Vikalpa In Manubhasya 11.87

[Full title: Mimamsa technical terms (22) Vikalpa (cf. Samuccaya) (32) References in Manubhasya verse 11.87]

REFERENCE Manu Smriti XI-87. 925 Passage - atreyim striyamatrigotra jatam jateravisesanna stripumsayo - brahmaninamapi prabhavatreyya ye tu 'strisuhrda ' iti tacaturvarna strimatre avamastrinamupapatakam mahapataka prayascitte vikalpate | evamapyutpreksaya "strisuhrdvadham " ityadesat | abhyatra tu strisudreti atreyyam vavikalpah | Translation Cmed hatithi on ms XI. -87) 'A woman of the Atreyi race' - woman born in the race of Atri, The caste of the man and woman being the same, what is prescribed in connection with the killing of 'a Brahmana' should apply equally to the case of the male and female, hence the mention of the 'woman of the Atryai race clearly excluded woman of the other races; which means that the killing of these other women of other Brahamana races, would be only a minor offence' mentioned above as the killing of a woman of a Vaisya or a Ksatriya what has been spoken to woman of all the four castes. The upshot of all this is that in the case of killing of a Brahmana woman, there are two optional alternatives the expiation laid down for 'hemous offences' and that prescribed for a 'minor offences'; which one of the two is to be adopted being determined by the qualifications of the husband or of the woman herself, as also by the intentional or unintentional character of the crime for instance, (a) even in the case of a woman of another caste, if she has a child still at her breast, the expiation shall be of the heavier kind,- in consideration of the fact, that it would be difficult for the child to live after the mother's death; (b) in the case of Brahmana

woman, who, faultless herself, has become an object of hatred to her husband, and is killed by a man because on being approached by him, she preserves her chastity and does not accede to his proposal, the expiation shall be of the heavier kind - as also (c) in the case of recklessly killing a friend's wife. In other cases on the other hand, ordinary expiation according to verse 66 would be applicable. In the case of Atreyi race, however, there are no alternatives. 926 Explanation While describing special expiation for special offences Mam in 1 Manusmrti XI-87 tells thus - "Having killed an unknown embryo, one should perform this same penance, also on killing a Ksatriya or a Vaisya, who has performed sacrifice, or a woman of the Atreyi race. Medhatithi, while commenting on the word 'Atrayime vaca Striyam s-tates that, specific mention of woman of Atreyi race excludes woman of other race; thereby it suggests killing other Brahmana woman will be minor offence as 2 70 mentioned in Manusmrti XI-66. Thus like killing of woman from Ksatriya and Vaisya castes. Thus he holds that, in such cases one may resort an option for the expiations which are laid down for hefnus offences and that of minor offences, considering qualification of husband or a woman and also by the intentional or unintentional character of the crime. He then clarifies with e-xamples. 1. hava garbhamavijnatametadeva vratam caret | rajanyavaisyau rcajanavatreyameva ca striyam || 11-87 2. dhanya kupya pasusteyam madyapastrinisevanam| Manu Smriti 2. 854 strisuddha viksatravadho nastikyam copapatakam || 11-660 Manu Smriti P- 850 (GE)

1 927 However in case of killing woman of Atreyi race one may not resort to an option and whatever expiation prescribed for Brahmana killing the same may be imposed. (Other commentators of Manu are silent on this point). 1. atreyyacaivam | gau 22.12; atreyi ca striyam adha su 1.9.24.9. atreyi is variously explained. The word occurs as early as the Sat.Br.1, 4.5.13 where in explaining why the offerings to Prajapati are made in a low tone a legend about the goddess Vac' is narrated and it is said that in having sexual intercourse with an Atreyi, A man incurs sin ( tasma dyayatreyya yojilai nakhi, ). How the word appears to mean a woman who is in her monthly i 11 ness (Vas. 20. 35.36) defines Atreyi as a woman who has taken the purificatory bath on the 4 th day after her monthly illness begins and derives the word from atreyim vaksyamo rajasvalamrta snatamatreyi mahuh | atra yevyadapatyam bhavatiti ? and atra Vasistha either cites or summarises a Vedic passage (as stated by Visvapupa) which means here (ive. in the womb of this woman) a child is to come. In SBE, Vol.14, p.107 the same is translated as if the husband approaches her at that (time) he will have offspring. But this is not correct. 'Esyat' qualifies 'apatyam' and is not in the misculine. Vas, derives the word from atra the root 3. Visnu Dham 5,361 and 50. 9 appear to hold that Atreyi means a woman of the Atrigotra, Haradatta on both-Gout. and Ap. explains Atreyi as Vasistha does and states that others interpreted it is aि on ya - smr III. 251 ( tatha treyi nisudakah ) explains atreyi as a woman within 16 days from the beginning of the monthly illness and quotes Vasistha 20,36 and also says - 'atreyi atrigotram varnayanti | tadapi yuktameva | tatha camnayah tatotrih sambabhuvetyukta tasmadayatrecya yositaina svijamahuh | nabhe sabhyagvyakhyane evam | atrimgalava From Sabara on Jai, VI. 1. 7 it appears that some preferred the meaning 3-111311 ' and regarded the prohibition to kill on Atreyi; as simply meant for praising that gotra tatha gotrapamsasartha asrayya avadha sangitamam | na capanna satva atreyi gogam dhyetat 1 na hi atrasabdadayam tachita utpanna 21 samarthanam hi taddhita utpadyate | naca atrasabdasya samarthamasti ' bha jai VI.1.99 ) yama quoted by para . ma 1.1 Pgives two meanings "janmaprabhrti samskaraih samskrta brahmacaryaya garbhini va thava tha syatamatreyim vinirdisetu . The amarakosa oka atreyo as a synonyms of rajasvala . (History of Dharma sastra, vol. III by MM P. V. Kane, p. No. 527).