Chapter XX

1. A penance (shall be performed) for an offence committed unintentionally.^[1]

2. Some (declare that it shall be performed) also for (a fault) committed intentionally.

3. 'The spiritual teacher corrects the learned; the king corrects the evil-minded; but Yama, the son of Vivasvat, forsooth, punishes those who offend secretly.'

4. And among those (sinful persons), let him who slept at sunrise stand during the (following) day and recite the verse sacred to Savitṛ.^[2]

5. Let him who slept at sunset remain in a sitting posture during the (next) night, likewise (reciting the Gāyatrī).^[3]

6. But let a man with deformed nails or black teeth perform a Kṛcchra penance of twelve days' duration.^[4]

7. He whose younger brother married first shall perform a Kṛcchra penance during twelve days, marry and take to himself even that (woman whom his brother wedded).^[5]

8. Now he who has taken a wife before his elder brother shall perform a Kṛcchra penance and an Atikṛcchra penance, give (his wife) to that (elder brother), marry again, and take (back) the same (woman whom he wedded first).

9. The husband of a younger sister married before her elder sister shall perform a Kṛcchra penance during twelve days, marry and take to him that (elder sister).

10. The husband of an elder sister married after the younger one shall perform a Kṛcchra penance and an Atikṛcchra penance, give (his wife) to that (husband of the younger sister and marry again).^[6]

11. We shall, declare below (the penance prescribed for) him who extinguishes the sacred fire.^[7]

12. He who has forgot the Veda (by neglecting to recite it daily), shall perform a Kṛcchra penance of twelve days' duration, and again learn it from his teacher.^[8]

13. He who violates a Guru's bed shall cut off his organ, together with the testicles, take them into his joined hands and walk towards the south wherever he meets with an obstacle (to further progress), there he shall stand until he dies:^[9]

14. Or, having shaved all his hair and smeared his body with clarified butter, he shall embrace the heated (iron) image (of a woman). It is declared in the Veda that he is. purified after death,^[10]

15. The same (expiation is prescribed if the offence was committed) with the wife of the teacher, of a son, and of a pupil.^[11]

16. If he has had intercourse with a female (who is considered) venerable in the family, with a female friend, with the female friend of a Guru, with an Apapātra female, or with an outcast, he shall perform a Kṛcchra penance during three months.^[12]

17. The same (penance must be performed) for eating food given by a Cāṇḍāla or by an outcast. Afterwards the initiation (must be performed) once more; but the tonsure and the rest may be omitted.

18. And with reference to this (matter) they quote a verse proclaimed by Manu, 'The tonsure, (the tying on of) the sacred girdle, (the wearing of) a staff, and the begging of alias, these acts may be omitted on a second initiation.'^[13]

19. If (a Brāhmaṇa) intentionally (drinks) other spirituous liquor than that distilled from rice, or if he unintentionally (drinks) spirituous liquor extracted from rice (surā), he (must perform) a Kṛcchra and an Atikṛcchra, and, after eating clarified butter, be initiated again.^[14]

20. The same (expiation is prescribed) for swallowing ordure, urine, and semen.

21. If a Brāhmaṇa drinks water which has stood in a vessel used for (keeping) spirituous liquor, he becomes pure by drinking, during three days, water (mixed with a decoction) of lotus, Udumbara, Bilva, and Palāśa (leaves).^[15]

22. But a Brāhmaṇa who repeatedly (and intentionally partakes) of liquor extracted from rice, shall drink (liquor of) the same (kind) boiling hot. 'He becomes pure after death.'^[16]

23. We will declare (who must be considered) the slayer of a learned Brāhmaṇa (bhrūṇahan). He is called Bhrūṇahan who kills a Brāhmaṇa or destroys an embryo (the sex of) which is unknown.^[17]

24. 'For embryos (the sex of) which is unknown^[18] become males; therefore they offer burnt-oblations for the production of males.'

25. Let the slayer of a learned Brāhmaṇa kindle a fire and offer (therein the following eight oblations, consisting of portions of his own body),^[19]

26. The first (saying), 'I offer my hair to Death, I feed Death with my hair;' the second (saying), I offer my skin to Death, I feed Death with my skin;' the third (saying), 'I offer my blood to Death, I feed Death with my blood;' the fourth (saying), I offer my flesh to Death, I feed Death with my flesh;' the fifth (saying), 'I offer my sinews to Death, I feed Death with my sinews;' the sixth (saying), 'I offer my fat to Death, I feed Death with my fat;' the seventh (saying), 'I offer my bones to Death, I feed Death with my bones;' the eighth (saying), 'I offer my marrow to Death, I feed Death with my marrow.'

27. (Or) let him (fight) for the sake of the king, or for the sake of Brāhmaṇas, and let him die in battle with his face turned (to the foe).^[20]

28. It is declared in the Veda, '(A murderer) who remains thrice unvanquished or is thrice defeated (in battle) becomes pure.'^[21]

29. 'A sin which is openly proclaimed becomes smaller.'^[22]

30. To this (effect) they quote also (the following verse): 'By saying to an outcast, "O thou outcast!" or to a thief, "O thou thief!" a man incurs a guilt as great as (that of the offender). (If he) falsely (accuses anybody of such offences), his guilt will be twice as great.'^[23]

31. In like manner having slain a Kṣatriya, he shall perform (a penance) during eight years,^[24]

32. For (killing) a Vaiśya during six (years),^[25]

33. For (killing) a Śūdra, during three (years),^[26]

34. For killing a female of the Brāhmaṇa caste who is an Atreyī, and a Kṣatriya or a Vaiśya, engaged in a sacrifice (the same penance must be performed as for killing a learned Brāhmaṇa).^[27]

35. We will explain (the term) Atreyī. They declare that she who has bathed after temporary uncleanness is an Atreyī.

36. 'For if (the husband) approaches her at that (time), he will have offspring.'^[28]

37. (For killing a female of the Brāhmaṇa caste) who is not an Ātreyī, (the penance prescribed) for the murder of a Kṣatriya (must be performed),^[29]

38. (For killing) a female of the Kṣatriya caste, (the penance prescribed) for the murder of a Vaiśya,

39. (For killing) a female of the Vaiśya caste, (the penance prescribed) for the murder of a Śūdra.

40. (For killing) a female of the Śūdra caste (let him perform) during one year (the penance prescribed for the murder of a Brāhmaṇa).

41. If a man has stolen gold belonging to a Brāhmaṇa, he shall run, with flying hair, to the king, (exclaiming) 'Ho, I am a thief; sir, punish me!' The king shall give him a weapon made of Udumbara wood; with that he shall kill himself. It is declared in the Veda that he becomes pure after death.^[30]

42. Or (such a thief) may shave off all his hair, anoint his body with clarified butter, and cause himself to be burnt from the feet upwards, in a fire of dry cowdung. It is declared in the Veda that he becomes pure after death.^[31]

43. Now they quote also (the following verses): 'Hear, (how) the bodies of those who having committed various crimes died a long time ago, and were (afterwards) born again, are (marked);'

44. 'A thief will have deformed nails, the murderer of a Brāhmaṇa will be afflicted with white leprosy, but he who has drunk spirituous liquor will have black teeth, and the violator of his Guru's bed will suffer from skin diseases.'^[32]

45. Property received from outcasts, after forming alliances with them either by (teaching) the Veda (and by sacrificing) or by marriage, must be relinquished. Let him not associate with such (men).^[33]

46. It is declared in the Veda that (he who has associated with outcasts) becomes pure by reciting the Saṃhitā (of his Veda), proceeding in a northerly direction and fasting.^[34]

47. They quote also (a verse) to this (effect), 'A sinner is liberated from guilt by tormenting his body, by austerities, and by reciting the Veda; he becomes also free by bestowing gifts. That has been declared in the Veda.'

Footnotes and references:

[1]:

-2. XX. Manu XI, 45; Yājñavalkya III, 226.

[2]:

'Among those,' i.e. the sinful men (enasvinaḥ) enumerated above, I, 18; Viṣṇu LIV, 11.

[3]:

-10. Manu XI, 201.

[4]:

Regarding the Kṛcchra penance, see below, XXI, 20.

[5]:

-8. Viṣṇu LIV, 16. According to Kṛṣṇapaṇḍita both brothers shall perform penances. The elder brother shall marry after his penance is finished. The younger one shall offer his wife to the elder, in order to atone for the slur put upon the elder. The latter shall accept her for form's sake and return her to the younger brother, who must once more wed her. Regarding the Atikṛcchra penance, see below, XXIV, 2.

[6]:

Viṣṇu LIV, 16. Kṛṣṇapaṇḍita thinks that he should marry another wife, but adds that others say that, after offering his wife to the husband of the younger sister and receiving his permission he should wed her once more.

[7]:

See below, XXI, 27.

[8]:

Viṣṇu LIV, 13.

[9]:

Gautama XXIII, 10.

[10]:

Gautama XXIII,

[11]:

-16. Gautama XXIII, 12. 9, 11.

[12]:

Kṛṣṇapaṇḍita explains sakhīm, 'a female friend,' by 'a woman who has affection (for the offender), i.e. a sister and so forth.' Apapātra are low-caste people, whose vessels must not be used; see Āpastamba I, 1, 3, 25, note.

[13]:

Identical with Manu XI, 152, and Viṣṇu LI, 5.

[14]:

-20. Manu XI, 151; Viṣṇu LI, 2. Regarding the other of liquors, see Manu XI, 95-96,

[15]:

Manu XI, 148.

[16]:

Gautama XXIII, 1.

[17]:

Gautama XXII, 13. It must be understood a real Brāhmaṇa who knows the Veda is meant.

[18]:

'Therefore they offer burnt-oblations for the production of males,' i.e. they perform the Puṃsavana, one of the sacraments; p. 107 see ej. Āśvalāyana I, 13. The Sūtra is marked as a quotation, and probably belongs to some Vedic work.

[19]:

Āpastamba I, 9, 25, 12.

[20]:

Gautama XXII, 8.

[21]:

Āpastamba I, 9, 24, 21.

[22]:

Taken by itself the Sūtra would seem to refer to the maxim that a free confession reduces the guilt of the offender (Manu XI, 228). But on account of the next Sūtra it is necessary to assume, with Kṛṣṇapaṇḍita, that half the guilt of a crime, of which another man justly accuses an offender, falls on the accuser, while the p. 107 offender's guilt becomes less by the publication of his misdeed. It is, however, not improbable that the text is here defective, and one or several Sūtras have been left out.

[23]:

Gautama XXI, 17-18.

[24]:

Viṣṇu L, 12. The text is here evidently defective. The Sutra or Sūtras left out must have contained the description of another penance for the murder of a Brāhmaṇa, which is mentioned in nearly all the Smṛtis (see Viṣṇu L, 1-6, 15, and the parallel passages). Its chief conditions are, that the murderer is to live separate for twelve years, and to subsist on alms given by people who are acquainted with his crime. Without such an additional rule this and the following Sūtras are utterly unintelligible.

[25]:

Viṣṇu L, 13.

[26]:

Viṣṇu L, 14.

[27]:

Viṣṇu L, 7, 9.

[28]:

The author means to say that the word ātreyī is derived from atra, at that time,' and the verb i, 'to approach.' The etymology is worthy of the Nirukta.

[29]:

-40. Gautama XXII, 17.

[30]:

Viṣṇu LII, 1-2. Kṛṣṇapaṇḍita remarks that Śūlapāṇi explains audumbaram, 'made of Udumbara wood,' by 'made of copper,' and that the weapon intended is a club. The last remark is probably true, as the parallel passages of the other Smṛtis state that the thief is to take a club to the king, with which he is to be struck.

[31]:

Āpastamba I, 9, 25, 6.

[32]:

Manu XI, 49; Viṣṇu XLV, 4, 5, 6.

[33]:

Viṣṇu LIV, 28.

[34]:

Manu XI, 194.