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The Sacred Laws of the Âryas: Âpastamba - Prasna II, Patala 6
Khanda 13
1. Sons begotten by a man who approaches in the proper season a woman of equal caste, who has1 not belonged to another man, and who has been married legally, have a right to (follow) the occupations (of their castes),
2. And to (inherit the) estate,
3. If they do not sin against either (of their parents).2
4. If a man approaches a woman who had been married before, or was not legally married to him, or, belongs to a different caste, they both commit a sin.
5. Through their (sin) their son also becomes sinful.
6. A Brâhmana (says), 'The son belongs to the begetter.'3
7. Now they quote also (the following Gâthâ from the Veda): '(Having considered myself) formerly a father, I shall not now allow (any longer) my wives (to be approached by other men), since they have declared that a son belongs to the begetter in the world of Yama. The giver of the seed carries off the son after death in Yama's world; therefore they guard4 their wives, fearing the seed of strangers. Carefully watch over (the procreation of) your children, lest stranger seed be sown on your soil. In the next world the son belongs to the begetter, an (imprudent) husband makes the (begetting of) children vain (for himself).'
8. Transgression of the law and violence are found amongst the ancient (sages).
9. They committed no sin on account of the greatness of their lustre.
10. A man of later times who seeing their (deeds) follows them, falls.
11. The gift (or acceptance of a child) and the right to sell (or buy) a child are not recognised.5
12. It is declared in the Veda that at the time of marriage a gift, for (the fulfilment of) his wishes, should be made (by the bridegroom) to the father6 of the bride, in order to fulfil the law. 'Therefore he should give a hundred (cows) besides a chariot; that (gift) he should make bootless (by returning it to the giver).' In reference to those (marriage-rites), the word 'sale' (which occurs in some Smritis is only used as) a metaphorical expression; for the union (of the husband and wife) is effected through the law.
13. After having gladdened the eldest son by some (choice portion of his) wealth,
Khanda 14
1. He should, during his lifetime, divide his wealth equally amongst his sons, excepting the eunuch, the mad man, and the outcast.7
2. On failure of sons the nearest Sapinda (takes the inheritance).8
3. On failure of them the spiritual teacher (inherits); on failure of the spiritual teacher a pupil shall take (the deceased's wealth), and use it for religious works for the (deceased's) benefit, or (he himself may enjoy it);
4. Or the daughter (may take the inheritance).9
5. On failure of all (relations) let the king take the inheritance.10
6. Some declare, that the eldest son alone inherits.11
7. In some countries gold, (or) black cattle, (or) black produce of the earth is the share of the eldest.12
8. The chariot and the furniture in the house are the father's (share).13
9. According to some, the share of the wife consists of her ornaments, and the wealth (which she may have received) from her relations.14
10. That (preference of the eldest son) is forbidden by the Sâstras.15
11. For it is declared in the Veda, without (marking) a difference (in the treatment of the sons): Manu divided his wealth amongst his sons.16
12. Now the Veda declares also in conformity with (the rule in favour of the eldest son) alone: They distinguish the eldest by (a larger share of) the heritage.17
13. (But to this plea in favour of the eldest I answer): Now those who are acquainted with the interpretation of the law declare a statement of facts not to be a rule, as for instance (the following): 'Therefore amongst cattle, goats and sheep walk together;' (or the following), 'Therefore the face of a learned Brâhmana (a Snâtaka) is, as it were, resplendent;' (or), 'A Brâhmana who has studied the Vedas (a Srotriya) and a he-goat evince the strongest sexual desires.'18
14. Therefore all (sons) who are virtuous inherit.
15. But him who expends money unrighteously, he shall disinherit, though he be the eldest son.19
16. No division takes place between husband and wife.20
17. For, from the time of marriage, they are united in religious ceremonies,
18. Likewise also as regards the rewards for works by which spiritual merit is acquired,
19. And with respect to the acquisition of property.
20. For they declare that it is not a theft if a wife spends money on occasions (of necessity) during her husband's absence.21
Khanda 15
1. By this (discussion) the law of custom, which is observed in (particular) countries or families, has been disposed of.22
2. On account of the blood relations of his mother and (on account of those) of his father within six degrees, or, as far as the relationship is traceable, he shall bathe if they die, excepting children that have not completed their first year.23
3. On account of the death of the latter the parents alone bathe,
4. And those who bury them.24
5. If a wife or one of the chief Gurus (a father or Âkârya) die, besides, fasting (is ordained from the time at which they die) up to the same time (on the following day).25
6. (In that case) they shall also show the (following) signs of mourning:
7. Dishevelling their hair and covering themselves with dust (they go outside the village), and, clothed with one garment, their faces turned to the south, stepping into the river they throw up water for the dead once, and then, ascending (the bank), they sit down.26
8. This (they repeat) thrice.
9. They pour out water consecrated in such a manner that the dead will know it (to be given to them). Then they return to the village without looking back, and perform those rites for the dead which (pious) women declare to be necessary.
10. Some declare, that these same (observances) shall also be kept in the case (of the death) of other (Sapindas).
11. At all religious ceremonies, he shall feed Brâhmanas who are pure and who have (studied and remember) the Veda.27
12. He shall distribute his gifts at the proper places, at the proper times, at the occasion of purificatory rites, and to proper recipients.28
13. That food must not be eaten of which (no portion) is offered in the fire, and of which no portion is first given (to guests).
14. No food mixed with pungent condiments or salt can be offered as a burnt-offering.29
15. Nor (can food) mixed with bad food (be used for a burnt-oblation).30
16. If (he is obliged to offer) a burnt-offering of food unfit for that purpose, he shall take hot ashes from the northern part of his fire and offer the food in that. That oblation is no oblation in the fire.
17. A female shall not offer any burnt-oblation,31
18. Nor a child, that has not been initiated.32
19. Infants do not become impure before they receive the sacrament called Annaprâsana (the first feeding).
20. Some (declare, that they cannot become impure) until they have completed their first year,
21. Or, as long as they cannot distinguish the points of the horizon.
22. The best (opinion is, that they cannot be defiled) until the initiation has been performed.
23. For at that (time a child) according to the rules of the Veda obtains the right (to perform the various religious ceremonies).
24. That ceremony is the limit (from which the capacity to fulfil the law begins).
25. And the Smriti (agrees with this opinion).33
Footnotes
1. 'Sâstravihitâ (translated by "who has been married to him legally") means either "married according to the rites prescribed in the Sâstras," or "possessed of the qualities (which have been described) by (the rule of) the Sâstras, He shall not give his daughter to a man of the same Gotra," and in similar (passages).'Haradatta. See also Colebrooke, Digest, Book V, Text cxcix.
2. Another (commentator) says, 'Neither of the parents shall pass them over at (the distribution of) the heritage. Both (parents) must leave their property to them.'--Haradatta. The text of the Sûtra admits of either explanation.
3. See also Manu IX, 32 seq., where the same difference of opinion occurs.
4. According to Haradatta this Gâthâ gives the sentiments of a husband who neglected to watch his wives, and who had heard from those learned in the law that the sons or his unfaithful wives would in the next world belong to their natural fathers, and that be would not derive any spiritual benefit from their oblations. He adds that this verse does not refer to or prevent the appointment of a eunuch's wife or of a childless widow to a relation. He also quotes a passage from the Srauta-sûtra 1, 9, 7, in which the dvipitâ, 'the son of two fathers,' is mentioned. But Haradatta's view cannot be reconciled with the statements made below, II, 10, 27, 2-7, where the Niyoga, is plainly forbidden. Baudhâyana, who (II, 2, 3, 34) quotes the same Gâthâ, reads in the first line the vocative 'ganaka' instead of the nominative 'ganakah,' and in the fifth line 'pare bîgâni' instead of 'parabîgâni.' The commentator Govindasvâmin adds that the verses are addressed by the Rishi Aupagaṅghani to king Ganaka of Videha. The translation of the first line must therefore run thus: 'O Ganaka, now I am jealous of my wives, (though I was) not so formerly,' &c. Baudhâyana's readings are probably the older ones, and Govindasvâmin's explanation the right one. See also Colebrooke, Digest, Book V, Text ccli.
5. Haradatta thinks that, as most other Smritis enumerate the adopted son, and 'the son bought' in their lists of substitutes for lawful sons of the body, Âpastamba's rule can refer only to the gift or sale of an eldest son, or to the gift or sale of a child effected by a woman. Though it is possible that he may be right in his interpretation, it remains a remarkable fact that Âpastamba does not mention the 'twelve kinds of sons,' which are known to other Smritis.
6. This Sûtra seems to be directed against Vasishtha I, 36.
7. The last Sûtra of Khanda 13 and the first of Khanda 14 are quoted by Colebrooke, Digest, Book V, Text xlii, and Mitâksharâ, Chap. I, Sect. iii, Par. 6. Colebrooke translates gîvan, 'during his lifetime,' by 'who makes a partition during his lifetime.' I think that this is not quite correct, and that Âpastamba intends to exhort householders to make a division during their lifetime, as later they ought to become ascetics or hermits. Haradatta introduces into his commentary on this Sûtra the whole chapter on the division of a father's estate amongst his sons, supplementing Âpastamba's short rule by the texts of other lawyers. No doubt, Âpastamba means to lay down, in these and the following Sûtras, only the leading principles of the law of inheritance, and he intends that the remaining particulars should be supplied from the law of custom or other Smritis.
8. Haradatta gives in his commentary a full summary of the rules on the succession of remoter relations. One point only deserves special mention. He declares that it is the opinion of Âpastamba, that widows cannot inherit. In this he is probably right, as Âpastamba does not mention them, and the use of the masculine singular 'sapindah' in the text precludes the possibility of including them under that collective term. It seems to me certain, that Âpastamba, like Baudhâyana, considered women, especially widows, unfit to inherit.
9. 'Some say "on failure of sons," others that the rule refers to the preceding Sûtra (i.e. that the daughter inherits on failure of pupils only).'--Haradatta. The latter seems to be the correct interpretation.
10. 'Because the word "all" is used, (the king shall take the estate) only on failure of Bandhus and Sagotras, i.e. gentiles within twelve degrees.'--Haradatta.
11. 'The other sons shall live under his protection.'--Haradatta. Colebrooke, Mitâksharâ, Chap. I, Sect. iii, Par. 6.
12. '"Black produce of the earth," i.e. black grain, or according to others black iron.'--Haradatta. Compare for this and the following Sûtras Colebrooke, Mitâksharâ, Chap. I, Sect. iii, Par. 6, and Digest, Book V, Text xlviii.
13. The translation given above agrees with what I now recognise to be Haradatta's explanation, and with Colebrooke, Mitâksharâ, Chap. I, Sect. iii, Par. 6. Both the P. U. and Mr. U. MSS. of the Uggvalâ read rathah pituramso grihe yatparibhândam upakaranam pîthâdi tadapi, 'the chariot (is) the father's share; the furniture which (is) in the house, that also.' To this reading Mahâdeva's Uggvalâ on the Hiranyakesi Sûtra points likewise, which gives pîtur antah. The N. U. MS. of the Uggvalâ, according to which I made the translation given in the Appendix to West and Bühler's Digest (1st edition), leaves out the word amsah, and therefore makes it necessary to combine this Sûtra, with the preceding one, and to translate, 'The father's chariot and the furniture in the house (are) also (the share of the eldest).' This latter translation agrees nearly with that given by Colebrooke, Digest, Book V, Text xlviii, where this and the preceding Sûtra have been joined; but the chariot is not mentioned. A further variation in the interpretation of this Sûtra occurs in Colebrooke's Digest, Book V, Text lxxxix, and Mitâksharâ, loc. cit., where the words 'the furniture in the house' are joined with Sûtra 9, and the furniture is declared to be the wife's share. Considering that Sûtra 9 is again quoted in Colebrooke's Digest, Book V, Text cccclxxii, and is not joined with the latter part of Sûtra 8, it is not too much to say that Gagannâtha has not shown any greater accuracy than his brethren usually do.
14. The Mitâksharâ, loc. cit., apparently takes the words 'according to some' as referring only, to property received from relations. I follow Haradatta. The former interpretation is, however, admissible, if the Sûtra is split into two.
15. The Sâstras are, according to Haradatta, the Vedas.
16. Taittirîyâ Samhitâ III, 1, 9, 4.
17. 'Athâpi (now also) means "and certainly." They distinguish, they set apart the eldest son by wealth: this has been declared in the Veda in conformity with (the rule regarding) one (heir, Sûtra 6). He denies (Sûtra 13) that a passage also, which agrees with the statement that the eldest son alone inherits, is found in the Veda.'--Haradatta. See Taittirîyâ Samhitâ II, 5, 2, 7.
18. Those who are acquainted with the interpretation of the law are the Mimâmsakas. The translation of the second Vedic passage is by no means certain, as the root ribh, translated by 'to be resplendent,' usually means 'to give a sound.' Haradatta thinks that Âpastamba means to show that the passage 'Manu divided his wealth among his sons' is likewise merely a statement of facts, and cannot be considered a rule. This is probably erroneous, as Sûtras 10 and 11 distinctly state, that the practice to allow the eldest alone to inherit, is forbidden by the abovementioned passage of the Veda.
19. Compare for this Sûtra and the following one Colebrooke's Digest, Book V, Text cccxv. The translation of pratipâdayati, 'expends,' by 'gains,' which is also proposed by Gagannâtha, is against Âpastamba's usage, see II, 5, 11, 17, and below, II, 8, 20, 19.
20. According to Haradatta, this Sûtra gives the reason why, in Sûtra 1, no share has been set apart for the wife. Compare Colebrooke's Digest, Book V, Text lxxxix, for this Sûtra and the following two.
21. See below, II, 11, 29, 3.
22. Customs are to be followed only if they are not opposed to the teaching of the Vedas and Smritis.
23. Manu. V, 60; Yâgñ. I, 53; Manu V, 60; Manu V, 58; Yâgñ. III, 3.
24. Manu V, 69 and 70.
25. Manu V, 80.
26. Yâgñ. III, 5, 7 seq. The Mantra to be spoken in throwing the water is, 'I give this water to you N. N. of the family of N. N.' The water ought to be mixed with sesamum. According to Haradatta those who know the correct interpretation, declare that the word' women' denotes in this Sûtra 'the Smritis.' But I fear these learned interpreters will find few adherents among those who pay attention to the last Sûtra of this work.
27. Manu III, 128.
28. Manu III, 98.
29. 'That (substance) is called kshâra, "of pungent or alkaline taste," the eating of which makes the saliva flow.'--Haradatta.
30. Avarânna, 'bad food,' is explained by 'kulittha and the like.' Kulittha, a kind of vetch, is considered low food, and eaten by the lower castes only. The meaning of the Sûtra, therefore, is, 'If anybody has been forced by poverty to mix his rice or Dâl with kulittha or similar bad food, he cannot offer a burnt-oblation at the Vaisvadeva ceremony with that. He must observe the rule, given in the following Sûtra.
31. Manu V, 155; XI, 36.
32. Manu II, 171.
33. Haradatta quotes Gautama II, 1-3, on this point, and is apparently of opinion that Âpastamba alludes to the same passage. But he is probably wrong, as all Smritis are agreed on the point mentioned by Âpastamba.
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