Baudhayana Dharmasutra

by Georg Bühler | 1882 | 56,962 words

The prashnas of the Dharmasutra of Baudhayana consist of the Srautasutra and other ritual treatises, the Sulvasutra which deals with vedic geometry, and the Grihyasutra which deals with domestic rituals. The Dharmasutra of Baudhayana like that of Apastamba also forms a part of the larger Kalpasutra. Likewise, it is composed of prashnas which liter...

Praśna II, Adhyāya 1, Kaṇḍikā 1

1. Now, therefore, the penances (will be described).

2. The murderer of a learned Brāhmaṇa (shall practise the following vow) during twelve years:[1]

3. Carrying a skull (instead of a dish) and the foot of a bedstead (instead of a staff), dressed in the hide of an ass, staying in the forest, making a dead man's skull his flag, he shall cause a hut to be built in a burial-ground and reside there; going to seven houses in order to beg food, while proclaiming his deed, he shall support life with what (he gets there), and shall fast if he obtains nothing;

4. Or he may offer a horse-sacrifice, a Gosava, or an Agniṣṭut[2]

5. Or he may bathe (with the priests) on the completion of a horse-sacrifice (offered by somebody else).[3]

6. Now they quote also (the following verses): 'He who unintentionally slays a Brāhmaṇa becomes sinful according to the sacred law. The sages declare that he may be purified (if he did it) unintentionally. But no expiation is found for a wilful murderer.'[4]

7. He who has raised his hand (against a Brāhmaṇa), shall perform a Kṛcchra penance, an Atikṛcchra penance if he strikes, a Kṛcchra and a Cāndrāyaṇa if blood flows. Therefore let him neither raise his hand nor cause blood to flow.'[5]

8. (For killing) a Kṣatriya (he shall keep the normal vow of continence) during nine years,[6]

9. (For killing) a Vaiśya during three (years),

10. (For killing) a Śūdra during one year,

11. Likewise for killing a woman.[7]

12. (The penance for killing) a woman who has bathed after temporary uncleanness (is) the same (as that) for (the murder of) a Brāhmaṇa.[8]

13. He who has defiled the bed of a Guru shall place himself on a heated iron bed,[9]

14. Or embrace a red hot image (of a woman),

15. Or cutting off his organ together with the testicles and holding them in his joined hands, he shall walk towards the south-west until he falls down (dead).

16. A thief shall go to the king with flying hair, carrying on his shoulder a club of Sindhraka wood (and say), 'Strike me with that.' (Then the king) shall strike him.[10]

17. Now they quote also (the following verses): 'A thief shall go to the king carrying a club on his shoulder (and say to him), 'Punish me with that, O king, remembering the duty of Kṣatriyas.'[11]

'Whether he be punished or be pardoned, the thief is freed from his guilt. But if the king does not punish him, that guilt of the thief falls on him.'

18. If he has drunk (the spirituous liquor called) Surā, he shall scald himself to death with hot (liquor of the) same (kind).[12]

19. For unintentionally drinking (Surā), he shall perform Kṛcchra penances during three months and be initiated again,[13]

20. And (on this second initiation) the cutting (of[14] the hair and nails), the vows, and (the observance of the) restrictive rules may be omitted.

21. Now they quote also (the following verses): 'A Brāhmaṇa, Kṣatriya, or Vaiśya who has unintentionally drunk (the spirituous liquor called) Vāruṇī or has swallowed urine or faeces must be initiated a second time.'[15]

22. 'But he who drinks water which has stood in a vessel, used for keeping Surā, shall live six days on milk in which (leaves of) the Śaṅkhapuṣpī plant have been boiled.'[16]

23. If (a pupil) who is employed by his teacher (on some errand) meets with his death, (the teacher) shall perform three Kṛcchra penances.[17]

24. The same (penance) is prescribed for not finishing (the education of the pupil).[18]

25. If a student assists at the burial of anybody except (at that of his) mother, of his father, or of his teacher, he must begin his vow afresh.[19]

26. If a (student) is sick, he may, at his pleasure, eat all the fragments of his teacher's meal as medicine.[20]

27. He may physic himself with any (medicine) which he may desire.[21]

28. When he is unable to move, he may worship the sun, after he has risen, reciting this (Ṛk verse): A swan, dwelling in purity.'[22]

29. When he has spent his manly strength in the day-time, let him thrice drink water that reaches his heart, reciting the verses which contain the word retas.[23]

30. A student who approaches a woman (is called) an Avakīrṇin,[24]

31. Let him offer an ass (in the place of) a sacrificial animal.

32. The sacrificial meat-cake (puroḍāsa shall be offered) to Nirṛti, or to the Rākṣasas, or to Yama.

33. It is declared in the Veda, 'The piece to be eaten by the sacrificer (prāśitra, shall be taken) from the organ (of the animal); and the (other) portions shall be offered in water.'[25]

34. 'Or he may also heap (fuel) on the fire in the night of the new moon, perform the preparatory rites required for the Darvīhoma, and offer two[26] oblations of clarified butter (reciting these two sacred texts): "O Lust, I have broken my vow; my vow have I broken, O Lust; to Lust Svāhā;" "O Lust, I have done evil; evil have I done, O Lust; to Lust Svāhā."'

35. 'After he has made the offering, he shall address the fire, closely joining his hands, turning sideways (with the following texts): "May the Maruts grant me, may Indra, may Bṛhaspati, may this fire grant me long life and strength, may it make me long-lived! "'

36. Now the relatives shall empty (the water-pot) of a (grievous offender) at a (solemn) meeting (and he shall confess), 'I N. N. am (the perpetrator of) such and such (a deed).' After (the outcast) has performed (his penance) the Brāhmaṇas shall ask him who has touched water, milk, clarified butter, honey, and salt, 'Hast thou performed (thy penance)?' The other (person) shall answer, 'Om' (yes)! They shall admit him who has performed (a penance) to all sacrificial rites, making no difference (between him and others).[27]

37. If he unintentionally marries a female who belongs to his own family (gotra), he shall support her, (treating her) like his mother.[28]

38. If (such a woman) has borne a child; he shall perform Kṛcchra penances during three months and offer (two burnt oblations reciting) the two (Mantras), 'That which is the blemish of my soul' (and) 'Fire restored my sight.'[29]

39. 'An elder brother whose younger brother marries first, the younger brother who marries first, the damsel wedded (by the latter), he who gives her away, and fifthly, he who sacrifices for them (at the wedding), all sink to a region of torment.'[30]

40. The unmarried elder brother and the married younger brother, the giver (of the maiden) and the performer of the sacrifices become pure by undergoing a Kṛcchra penance of twelve days, the female (who has been wedded to the younger brother) by (fasting during) three days.'[31]

Footnotes and references:


-3. 1. Gautama XXII, 4-6; Viṣṇu L, I-3, 15. The expression 'staying in the forest' means that the sinner shall not stop in the village or the fields during the day-time, but live in some uncultivated tract in the neighbourhood.


Gautama XIX, 9-10. The Gosava sacrifice is an Ekāha see Kātyāyana Śrauta Sūtra XXII, 11, 3.


Gautama XXII, 9.


Manu XI, 90.


Yājñavalkya III, 293. Regarding the penances named, see Vasiṣṭha XXI, 20, XXIV, 1-2, XXIII, 45, and below, II, 1, 2, 38, IV, 5, 6.


-10. Vasiṣṭha XX, 31-33. The words 'shall keep the normal vow of continence' have been inserted in accordance with Govinda's explanation, which apparently is based on Gautama XXII, 14. But it is also possible that Baudhāyana, like Viṣṇu (L, 15) and others, may have intended murderers of Kṣatriyas, Vaiśyas, &c., too, to perform the penance prescribed above, Sūtra 4, only for shorter periods.


Gautama XXII, 17. Govinda is of opinion that the word ka, 'likewise,' is intended to include 'worthless' Kṣatriyas and Vaiśyas.


Vasiṣṭha XX, 34-35.


-15. Gautama XXIII, 8-10; Vasiṣṭha XX, 13, 14.


Vasiṣṭha XX, 41. 'A thief,' i.e. one who has stolen gold from a Brāhmaṇa.


Āpastamba I, 9, 25, 4-5.


Vasiṣṭha XX, 22. Surā, i.e. the spirituous liquor extracted from rice, to drink which is considered a particularly heinous crime. Vasiṣṭha XX, 19, and loc. cit.


Vasiṣṭha XX, 19.


Viṣṇu LI, 5. The vows and restrictive rules, i.e. the Sāvitrya vow, begging, &c.


Viṣṇu LI, 2-4.


Viṣṇu LI, 23.


Vasiṣṭha XXIII, 10.


'Finishing (the education of the pupil, saṃskṛtam), i.e. teaching him the rules of purification, of conduct, and so forth; failing (to do) that (is called) not finishing (the education of the pupil). For that (omission) the same (penance), i.e. three Kṛcchras (are to be) performed.'--Govinda.


Vasiṣṭha XXIII; 7-8. 'Assists at a burial (śavakarma), i.e. lays out a corpse, and so forth (alaṃkaraṇādi), or carries it out, and so forth.'--Govinda.


Vasiṣṭha XXIII, 9, and note.


'The meaning is that he may cure himself even with such p. 215 (substances) which are forbidden even to his teacher, e.g. garlic, and so forth.' For a Smṛti declares,' He shall protect himself by every means.'--Govinda.


'Unable to move,' i.e. sick. This is a penance to be performed by a sick. student when he is unable to fulfil the rules enjoining the morning and evening prayers, and the like; and it applies to other men also because there is no objection. Regarding the Mantra, see Taittirīya Saṃhitā I, 8, 15, 2.


The rule refers to intercourse with a wife in the day-time; see Viṣṇu LIII, 4. The Retasyās occur Taittirīya Āraṇyaka I, 30.


Vasiṣṭha XXIII, 1.


Weber, Ind. Stud. X, 102; Kātyāyana Śrauta Sūtra I, 1, 15.


Taitt. Āraṇyaka II, r 8. The Āraṇyaka has, more appropriately, praṇīya, 'having taken out,' before upasamādhāya, 'may heap (fuel) upon.' The Dekhan and Gujarāt MSS. insert the words 'amṛtaṃ p. 216 vā ājyam amṛtam evātman dhatte,' which occur also in the Āraṇyaka, after the Mantra. According to Govinda pariceṣṭā, 'preparatory rites,' refers to the consecration of the clarified butter, and so forth, The special rules regarding the Darvīhomas are given Kātyāyana Śrauta Sūtra VI, 10, 17 seq.


Vasiṣṭha XV, 12-21. Govinda thinks that nirviśeṣaṃ savanīyaṃ kuryuḥ, 'they shall admit him to all sacrificial rites, making no difference,' may also be interpreted by 'they shall perform for him the sacraments just as for a new-born child.'


Colebrooke V, Dig. CCCXL.


The Mantras are found, Taittirīya Saṃhitā III, 2, 5, 4.


Vasiṣṭha XX, 7-8. The MSS. read parivittiḥ parivettā yaś caināṃ [naṃ] parivindati. But it is absolutely necessary to adopt either the various reading given Manu III, 172, yayā ca parividyate, or to read yā cainaṃ parivindati.


The MSS. all read at the end of the verse, tristrirātreṇa or dvistrirātreṇa. The correct reading appears, however, to be strī trirātreṇa; for Govinda says, yayā saha parivettā bhūtas [bhūttasya C. L, bhūtassāstri C. T.] tasyās trirātreṇopavāsena śuddhiḥ, 'the purification of that female with whom he has become a parivettṛ takes place through three days, i.e. through fasting (three days).'

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