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 11, Khaṇḍa 29

1. He who instigates to, he who assists in, and he who commits (an act, these three) share its rewards in heaven and its punishments in hell.

2. He amongst these who contributes most to the accomplishment (of the act obtains) a greater share of the result.

3. Both the wife and the husband have power over (their) common property.[1]

4. By their permission, others also may act for their good (in this and the next world, even by spending money).[2]

5. Men of learning and pure descent, who are aged, clever in reasoning, and careful in fulfilling the duties (of their caste and order, shall be the judges) in lawsuits.[3]

6. In doubtful cases (they shall give their decision) after having ascertained (the truth) by inference, ordeals, and the like (means).[4]

7. A person who is possessed of good qualities (may be called as a witness, and) shall answer the questions put to him according to the truth on an auspicious day, in the morning, before a kindled fire, standing near (a jar full of) water, in the presence of the king, and with the consent of all (of both parties and of the assessors), after having been exhorted (by the judge) to be fair to both sides.[5]

8. If (he is found out speaking) an untruth, the king shall punish him.[6]

9. Besides, in that case, after death, hell (will be his punishment).[7]

10. If he speaks the truth, (his reward will be) heaven and the approbation of all created beings.[8]

11. The knowledge which Śūdras and women possess is the completion (of all study).[9]

12. They declare, that (this knowledge) is a supplement of the Atharva-Veda.

13. It is difficult to learn the sacred law from (the letter of) the Vedas (only); but by following the indications it is easily accomplished.

14. The indications for these (doubtful cases are), 'He shall regulate his course of action according to the conduct which is unanimously recognised in all countries by men of the three twice-born castes, who have been properly obedient (to their teachers), who are aged, of subdued senses, neither given to avarice, nor hypocrites. Acting thus he will gain both worlds.'[10]

15. Some declare, that the remaining duties (which have not been taught here) must be learnt from women and men of all castes.

Footnotes and references:

[1]:

29. 'Though this is so, still the wife cannot spend (money) without the permission of her husband, but the husband can do (so without the consent of his wife). That may be known by Sūtra II, 6, 14, 11, "They do not declare it to be a theft if the wife spends money for a good reason during the absence of her husband."'--Haradatta.

[2]:

'Others, i.e. the sons and the rest.'--Haradatta.

[3]:

Yājñ. II, 2.

[4]:

'And the like, i.e. by cross-examination, &c.'--Haradatta.

[5]:

Manu VIII, 87 seq.; Yājñ. II, 68-75.

[6]:

Manu VIII, 119 seq.

[7]:

Manu VIII, 89 seq.

[8]:

Manu VIII, 81 seq.

[9]:

Manu II, 223. The meaning of the Sūtra is, that men ought not to study solely or at first such Śāstras as women or Śūdras also learn, but that at first they must study the Veda. See Manu II, 168. The knowledge which women and Śūdras possess is dancing, music, and other branches of the Arthaśāstra.

[10]:

See above, I, 7, 20, 8 and 9.

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