 153.

138. Gaut. IX, 68; Vi. LXXI, 73-74; Yagfi. I, 132.

r

IV, 145- RULES FOR A SNATAKA. I 5 I

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 J with his hand a cow, a Brahma^a, or fire; nor, j being in good health, let him look at the luminaries in the sky, while he is impure.

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; Yagn. I, 132 ; Gaut. IX, 32. ' Only/ i.e. even if things go wrong. I follow Nar.'s explanation, which is the only correct one : bhadraw vastuto ya^obhanaw I bhadram ity eva va 'bhadram api, ' (let him call) well what is really well ; or (let him call) well even that which is not well.'

140. Baudh. II, 6, 22-23 ; Vi. LXIII, 4, 6-7, 9.

141. Vi. LXXI, 2. 142. Yagn. 1, 155. 144. Vi. LXXI, 79.

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 Savitrz and such as avert evil omens, and on the Ash/ak&s and Anvash/akis 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 savitrya, ' with the Savitri,' for savitran, ' to Savitn',' and Nar. has the same explanation.

151. Ap. I, 31, 2-3; Gaut. IX, 39; Yign. I, 153. Avasatha, ' his dwelling,' means according to Kull. ' the room where the fires are kept.' Kull. explains nishekam, 'the water from his bath,' by ' seminal impurity.' Gov. and Nar. read u^/^ish/dnnanishekaw H, and explain nisheka by ty&ga, ' throwing away.'

152. According to Medh./ others' explained maitram,' defecation,' by • friendly service/ or by ' the worship of Mitra.'

IV, i59« RULES FOR A SNATAKA. I 5 3

faeces, decorate (his body), bathe, clean his teeth, apply collyrium to his eyes, and worship the gods.

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 (Smrzti) 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. *J

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

153. Ap. I, 31, 21-22. Medh. omits verses 153-158.

154. Baudh. II, 6, 35. 155. Vas. LXXI, 90 ; Yagn. I, 154.
155. Vas. VI, 7; Vi. LXXI, 91. 157. Vas. VI, 6.
156. Vas. VI, 8; Vi. LXXI, 92.

154 LAWS OF MANU. IV, 160.

him eagerly pursue that (the accomplishment of) which depends on himself.

1 60. Everything that depends on others (gives) k. pain, everything that depends on oneself (gives)

"4^ pleasure; know that this is the short definition of pleasure and pain.

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/zas, nor any men performing austerities.

163. Let him avoid atheism, cavilling at the I 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, 12.

162. Ya§7l. I, 157-158. Na hiwsyat, 'let him never offend' (Medh., Kull., Nar., Nand.), means according to Gov. ' let him never injure them, though they attempt his life, when self-defence is permitted' (see VIII, 350). Tapasvina^ means according to Medh. and Gov. 'all those engaged in the performance of austerities,' e.g. even sinners who perform penances (Medh.), while the other commentators understand it to denote ' ascetics.'

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 Nar. 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.

I

\

IV, 172. RULES FOR A SNATAKA. I 55

165. A twice-born man who has merely threat- ened a Brahma^a with the intention of (doing him) a corporal injury, will wander about for a hundred years in the Tamisra hell.

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 Brahma/za 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 gpiller of the blood will be devoured by other (animals) in the next world. ~

169. A wise man should therefore never threaten) a Brahmazza, nor strike him even with a blade of
     grass, nor cause his felood tqjlow.

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; YSgn. I, 155. 172. 'Like a cow/ i.e. 'which at once yields benefits by its milk, «fec.' (Gov., Nar., Nand.). Medh., Kull., and Ragh. take gau/i

156 LAWS OF MANU. IV, 173.

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 sadharmya and a vaidharmyadrz'sh/anta.

175. Gaut. IX, 50, 68-69.

176. Gaut. IX, 47, 73 ; Vi. LXXI, 84-85 ; Ysigri. 1, 156. As an example of ' a lawful act causing pain in the future/ Medh. adduces ' the gift of one's whole property.'

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.'

IV, i84. RULES FOR A SNATAKA. 1 57

which his fathers and his grandfathers followed ; while he walks in that, he will not suffer harm.

1 79. With an officiating or a domestic priest, with a teacher, with a maternal uncle, a guest and a de- pendant, with infants, aged and sick men, with learned men, with his paternal relatives, connexions by marriage and maternal relatives, • 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 (Pra^apati), 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 Vi^ve 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&gn. I, itf-i$%.

179. Vaidyai^, 'with learned men,' may also mean 'with physicians.'

181. Instead of etair gitais k% ' by suppressing (all) such (quarrels),' (Medh., Gov., Kull., Ragh.), Nar. and Nand. read etair ghas £a, 'allowing himself to be conquered by these,' i.e. 'by bearing with these persons.' This reading, though less well attested than the vulgata, is perhaps preferable.

158 LAWS OF MANU.

IV, 185.

brother as equal to one's father, one's wife andjone's

son as one's own body,

185. Qne's slaves as one's shadow, one's daughter

as the highest object of tenderness ; hence if one is \ offended by (any one of) these, one must bear it

without resentment, y 186. Though (by his learning and sanctity) he

may be entitled to accept presents, let him not

attach himself (too much) to that (habit) ; for through

his accepting (many) presents the divine light in him

is soon extinguished.

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. Yagn. I, 201. 191. Yagii. I, 202.

IV, 198. RULES FOR A SNATAKA. 1 59

192. (A man) who knows the law should not offer even water to a Brahma/za who acts like a cat, nor to a Brahma/za who acts like a heron, nor to one who is unacquainted with the Veda.

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 Brahma/za, who with downcast look, of a cruel disposition, is solely intent on attaining his own ends, dishonest and falsely gentle, is one who acts like a heron.

197. Those Brahma^as who act like herons, and those who display the characteristics of cats, fall in consequence of that wicked mode of acting into (the hell called) Andhatamisra.

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 1 heron/ though, like its modern representative bagla, it is used also as a name of the white ibis and of the bittern. But from other verses, which speak of the baka cautiously wading in the water as if it were afraid of hurting the aquatic animals, it would seem that the proceedings of the heron, which one can watch in India at every village tank, gave rise to the proverbial expressions bakavrata and bakavratin.

198. Several penances, e.g. the ^andrayawa or the lunar penance,

i6o

LAWS OF MANU.

TV, 199.

«-.

perform a penance under the pretence (that the act is intended to gain) spiritual merit, (thus) hiding his sin under (the pretext of) a vow and deceiving women and .Sudras.

199. Such Brahma/zas are reprehended after death and in this (life) by those who expound the Veda, and a vow, performed under a false pretence, goes to the Rakshasas.

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 owners) 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; Y&gn. I, 159; Baudh. II, 5, 6.

202. Yagn. I, 1 60; Baudh. II, 6, 29.

203. Vi. LXIV, 16; Ya§™. I, 159. Garta, 'water-holes' (Gov., Nar.), means according to Kull., who quotes a verse of the Khaxi- dogya-parmsh/a, Nand., and Ragh., ' a brook/

204. Regarding the two classes of duties, see Y&gri. Ill, 313-
205. Though the commentators give various explanations of yama

IV, 2io. RULES FOR A SNATAKA. l6l

discharge the former, while he obeys the latter alone, becomes an outcast.

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- j 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 Brahma^a has looked, nor that which has been touched by a menstruating woman, nor that which has been pecked at by birds or touched by a dog, —

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 .SYauta sacrifice), a miser, one bound with fetters,

and niyama, it is highly probable that Kull. is right in supposing Manu to have held the same opinion as Y&gn.

205. Nar. mentions a var. lect. judrewa, 'by a £udra,' for 'by a eunuch/

209. Gov. and Kull. give as an instance of ' a multitude,' ' a fra- ternity of Brahmaraas inhabiting a monastery.'

210. I translate baddhasya niga</asya ka. according to Kull. by ' one bound with fetters/ because in the older Sanskrit the genitive is occasionally used for the instrumental with passive perfect parti-

[25] M

l62

LAWS OF MANU.

IV, 211.

211. By one accused of a mortal sin (Abhisasta), a hermaphrodite, an unchaste woman, or a hypocrite, nor (any sweet thing) that has turned sour, nor what has been kept a whole night, nor (the food) of a .Sudra, nor the leavings (of another man),

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 nigada does not mean ' bound with fetters/ as the other commentators assume. Nand. adds that the correct reading is nigalena, which is found in some southern MSS.

211. *Sudrasyo/£/£y$ish/am eva ka, 'nor (the food) of a -Sudra, nor the leavings (of any other man)/ (Kull., Nar.) ; or, 'the leavings of a -Sudra/ which are mentioned in order to show that a very heavy penance has to be performed (Medh., Ragh.) ; or, ' that food of which a -Sudra has eaten, and has left a remnant in the dish' (Gov., Nand., Medh., ' others'). Medh. mentions also a var. lect. u^^ish/am aguros tatha, ' nor the leavings of any man excepting a Guru.'

212. Ugra is explained variously as ' a man of the Ugra caste' (Medh., Gov., Nar., Nand., Ragh.); or, 'a king' (Medh., Gov. in the Maw^ari); or/ a man who perpetrates dreadful deeds' (Kull., Ragh.).

213. Kull. and Gov. seem to take nagaryannam, ' food given by the lord of a town/ i.e. a king (Medh., Nar., Ragh.), in the sense of nagarannam, ' food given by a whole town.'

IV, 221. RULES FOR A SNATAKA. 163

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 vSttdra 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. v^ "^ J Of '

220. The food of a physician (is as vile as) pus, " that of an unchaste woman (equal to) semen, that £5^ of a usurer (as vile as) ordure, and that of a dealer I in weapons (as bad as) dirt.

221. The food of those other persons who have |

215. According to ' others,' quoted by Medh., Nand., and Ragh.,, jailusha, ' an actor/ may also mean ' one who prostitutes his wife.'

216. Nmarasa, 'a pitiless man' (Medh., Gov., Kull., Nand., Ragh.), may also mean ' a bard' (Medh., Nar., Ragh.).

220. I.e. it causes him to be reborn as an animal feeding on pus or other impure substances (Gov.).

M 2

164 LAWS OF MANU. IV, 222.

been successively enumerated as such whose food must not be eaten, the wise declare (to be as impure as) skin, bones, and hair.

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 KriMkra. penance.

223. A Brahma?2a who knows (the law) must not eat cooked food (given) by a .Sudra who performs no .Sraddhas ; but, on failure of (other) means of subsistence, he may accept raw (grain), sufficient for one night (and day).

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 Kr/Mhra, penance, see below, XI, 211.

224. Nar. explains a^raddhina^, ' who performs no -Sraddhas,' by ' destitute of faith,' and Nand. writes a>n-addhina>$.

224-225. Baudh. I, 10, 5 ; Vas. XIV, 17.

226-227. Gov. gives and explains 226a and 227b only.

I

IV, 234- RULES FOR A SNATAKA. 1 65

ability, with a cheerful heart, the duty of liberality, both by sacrifices and by charitable works, if he finds a worthy recipient (for his gifts). -

228. If he is asked, let him always give some- [' fl: } thing, be it ever so little, without grudging ; for a ^ worthy recipient will (perhaps) be found who saves i him from all (guilt). -*£-

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. — I

230. A giver of land obtains land, a giver of gold long life, a giver of a house most excellent mansions, a giver of silver (rupya) exquisite beauty (rupa),

231. A giver of a garment a place in the world of the moon, a giver of a horse (a>?va) a place in the world of the Asvins, a giver of a draught-ox great good fortune, a giver of a cow the world of the sun ;

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 ; Yign. I, 201, 203-212.

234. Medh., Gov., Nar., and Ragh. take the verse differently. 1 With whatever disposition (a man) bestows any gift, with that same disposition he receives (in his next birth its reward), being duly honoured.' Nand. omits it. K. follows Kull.'s explanation, which is mentioned by Medh. also.

1 66

LAWS OF MANU,

IV, 235.

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/zas, though he be tormented (by them) ; when he has bestowed (a gift), let him not boast of it.

2 37- By falsehood a sacrifice becomes vain, by self-complacency (the reward for) austerities is lost, longevity by speaking evil of Brahma^as, and (the reward of) a gift by boasting.

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

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 I 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 6udra. ^X\

246. He who is persevering, gentle, (and) patient, M shuns the company of men of cruel conduct, and<fX' does no injury (to living creatures), gains, if he con- ' stantly lives in that manner, by controlling his organs and by liberality, heavenly bliss. ~ ™

247. He may accept from any (man), fuel, water, roots, fruit, food offered without asking, and honey, likewise a gift (which consists in) a promise of pro- tection.

248. The Lord of created beings (Pra^apati) has declared that alms freely offered and brought (by the giver himself) may be accepted even from a sinful man, provided (the gift) had not been (asked for or) promised beforehand.

249. During fifteen years the manes do not eat (the food) of that man who disdains a (freely-offered gift), nor does the fire carry his offerings (to the gods).

250. A couch, a house, Kui*a grass, perfumes,

247. Ap. I, 18, 1; Gaut. XVII, 5 ; Vas. XIV, 12 ; Vi. LVII, 11.

248. Ap. 1, 10, 12-14; Vas. XIV, 16; Vi. LVII, 11; Y&gn. I, 215. Medh., Gov., and Nar. take apra^oditam, ' not asked for or pro- mised,' in the sense of 'not promised' only, and so does Nand., who reads apraveditam.

249. Ip. 1, 19, 14 ; Vas. XIV, 18 ; Vi. LVII, 12.

250. Gaut. XVII, 5; Vas. XIV, 12 ; Vi. LVII, 11; Ya^l I, 214.

1 68 LAWS OF MANU. IV, 251.

water, flowers, jewels, sour milk, grain, fish, sweet milk, meat, and vegetables let him not reject, (if they are voluntarily offered.)

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 ; Yagn. 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.

V, 2. LAWFUL AND FORBIDDEN FOOD. 1 69

257. When he has paid, according to the law, his debts to the great sages, to the manes, and to the gods, let him make over everything to his son and dwell (in his house), not caring for any worldly j concerns.

258. Alone let him constantly meditate in solitude on that which is salutary for his soul ; for he who meditates in solitude attains supreme bliss.

259. Thus have been declared the means by which a Brahma/za 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 Bhrzgu, 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/?z- nyasa.

260. Vas. VIII, 17 j Baudh. II, 3, 1 ; Gaut. IX, 74.

V. 1. Medh., Gov., and Ragh. state correctly that Bhrzgu, though above, I, 35, he is said to have been created by Manu, and has there- fore been named Manava below, V, 3, is here called the offspring of Fire, in accordance with other passages of the Veda and of the Mahabharata.

2. I.e. 'how can they be deprived of the length of life, one hundred years, allotted to men in the Veda?' (Gov.. Kull.)

170

LAWS OF MANU.

V,3-

who know the sacred science, the Veda, (and) who fulfil their duties as they have been explained (by thee), O Lord?'

3. Righteous Bhrzgu, the son of Manu, (thus) answered the great sages : ' Hear, (in punishment) of what faults Death seeks to shorten the lives of Brahma^as ! '

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 .Selu (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. I, 17, 18-39 ; Gaut. XVII, 22-36 ; Vas. XIV, 33-48 ; Baudh. I, 12, 1-15; Vi. LI, 3-6, 21-42; Yagii. I, 169-178. .Selu, i.e. Cordia Myxa.

7. 'Food offered to the gods/ i.e. the so-called Naivedya. This and sacrificial viands, i.e. those destined for burnt-oblations, must not be eaten before the offering has been made, afterwards the remnants may be eaten (Medh., Gov., Kull.).

8. Sandhini, ' a cow in heat ' (Kull., Nar., Ragh.), means according

LAWFUL AND FORBIDDEN FOOD. I J I

of one-hoofed animals, of sheep, of a cow in heat, or of one that has no calf with her,

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 Txtti- bha (Parra Jacana),

12. The sparrow, the Plava, the Ha;/zsa, the Brahma^i duck, the village-cock, the Sarasa crane, the Ra^udala, the woodpecker, the parrot, and the starling,

13. Those which feed striking with their beaks, web-footed birds, the Koyash/i, those which scratch with their toes, those which dive and live on fish, meat from a slaughter-house and dried meat,

14. The Baka and the Balaka crane, the raven, the Kha/^ari/aka, (animals) that eat fish, village- pigs, and all kinds of fishes.

15. He who eats the flesh of any (animal) is

to Medh. and Gov. ' one who gives milk once a day only/ and according to Nand. and K. ' one big with a calf.'

11. The permission to eat one-hoofed animals is, as the com- mentators observe, not given in the Smr/ti. The expression refers to the cases where the Veda prescribes horses, &c, to be slain and eaten at sacrifices.

12. I read with all the commentators Ra^udala instead of Ra^g-uvala, which the printed editions give. The Ra^udala is according to Vig-«ane.fvara the jungle-fowl, according to Nar. an aquatic bird.

14. Regarding the Vaka or Baka, see above, IV, 196.

172 LAWS OF MANU. V, 16.

called the eater of the flesh of that (particular creature), he who eats fish is an eater of every (kind of) flesh ; let him therefore avoid fish.

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, Siwhatu/^as, and Sasalkas 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 Sa;;ztapana (Krz&Mra) or the lunar penance (A^andraya^a) of ascetics ; in case (he has eaten) any other (kind of forbidden food) he shall fast for one day (and a night).

21. Once a year a Brahma^a must perform a Y^rikkhx^ penance, in order to atone for uninten- tionally eating (forbidden food) ; but for intentionally (eating forbidden food he must perform the penances prescribed) specially.

22. Beasts and birds recommended (for con-

16. Nar. explains eka^aran, 'solitary animals,' by 'those who go in herds' (sa/;zgha£ari«a^).

20. Regarding the Sawtapana KnWira. and the lunar penance of ascetics, see below, XI, 213 and 219.

21. Regarding the Krikkhra, penance, see below, XI, 212.

22. Vas. XIV, 15.

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. s\

27. One may eat meat when it has been sprinkled / with water, while Mantras were recited, when Brah- J ma/zas desire (one's doing it), when one is engaged I (in the performance of a rite) according to the law, I and when one's life is in danger.

28. The Lord of creatures (Pra^apati) created this whole (world to be) the sustenance of the vital spirit ; both the immovable and the movable (creation is) the food of the vital spirit.

29. What is destitute of motion is the food of those endowed with locomotion ; (animals) without fangs (are the food) of those with fangs, those with- out hands of those who possess hands, and the timid of the bold.

30. The eater who daily even devours those

27-56. Vas. IV, 5-8; Vi. LI, 59-78; Yagri. I, 178-181. 27. Meat is sprinkled with water at the -SYauta sacrifices.

174

LAWS OF MANU.

W

w

f.31-

\

destined to be his food, commits no sin ; for the creator himself created both the eaters and those who are to be eaten (for those special purposes).

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.

3J. If he has a strong desire (for meat) he may make an animal of clarified butter or one of flour, (and eat that) ; but let him never seek to destroy an animal without a (lawful) reason.

34. 'Of one who slays deer for gain/ 4. e. of a professional hunter of the -Sahara or other low castes.

35. Vas. XI, 34.
36. Sahge, ' if (he has) a strong desire (for meat),' (Kull., Ragh.

V, 44- LAWFUL AND FORBIDDEN FOOD. I 75

38. As many hairs as the slain beast has, so often indeed will he who killed it without a (lawful) reason suffer a violent death in future births. ~-

39. Svayambhu (the Self-existent) himself created animals for the sake of sacrifices ; sacrifices (have I been instituted) for the good of this whole (world) ; hence the slaughtering (of beasts) for sacrifices is not slaughtering (in the ordinary sense of the word).

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 enten a most blessed state. ^

43. A twice-born man of virtuous disposition, J whether he dwells in (his own) house, with a teacher, or in the forest, must never, even in times of distress, j cause an injury (to any creature) which is not sanc-j tioned by the Veda.

44. Know that the injury to moving creatures and to those destitute of motion, which the Veda has

means according to Medh. and K. ■ if an occasion (arises to slay an animal at a non-Vedic rite)/ according to Gov. ' in case (one suffers from) an attack by evil spirits (Bhutas and the like),' and according to Nand. ' on the occasion of social meetings.' Ragh. mentions Medh/s view as an optional explanation, and Nar. objects to Gov.'s interpretation. His own explanation sahge- tyantekayam is corrupt, but is probably intended for atyante/££/za- yam, and thus agrees with Kull.'s.

176

LAWS OF MANU.

V, 4.*

prescribed for certain occasions, is no injury at all ; for the sacred law shone forth from the Veda.

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 Pi^a^a, becomes dear to men, and will not be tormented by diseases.

51. He who permits (the slaughter of an animal), he who cuts it up, he who kills it, he who buys or sells (meat), he who cooks it, he who serves it up, and he who eats it, (must all be considered as) the slayers (of the animal).

r52. There is no greater sinner than that (man) who, though not worshipping the gods or the manes, seeks to increase (the bulk of) his own flesh by the flesh of other (beings).

ir

t^f

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.).

V, 58. LAWFUL AND FORBIDDEN FOOD; IMPURITY. I 77

— . __ 4 •

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- J torious (conduct). ~--j

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' (ma^sa^). ..♦»

56. There is no sin in eating meat, in (drinking) » spirituous liquor, and in carnal intercourse, for thafys is the natural way of created beings, but abstention j J brings great rewards.

57. I will now in due order explain the purifica- tion for the dead and the purification of things as they are prescribed for the four castes (var/za).

58. When (a child) dies that has teethed, or that before teething has received (the sacrament of) the tonsure (A"\Wakara^a) or (of the initiation), all rela- tives (become) impure, and on the birth (of a child) the same (rule) is prescribed.

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. I, 15, 18; II, 15, 2-1 1 ; Gaut. XI V ; Vas. IV, 16-37; Baudh. I, 11, 1-8, 17-23, 27-32; Vi. XXII; Yagn. Ill, 1-30.

58. Medh. and Gov. explain animate, translated freely by ' before teething/ as the conventional designation of ' a child that is younger than one that has teethed ' (^atadantad balatara iti smaranti), and Nar. and Ragh. agree to this interpretation. Kull., however, seems to take it in the sense of ' after teething/ and Nand. explains it as 'one who has been born again, i.e. has been initiated/ Gov.,

[25] N

1 78

LAWS OF MANU.

V,59.

59. It is ordained (that) among Sap'mdas the im- purity on account of a death (shall last) ten days, (or) until the bones have been collected, (or) three days or one day only.

60. But the Sapi^a-relationship ceases with the seventh person (in the ascending and descending lines), the Samanodaka-relationship when the (com- mon) origin and the (existence of a common family)- name are no (longer) known.

61. As this impurity on account of a death is pre- scribed for (all) Sapi;^as, even so it shall be (held) on a birth by those who desire to be absolutely pure.

62. (Or while) the impurity on account of a death is common to all (Sapmdas), that caused by a birth (falls) on the parents alone ; (or) it shall fall on the mother alone, and the father shall become pure by bathing ;

Nar., Kull., and Ragh. think that on account of the second £a, 'or,' the words ' of the initiation ' must be understood.

59. The bones of a Brahma/za are collected on the fourth day ; see Vi. XIX, 10. The commentators are of opinion that the length of the period of impurity depends, in accordance with the express teaching of other Smrz'tis, on the status of the mourner, and that a man who knows the Mantras only of one -Sakha shall be impure during four days, one who knows a whole -Sakha (or two Vedas) during three days, one who knows the Veda (or three Vedas) and keeps three or five sacred fires, during one day. Medh., however, mentions another interpretation, according to which the four periods correspond to the four ages of the deceased, which have been mentioned in the preceding verse. According to this view the SapiWas shall mourn for an initiated person ten days, for one who had received the tonsure four days, &c. But see verse 67.

61-62. Medh. and Gov. have only one verse instead of the two : ^-anane 'py eva/ft syan matapitros tu sutakam 1 sutakaw matur eva syad upasprzsya pita sx\k\h II 'Even thus it shall be (held) on a birth, or the impurity shall fall on the parents alone,

V, 66. IMPURITY. 1 79

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. .Ji

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 j pure by bathing after the menstrual secretion has/ ceased (to flow).

or it shall fall on the mother alone, and the father (shall become) pure by bathing.' Nand. leaves out the first half of verse 61, and combines the second half of 61 with the first half of 62. He continues in this manner down to 65, the second half of which he takes by itself. Hence his interpretation of the following verses is perfectly useless.

63. The translation given above follows Gov., Kull., Nar., and Ragh. Medh. differs.

64. According to Gov. and Nar. the rule refers to such Brahma/zas who for money carry a dead body to the cemetery ; according to Kull. and Ragh. to SapMas who in any way touch a corpse out of affection. Medh. thinks that it applies to all who touch or carry out a dead body, be it for love or for money. Ragh. thinks that the text mentions three alternative periods of impurity, one day, three days, and ten days.

65. The Pitnmedha, i.e. the Antyesh/i (Medh., Gov., Kull., Ragh.), or ' the whole of the obsequies ' (' others/ Medh.).

66. Thus according to Kull. ; Nar. and Ragh. think that this rule refers to miscarriages which happen during the first six months of pregnancy ; and that from the seventh month, whether the child

N 2

i8o

LAWS OF MANU.

V,67.

6 J. (On the death) of children whose tonsure [KiX- ^akarman) has not been performed, the (Sapi^^as) are declared to become pure in one (day and) night ; (on the death) of those who have received the tonsure (but not the initiation, the law) ordains (that) the purification (takes place) after three days.

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 Smnti pre- scribes an impurity of one day ; on a birth the puri- fication of the Samanodakas is declared (to take place) after three (days and) nights.

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. Sadhvr, ' 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.).

V,8o. IMPURITY. l8l — — — ^\

J2>> Let (mourners) eat food without factitious salt, bathe during three days, abstain from meat, and sleep separate on the^round.

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- Tpinddi) 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^a) relative's death, or of the birth of a son after the ten days (of impurity have passed), becomes pure by bathing, dressed in his garments.

78. If an infant (that has not teethed), or a (grown- up relative who is) not a Sapi^da, die in a distant country, one becomes at once pure after bathing in one's clothes.

79. If within the ten days (of impurity) another birth or death happens, a Brahma/za shall remain impure only until the (first) period of ten days has expired.

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/

l82 LAWS OF MANU. V, 8l.

(teacher's) son or wife (is dead, it lasts) a day and a night ; that is a settled (rule).

8 1. For a 6Yotriya who resides with (him out of affection), a man shall be impure for three days; for a maternal uncle, a pupil, an officiating priest, or, a maternal relative, for one night together with the preceding and following days.

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 .Srotriya (the impurity lasts) for a whole day, likewise for a Guru who knows the Veda and the Ahgas.

&$. A Brahma^a shall be pure after ten days, a Kshatriya after twelve, a Vai^ya after fifteen, and a 6udra is purified after a month.

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 (Sapi^a) 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 Ahgas,' i. e. ' such a one who is mentioned above, II, 149' (Gov., Kull., Ragh.). Nar. takes the two words separately. Medh. connects anuHne with a^rotriye, and thinks that a man is meant who does not know the Veda, but the Ahgas. He also mentions the explanation adopted above. Nand. finally reads anMane tatha 'gurau, ' likewise for one who knows the Veda and the Ahgas, but is not a Guru.'

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

IMPURITY. 183

85. When he has touched a -ATa/z^ala, a men- struating woman, an outcast, a woman in childbed, a corpse, or one who has touched a (corpse), he becomes pure by bathing.

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 Pavamani (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 sanabhya^, 'a Sapiw^a' (Gov., Kull., Nar., Ragh.), by sahodara^, '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., Ragh.). 'An impure (thing or person),' i.e. ' those mentioned above.' Medh. and Gov. take the verse differently, 'On seeing one of those impure persons mentioned above, let him sip water and, thus purified, recite, &c.' The texts addressed to Surya are found Rig-veda I, 50, 1 seq.; the Pavamanis in Mam/ala IX.

88. The rule refers to a student, who must not during his studentship perform the last rites for any deceased relative except

184 LAWS OF MANU. V,8g-

offered water after its completion, he becomes pure in three days only.

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 .5udra by the southern gate of the town, but (the corpses of)

his mother (Medh.), or except his mother and father (Gov.), or except his parents and his teacher; see below, verse 91 (Kull., Ragh.). According to K. 'others' think that the rule refers to those performing a lunar penance or other vows.

89. 'To those who (neglect the prescribed rites and may be said to) have been born in vain' (Gov., Kull., Nand., Ragh.'), i.e. 'to those who for a year belonged to no order' (Medh.), or 'to eunuchs ' (Nar.). The term sa^kara^a^, ' born in consequence of an illegal mixture of the castes/ includes besides those sprung from mothers of a higher and fathers of a lower caste, sons of widows not appointed and of adulteresses (Medh., Gov., Nand.). 'Ascetics (of heretical sects),' i.e. Kapalikas, those wearing red garments, &c. (Medh.). Nar. and Ragh. refer the term to orthodox ascetics.

90. Pashatfrfam, ' 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 Vaijya by the western gate, a Kshatriya by the

V, 97- IMPURITY. 185

twice-born men, as is proper, by the western, northern, or eastern (gates).

93. The taint of impurity does not fall on kings, and those engaged in the performance of a vow, or of a Sattra ; for the (first are) seated on the throne of Indra, and the (last two are) ever pure like Brahman.

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 Brahma- /2as, 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, i the Wind, Indra, the Lords of wealth and water (Kubera and Varu/za), and Yama.

97. Because the king is pervaded by (those)

northern, and a Brahma/za by the eastern (Medh., Gov., Kull., Nand., Ragh.).

93. 'A vow,' i.e. 'the studentship (Nar.), also a lunar penance and the like' (Medh., Gov., Kull.); 'a Sattra,' i.e. 'a long sacrifice such as the Gavamayana.' Brahmabhuta^, 'pure like Brahman' (Kull., Nar., Ragh.), means according to Medh. ' they have reached Brahmahood.'

95. Nand. and K. explain <fimbha, 'in a riot,' to mean 'by in- fants/ ' Whom the king wishes (to be pure)/ i. e. ' his servants and ministers whom he wants for his affairs.' Nar. inserts another class, ' (the kinsmen of those who have been killed) by Brahma^as, i.e. by incantations.' But I do not understand how the word could be made to suit the verse.

96. See below, VII, 4.

97. Medh. reads loke^aprabhavapyayau, and the second half

1

1 86 LAWS OF MANU. V, 98.

lords of the world, no impurity is ordained for him ; for purity and impurity of mortals is caused and I removed by (those) lords of the world.

98. By him who is slain in battle with brandished weapons according to the law of the Kshatriyas, a (.Srauta) sacrifice is instantly completed, and so is the period of impurity (caused by his death) ; that is a settled rule.

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 Vaiiya by touching his goad or the nose-string (of his oxen), a .5udra by touching his staff.

100. Thus the purification (required) on (the death of) Sapi/z^as has been explained to you, O best of twice-born men ; hear now the manner in which men are purified on the death of any (relative who is) not a Saprnda.

10 1. A Brahma^a, having carried out a dead

verse must then be translated ' purity and impurity affect mortals, they are caused and removed by the guardians of the world/ Nar., Nand., and K. read loke-raprabhavo hy ayam, 'but he (the) king springs from the guardians of the world.' Nar. mentions also a reading lokeyaprabhave 'pyaya/£, 'for him who springs from the guardians of the world, (purity and impurity) do not exist.'

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. Y&gn&h, ' a (.Srauta) sacrifice ' (Medh., Kull., Ragh.), 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.).

V, io6. IMPURITY.

Brahma/za who is not a Sapi/z^a, as (if he were) a (near) relative, or a near relative of his mother, becomes pure after three days ;

1 02. But if he eats the food of the (Sapi/z^as of the deceased), he is purified in ten days, (but) in one day, if he does not eat their food nor dwells in their house.

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/za to be carried out by a .Sudra, while men of the same caste are at hand ; for that burnt-offering which is defiled by a 6udra's touch is detrimental to (the deceased's passage to) heaven. ^.

105. The knowledge (of Brahman) austerities, fire, / (holy) food, earth, (restraint of) the internal organ, I water, sjnearing; (with _cowdung). the wind, sacred rites, the sun, and time are the purifiers of corporeal (beings). "^

106. Among all modes of purification, purity in

(the acquisition of) wealth is declared to be the best; Jff% for he is pure who gains wealth with clean hands, ^ not he who purifies himself with earth and water.

fl

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 Brahmaraas, according to Medh. and Kull. to all Aryans. The burning of the body is euphemistically called a burnt-offering.

105. Vi. XXII, 88; Y&gri. Ill, 31; Baudh. I, 8, 52. ManaA kshamakhya^ (?) niyamayuktazrc mano ^ivasya (Nar.). The other commentators take mana^, ' the mind or internal organ,' in the sense of ' a sanctified heart.'

106. Vi. XXII; 89; Y%7?. Ill, 32.

i88

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_jrahma^a_^^^andonjn^_the wprld (sa^nyasa).

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.

112. 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; Ya^l III, 33.

108. Vi. XXII, 91 ; Vas. Ill, 58 ; Ya^l. Ill, 32.

109. Vi. XXII, 92 ; Vas. Ill, 60; Ya^fi. Ill, 33-34. no. Vi. XXII, 93.

111-126.^.1,17,8-13; 11,3,9; Gaut.1, 29-34; Vas.III, 44-57, 59, 61-63 ; Baudh. I, 8, 32-53, 9, 1-4, 7-12, 10, 1-9 ; 13, 11-14, 19; Vi. XXIII, 2-46, 56 j YSgfi. I, 182-190.

112. Anupaskrz'tam, 'not enchased,' may also mean according to Medh. and Nand. ' not defiled very much.' Medh. and Nar. add

V, n8. PURIFICATION. 1 89

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 Ku^a 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 Ka.ru and (the spoons called) Sru£ and Sruva must be cleaned with hot water, likewise (the wooden sword, called) Sphya, the winnowing-basket (.Surpa), the cart (for bringing the grain), the pestle and the mortar.

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 Varuwani.

115. Utpavanam or utplavanam (Gov., Kull., Ragh.), 'passing two blades of Ku^a grass through them/ means according to Medh., ' others,' and K. ' purifying by pouring them into another vessel, filled with pure liquids of the same kind/ according to Nar. by ' straining through a cloth/ ' Solid things/ i. e. 'a couch, a seat, and the like/

I90 LAWS OF MANU. V, 119.

but the purification of small quantities is prescribed (to take place) by washing them.

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) ; A^mpa^as 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., Ragh., Nar., Nand.), means according to Medh. and Gov. ' made of the bark of trees and the like.' Medh. remarks that this and other rules, where skins and so forth are mentioned, apply also to objects made of such things, e.g. shoes.

120. Arish/a, i.e. Sapindus detergens, the soap-berry tree. Amupa//a means according to Gov., Nand., and Nar. ' cloth made of thinned bark/ according to Kull. and Ragh. ' upper garments for women (Saris) made of fine cloth ' (pa/Za^a/aka, pa//a^a/i).

125. 'By birds/ i.e. 'by parrots and the like, not by crows,

V, I2Q. PURIFICATION. I9I

smelt at by cows, touched (with the foot), sneezed on, or denied by hair or insects, becomes pure by scattering earth (over it).

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 Brahma/zas, that (on which) no (taint is) visible, what has been washed with water, and what has been commended (as pure) by the word (of a Brahma/za).

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. 1 blown upon with the mouth,' or ' dusted with a dress/ according to Gov. ' dusted with a dress/ according to Nar. ' moved by the wind (caused by the motion) of a cloth, the foot or the like/ according to Nand. ' defiled by the dust of a broom or of the air moved by the wings (of a bird).'

127. Vas. XIV, 24; Baudh. I, 9, 9; Vi. XXIII, 47; Yfew. I,
128. In conformity with the opinion of the commentators I translate pavitram by ' pure.' But the word has also the meaning of 'means of purification/ in which I have taken it in the translations of the parallel passages. The general sense remains the same.

128. Vas. Ill, 35-36, 47; Baudh. I, 9, 10; Vi. XXIII, 43; Yagii. I, 192.

129. Baudh. I, 9, i; Vi. XXIII, 43.

192

LAWS OF MANU.

V, 130.

1

the market, and food obtained by begging which a student holds (in his hand) is always fit for use ; that is a settled rule.

130. The mouth of a woman is alwaysjpure, like- wise a bird when he causes a fruit to fall ; a calf is pure on the flowing of the milk, and a dog when he catches a deer.

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'a/z^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 ; Yagii. I, 193.

131. Vas. Ill, 45; Vi. XXIII, 50; Yagn. I, 192.

132. Vi. XXIII, 51; Yagri. 1, 194.

133. Vi. XXIII, 51 ; Yagn. 1, 193. 'Drops of water/ i.e. 'such as are only perceptible by the touch' (Medh., Gov.), or 'such as come from the mouth, i.e. of saliva' (Kull., Ragh., Nar.). Ragh. adds, ' and a continuous stream of water.'

134. Ap. 1, 16, 15 ; Gaut. I, 43 ; Vas. VI, 14 ; Yagn. I, 17. ' As they may be required,' i.e. 'for removing the first six kinds of impurities enumerated in the next verse, as much water and earth as may be required, and for the last six water only' (Gov., Kull., Nar., Reign.).

V, 140. PURIFICATION. 1 93

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) byl (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.

1 39. Let him who desires bodily purity first sip water three times, and then twice wipe his mouth ; but a woman and a 6udra (shall perform each act) once (only).

140. 6udras who live according to the law, shall each month shave (their heads) ; their mode of purification (shall be) the same as that of Vai.yyas, and their food the fragments of an Aryan's meal.

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 (Nar., Kull.).

139. Ap. I, 16, 3-8; Gaut. I, 36; Vas. Ill, 27-28; Baudh. I, 8, 20-22; Vi. LXII, 6-8; Ya^ft. I, 20.