Apastamba Dharma-sutra

by Āpastamba | 1879 | 60,011 words

The Dharmasutra of Āpastamba forms a part of the larger Kalpasūtra of Āpastamba. It contains thirty praśnas, which literally means ‘questions’ or books. The subjects of this Dharmasūtra are well organized and preserved in good condition. These praśanas consist of the Śrautasūtra followed by Mantrapāṭha which is used in domestic rites and is a colle...

Praśna II, Paṭala 10, Khaṇḍa 26

1. A (king) who, without detriment to his servants, gives land and money to Brāhmaṇas according to their deserts gains endless worlds.[1]

2. They say (that) a king, who is slain in attempting to recover the property of Brāhmaṇas, (performs) a sacrifice where his body takes the place of the sacrificial post, and at which an unlimited fee is given.[2]

3. Hereby have been declared (the rewards of) other heroes, who fall fighting for a (worthy) cause.[3]

4. He shall appoint men of the first three castes, who are pure and truthful, over villages and towns for the protection of the people.[4]

5. Their servants shall possess the same qualities.

6. They must protect a town from thieves in every direction to the distance of one yojana.[5]

7. (They must protect the country to the distance of) one krośa from each village.[6]

8. They must be made to repay what is stolen within these (boundaries).[7]

9. The (king) shall make them collect the lawful taxes (śulka).[8]

10. A learned Brāhmaṇa is free from taxes,[9]

11. And the women of all castes,[10]

12. And male children before the marks (of puberty appear),

13. And those who live (with a teacher) in order to study,

14. And those who perform austerities, being intent on fulfilling the sacred law,[11]

15. And a Śūdra who lives by washing the feet,

16. Also blind, dumb, deaf, and diseased persons (as long as their infirmities last),

17. And those to whom the acquisition of property is forbidden (as Sannyāsins).

18. A young man who, decked with ornaments, enters unintentionally (a place where) a married woman or a (marriageable) damsel (sits), must be reprimanded.[12]

19. But he does it intentionally with a bad purpose, he must be fined.[13]

20. If he has actually committed adultery, his organ shall be cut off together with the testicles.

21. But (if he has had intercourse) with a (marriageable) girl, his property shall be confiscated and he shall be banished.

22. Afterwards the king must support (such women and damsels),

23. And protect them from defilement.

24. If they agree to undergo the (prescribed) penance, he shall make them over to their (lawful) guardians.[14]

Footnotes and references:

[1]:

26. Manu VII, 83, 84, 88; Yājñ. I, 314.

[2]:

According to Haradatta the king's body represents the post (yūpa), his soul the sacrificial animal, the recovered property the reward for the priests or fee.

[3]:

Manu VII, 89; Yājñ. I, 323, 324.

[4]:

Manu VII, 115-124; Yājñ. I, 321.

[5]:

Yājñ. II, 271-272. A yojana is a distance of 4 krośa, kos.

[6]:

A krośa, kos, or gāu, literally 'the lowing of a cow,' is variously reckoned at 1½-4 miles.

[7]:

Yājñ. I, 272. This law is, with certain modifications, still in force. See Bombay Regulations, XII, 27 par.

[8]:

According to Haradatta, who quotes Gautama in his commentary, the śulka is the 1/20th part of a merchant's gains. On account of the Sūtras immediately following, it is, however, more probable that the term is here used as a synonym of 'kara,' and includes all taxes. 'Lawful' taxes are, of course, those sanctioned by custom and approved of by the Smṛtis.

[9]:

Manu VII, 133.

[10]:

Haradatta thinks that the rule applies to women of the Anuloma, the pure castes, only.

[11]:

'Why does be say "intent on fulfilling the holy law?" Those shall not be free from taxes who perform austerities in order to make their magic charms efficacious.'--Haradatta.

[12]:

The ornaments would indicate that he was bent on mischief. Compare above, I, 11, 32, 6.

[13]:

'The punishment must be proportionate to his property and the greatness of his offence. The term "with a bad purpose" is added, because he who has been sent by his teacher (to such a place) should not be punished.'--Haradatta. Manu VIII, 354; Yājñ. II, 284.

[14]:

'I.e. a married woman to her husband or father-in-law an unmarried damsel to her father or to her brother.'--Haradatta.

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