Nelo be Deve tS SSF ष ध ~ ae ae Aniversity Library THE GIFT OF ५१० === ५ ११११००१५१५१५०१०००००११५००००१११११११५ १००१५ ११०५---००११५-०००५०१५५८५११ ee ee rneil Universit The Institutes of Parasara -translated ॥॥ a @ 20119168 9/111 11414; क] 01428 y The original of this book Is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022991891 eve ह BIBLIOTHECGA INDICA s (oLLECTION OF PRIENTAL Works PUBLISHED BY THE 4814716 SOCIETY OF BENGAL. | NEw Sznina, No. 611. | : INSTITUTES OF PARA’S‘ARA. TRANSLATED FROM THE ORIGINAL SANSKRIT oe KRISHNAKAMAL BHATTACHARYYA, - LATE PROFESSOR OF SANSKRIT IN THE PRESIDENCY COLLEGE’ OF CALCUTTA. A: PRINTED BY J. W. THOMAS, AT THE BAPTIST MISSION PRESS. ” AND. PUBLISHED BY THE 5 ASIATIC SOCIETY, 57, PARK STREET. 1887. | ie —_>._+@ LIST OF BOOKS FOR SALE AT THE LIBRARY OF THE fxsiatic PocieTy oF PENGAL, No. 57, PARK STREET, CALCUTTA. AND OBTAINABLE FROM THE SOCIETY’S LONDON AGENTS, MESSRS. TRUBNER 57 anp 59, Lupeare Hint, Lonpon, E. C. BIBLIOTHECA INDICA. . - Sanskrit Series Agni Purdna, (Sans.) Fasc. I~XIV @ /6/ each Aitareya Aranyaka of the Rig Veda, (Sans.) Fasc. I-—-V @ /6/ each Aphorisms of Sandilya, (English) Fase. I ee Aphorisms of the Vedanta, (Sans.) Fasc. III, V—XTII @ /6/ each... Ashtaséhasrik4 Prajnépéramité, Fasc, I Asvavaidyaka, Fasc. I—V @ /6/ each Asvalayana Grihya Sutra, Fasc, II—IV @ /6/ each Atharvana Upanishad, (Sanskrit) Fasc. I—V @ /6/ each Brahma Sitra, (English) Fasc. I... Bhamaii, (Sans.) Fasc. I—VIII @ /6/ each Brihad Aranyaka Upanishad, (Sans.) Fasc, VI, VII & IX @ /6/ each Ditto (English) Fasc. II—III @ /6/ each .. Brihat Samhité, (Sans.) Fasc. II—III, V—VII @ /6/ each Ohaitanya-Chandrodaya Nataka, (Sans.). Fasc. LI—III @ /6/ each ४ Chaturvarga Chintémani, (Sans.) Vols. J, Fasc. 1—11; II, 1—25; III 1—16, @ /6/ each Fasc ce Chhaéndogya Upanishad, (English) Fasc. II... Desarupa, Fasc. II and III @ /6/ Gopatha Bréhmana, (Sans. ) Fase. I and II @ /6/ each Gobhiliya Grihya Siitra, (Sans.) Fasc. I—XII @ /6/ each Hindu Astronomy, (English) Fasc. I—III @ /6) each Kélamddhaba, Fasc. I and II @ (५4 os K&tantra, (Sans ) Fasc, I-VI @ /12/ each $ a Katha Sarit Sagara, (English) Fasc. I—XIII @ /12/ each .. Kanshitaki Brahmanapanishads, Fasc. II ६७ ee Kiirma Purana, Fasc. I—III @ /6/ eaoh ४ Lalité-Vistara (Sans.) Faso. II-VI. @ /6/ Lalita-Vistara, (English) Fasc. I—ITI @ /12/ each Manutikaé Sangraha, Fasc. I—II @ /6/eaoh = ,, ७ Mimimsé Darsana, (Sans.) Fasc. II—XIX @ (4 each 9 6 ae ee ee se ee ee ae ee Markandeya Purana, (Sans.) Fasc. T[V—VII Jeach .. se Nrisimha Tapani, (Sans.) Fasc. I—III @ /6/ each Nirukta, (Sans. ) Vol. I, Fasc. 1—6; Vol. IT, Faso. 1—6; १०1, ITI, Fasc. 1—6 $ Vol. IV, Fasc. I & II @ /6/ each Fase... ०५ ie Nfrada Smriti, Fasc. I-III @ /6/ es ४ अ Nydya [09188719 (Sans.) Faso. IIT =, Nitiséra, or The Elements of Polity, By' Kémandaki, (Sans.) Faso, II—V /6/ each .. भ, ve ee 9७ 9७ (Continued on third page of cover.) & CO. 5 4 1 14 0 6 3 18 # करां ++ ORT BRE ० © 89 ~ +~ © & # = ~+ > =< 0 | कृष bo |; BIBLIOTHECA INDICA : A COLLECTION OF ORIENTAL WORKS ASIATIC SOCIETY OF BENGAL. New Seriss No. 567. THE INSTITUTES OF PARAS’ARA. TRANSLATED INTO ENGLISH BY KRISHNAKAMAL BHATTACHARYYA, FORMERLY PROFESSOR OF SANSKRIT IN THE PRESIDENCY COLLEGE OF CALCUTTA, PROFESSOR OF LAW, RIPON COLLEGE, VAKIL, HIGH COURT. CALCUTTA : PRINTED BY J. W. THOMAS AT THE BAPTIST MISSION PRESS, AND PUBLISHED BY THE ASIATIC SOCIETY, 57, PARK STREET. 1887. © ० # {^ ¢ #. PARASARA holds high rank as an Indian legislator. He has been named by Yajnavalkya as one of the twenty writers of authoritative treatises on Hindu Law, Yéjnavalkya himself being one of the twenty. The enumeration is found in the following verses in the beginning of the First Chapter of the Institutes of Yajnavalkya : मन्वचिविष्णद्ारोतयान्नवरक्यो गनो SET । यमापस्तम्नसं वन्नाः कात्यायनटदस्पतौ ॥ पराशरव्यासश्घुःलिखिता द चगौतमो | शातातपो afusy धम्मेशाल््रप्रयोजकाः ॥ Colebrooke, in his preface to the English translation of the Vivédabhafigarnava of the celebrated Jagannétha Tarka- panchénana,—which translation 18 otherwise known as Cole- brooke’s Digest of Hindu Law,—notices 12148818, in the following words :~~ ८८ 21668719, grandson of Vasishtha, is termed the highest authority for the fourth age; a work attributed to him is extant, with a commentary by Madhavacharyya.” The foundation of the notion, that the Institutes of Par4- Sara are suitable for the fourth or Kali age, is the text of PardSsara itself. [See Ch. I, sl. 24.] Visvandtha 1804111, in his learned edition of the Vyavéh4ra- mayikha, (p. 310), speaks of Pardsara in the following manner : 1V PREFACE. ८८ Parésara’s work is expressly intended to supersede Manu and Y4jnavalkya as having been unsuitable to the age owing to lapse of time. Pardéara treats of Achdra (ceremonies) and Préyaschitta (penance) alone; but this omission to refer to the civil law is not, in my opinion, due to the absence of its development at the time, as it is in the earlier law-givers like Atri. Adverting to that subject, Pardsgara says that certain questions are to be determined by the decisions of a parshad or assembly of the learned. I interpret this statement to mean that Par4sara found the civil law of the Smritis so considerably modified by usage that he felt it unsafe to refer his reader to those works, and therefore invested the verdicts of parshad or conclaves of the learned versed in the cnrrent usages of the country with great authority. On the other two branches, whereon he has delivered himself, his law is certainly a later development, seeing the minute details in the ceremonial and the abatement of stringency in respect of penances observable in his work. Agriculture is not only permitted here to the higher classes under emergency, but a series of directions about it are given, and a ceremonial laid down, a conformity with which excuses a resort to agriculture by the twice-born even in ordinary circum- stances. * * *, The word Pard4Sara occurs in the Gana- patha of P4nini, in the Gana named Gargédi. Pardsara is one of the seven seers of Vedic hymns in the family of Vasishtha, and some descendant of his named Pérdéaryya is a Pravara of one of the four branches of VaSishtha’s de- scendants.”’ The three branches of Hindu Law alluded to in the above extract are (1) the Achara or ceremonial duty, (2) Vyava- 1878, or litigation, (3) Prayaéchitta or penance or expiatory rites. A DharmaSastra, 2. ¢., a treatise on law, ought to deal with all the three branches of law, as illustrated by the Institutes of Manu, in which each one of the branches has been dwelt on with nearly the same detail and copiousness. PREFACE. v Par4sara, on the other hand, has hardly paid any attention to the second branch, which, as understood by the Brah- manic lawyers, comprises all questions relating to civil rights, and also criminal liability. The word Vyavahara means ‘litigation,’ or ‘a law-suif.? The Mitakshara of Vijndnesvara, in commenting upon Y4jnavalkya, Ch. 2, ए, 9, makes mention of the two classes into which all legal pro- ceedings resolve themselves, namely, those arising from dis- putes about property, and those proceeding from wrath or passion; the examples of the latter class being assaults and other personal injuries. Now, Pardsara gives but few directions, with reference to either of these two classes of legal proceedings. With regard to civil law or the law relating to civil rights, I can point to two important texts in his work. One is the text which gives sanction to the re-marriage of widows (sée Ch. 4, v. 28). The other lays down that there can be only two kinds of adopted sons in the Kali age. (See Ch. 4, ए, 22.) According to the Commentator Madhava Acharya, this omission of civil law in the Institutes of 29188818, is not an oversight. The main object of the saint was to dwell upon such parts of the duties cf man, as are connected with his welfare in the next world. The law relating to civil rights has reference only to his temporal requirements, none to his spiritual ones, For this reason, says Madhava, (Introduction, 0. 17, Sanskrit edition), Paradsara has briefly alluded to this branch of the law in 81612, 67, ch. 1, where he says that a king should rule the state in the way prescribed by law. MAdhava Ach4rya, in the introductory part of his commen- tary, has given the following analysis of the work. In the Institutes of Par4sara, there are two divisions, twelve chap- ters, and 592 slokas in all. The first division relates to Achara, or the ceremonial part of the law; the last division is concerned with Pr4yaschitta, or expiatory penance for sins incurred. The part of the work relating to Ach4ra, or V1 PREFACE. the ceremonial law, contains three chapters ; in the Prayas- chitta or the penance part, there are nine chapters. The contents of the first chapter in the Ach4ra division are ;— the religious duties of the four castes, such as are special to a particular caste, and also such as are general to all the castes; the daily prayers and the observance of approved usages are duties general to all; the six duties, and the work of Government are special to the several castes. In the second chapter are declared the means of livelihood, such as agricul- ture and the rest; together with the duties devolving upon the four stages of life. In the third chapter, the subject of Impurities and that of the Sraddha ceremony have been dwelt upon. These three chapters together make up the Achara part of the work. In the fourth chapter, directions are given for the atonement of sins nowhere else provided for; and in- eidentally have been spoken of, the different kinds of sons, and the subject of marnage by the younger brother while his elder brother remains unmarried, In the fifth is found the ceremony of setting up the householder’s fire, together with what else had to be said in connection with sins else- where unprovided for. In the sixth are found penances for various classes of sins, and also the subject of approved food and drink. The seventh chapter dwells upon the purity or otherwise of other articles. The penance ina general form for the sin of having killed a cow forms the subject of the eighth chapter, and in the next occur details as to how the nature of the penance is affected by certain special circumstances connected with the act of killing a cow, such as fastening the animal in a particular manner, and so forth. The tenth treats of the penance for the sin of having had sexual intercourse with females with whom carnal union is not allowable ; the eleventh, of the penance for eating pro- hibited food. The twelfth supplies generally the omissions of both the divisions of the work. The number of slokas in the whole work, as stated by PREFACE. Vil Madhava, and also as mentioned in 81018 81 of the 12th chapter of the work itself, does not agree with what is actu- ally found in different MSS. The subjoined is a list of the numbers of slokas as found in the several chapters in the approved text of Madhava. Chapter. No. of slokas. es Me ae ioe a iS eer ete Sate ie LO 91८ + oe Sa ... Al | ore ve ai eo aa sek os nie ee १1; ae ii ४४४. 8D WI -ss oh noe ५५" 1 च 117 इ oe ites “Ae | >. er sas श «va. 200 >. re ies shes श >. © ee ia Be 3 90 AIT... os ue ae 282 Total ... 578 The present translation has been based upon the text of the work, which has been sanctioned by Madhava, and generally upon the explanations given by that great com- mentator ; though slight departures in the meaning have occasionally been made. The translation has in fact followed the text which is now in the course of being edited by Pan- dit Chandrakanta Tarkélafkara, under the patronage of the Asiatic Society of Bengal, which has vouchsafed its patron- age to this translation too. Five fasciculi of the Sanskrit text, together with the commentary of Madhava, are already out. Dr. Rajendralila Mitra, under whose kind encourage- ment this translation was first undertaken, supplied me with the text in manuscript for the greater part of the work, not yet published. Vili PREFACE, In conclusion, gratitude bids me state that my translation has had the inestimable advantage of having been carefully revised by Dr. Réjendrdléla Mitra, for whose trouble in the matter my acknowledgements can hardly be adequate, KRISHNAKAMAL BHATTACHARYYA. 27th January, 1887. CONTENTS OF THE INSTITUTES OF PARASARA. DIVISION I. ACHARA KANDA Cuaprer 1. Page Duties of the four castes, general and special, ... Cuartir 2. Means of livelihood, agriculture and the rest.—Religi- ous duties suitable to the four stages of life, 10—12 Cuarter 3. Details relating to the law of impurities.—Provisions regarding the Sraddha ceremonies, 13—18 DIVISION II. THE PRAYASCHITTA KANDA Cuarrer 4. Penance for sins not provided for in other works.— Different kinds of sons or afiliation.—The sin incurred by a younger brother when he marries before his elder ,,, 19--48 age brother, 0 wis x CONTENTS. Page Cuaprer 5. Continuation of the law relating to sins elsewhere un- provided for.—The sacrament of setting up a household fire, eee eas oon ace see ees ane see 24—26 Cuapter 6, Penance for varions classes of sins.—Purity of articles of food and drink, ... ध = ye ve we 27-35 Cuarrre 7. Purity or otherwise of other articles for use, ... we =36—40 Cuapter 8. Penance for killing a cow, general rules, ‘ite we 41—45 Cuarter 9, Special forms of penance for killing a cow, on the ground of special circumstances, such as confining the animal in a particular manner, and 80 forth, = ,,, ee 46—52 Cuarrer 10. Penance for sexual offences, ... bes ‘se ,,, $ॐ-5? Caarter 11, Penance for partaking of prohibited food, sa ve $58-64 Carrer 12. Miscellaneous provisions connected with both the Divi- sions of the work, ... (१ rH ee sis ws 65—74 THE INSTITUTES OF PARASARA. FIRST CHAPIER. 1. Now to begin.—On the top of the snowy hill, in the hermitage of the Devadarn grove, the Rishis of yore inter- rogated Vyasa, who was seated, rapt in thought. 2. Exponnd, O son of Satyavati! the law, which is for the good of mankind, in the present Kali age; and the practice of purification, such as it ought to be. 3. Hearing the above saying of the Rishis, (he) the adept in the Veda and the Smriti, and exceedingly bright, like a a kindled fire or the sun, who was attended by his pupils, said in reply, 4, ५८ [ have not the knowledge of the whole of the truth. How can I venture to expound the law? It is our father who should be asked.” Thus said Vyasa, the son. 5, 6, 7. Then all those Rishis, desirous to obtain correct notions of law, proceeded, under the lead of the Rishi Vyasa, to the Badariké hermitage, (a spot) crowded with various trees, beautified by flowers and fruits, diversified by rivers and rills, ornamented with holy bathing-places, resonant with the voice of beasts and birds, studded with temples, and enlivened by the dance and music of Yakshas, Gandharvas, and Siddhas. 1 2 INSTITUTES OF PARASARA. 8 & 9. There, Vy4sa, accompanied by the Rishis, by putting together both his palms and by circumambulation, obeisances and laudatory speeches, paid respects to Pardsara, the son of S‘akti, seated at his ease in the midst of an assemblage of Rishis, and surrounded by a host of Munis of the highest rank. 10. Now, with a gladdened heart, the great Muni Pard- Sara, pre-eminent among Munis, thus spoke without rising from his seat, ^^ Tell (me) about your safe arrival.”’ 11 10 15. Vyasa having said “ (All are) well,”’ thus inter- rogated him : “Tf thou art aware of my reverence (for thee), or from affection, O thou affectionate to persons revering thee! expound the law to me, for I am, father, an object of kindness to thee. The rules of law expounded by Manu have been heard by me, and those by Vasishtha and hy Kasyapa, and by Garga and by Gautama and hy Usanas; the laws of Atri and Vishnu and Samvarta and Daksha and Angird and Sététapa and Harita and Yéjnavalkya, and Katydyana and Prachetas and Apastamba; and the laws of Sankha and Likhita, 16. ^ All these (laws) have been heard (by me as they were) expounded by thee; they embody the sense of the Veda ; (they) have not been forgotten by me. (They are) the laws for the four ages, the Krita, the Treti, and the rest, forming parts of this Manvantara. 17. ^ 4 ]1 laws arose in the Krita age; all Lave vanished in the Kali age. Hxpound a part of the rules of conduct fit for the four castes, such as are common (to all). 18 & 19. “ Likewise, thou proficient in the nature of law, expound in detail, both in its manifest and in its recondite forms, the law to be followed by those among all the four castes who are skilled in the knowledge of law.” CHAPTER I, 3 At the end of the words of Vyasa, Pardsara the chief of Munis, in detail expounds the law (as) settled, both in the manifest and in the recondite forms. ८ Listen, my son, and let the Munis also hear. 20. “In each Kalpa (the deities) Brahma and Vishnu and Siva, and the expounders of the Veda, the Smriti and approved usage, invariably perish, and are born again. 21. ‘The author of the Veda there is none ; (he) the four- faced (God), at each succeeding revolution of a Kalpa, re- calls to mind the Veda; and so does Manu remember the law (at each succeeding revolution of a Kalpa). 22. ‘In conformity to the character of the age, the rules of law (suitable) for men differ from age to age. The rules for the Krita differ from the Treté rules; the Dvapara laws are not identical with the Kali rules. 23. ‘‘Self-mortification is the rule in the Krita age; knowledge is said (to be the same) in the Treti; in the Dvaépara, (they) say sacrifice (to the gods to be) the sole (rule) ; and charity alone in the Kali age. 24, “For the Krita are suited the laws of Manu; for the Treté, those by Gautama (are) prescribed; for the Dvdpara those by Safkha and Likhita; for the Kali, those by Pard- gara are prescribed. 25. In the Krita, one should quit a country itself ; one should quit a village in the Trett; in the Dvdpara (one should shun) only the particular family ; but in the Kali, one should shun the perpetrator alone (of an offence). 26. “In the Krita sin is incurred by one who converses (with a sinner); in the Treta by one who touches (the sinful man); in the Dvaépara by taking the sinner’s food; in the Kali by a (sinful) act (alone). 27. ‘* A curse in the Krita takes effect the moment it 18 uttered ; in the Treta (it does so) in ten days’ time; in the Dvapara, in the course of a single month; in the Kali, how- ever, it takes a year. 4 INSTITUTES OF PARASARA, 28. ‘In the Krita (the donor himself) comes up to (the donee) and makes the gift; in each succeeding Treta age, (the donee) is invited and the gift is made; in the Dvapara, the gift is made to one who asks for it; in the Kali, how- ever, gifts are made in exchange for service done. 29. ‘Excellent is the gift, made on coming to the donee’s side ; the gift after invitation is of the middling kind; gift to a suitor is of a low character; but gift for service (ren- dered) is fruitless. 80 & 31. “Religion has been overthrown by irreligion ; and truth indeed by that which is false; kings have been overpowered by thieves; males have been subdued by females; the worship of fire is dying out; respect to superiors is ceasing to be seen; and maidens are becoming mothers: this is what invariably happens in the age of Kah. 82. ^^ Life in the Krita has its seat in the bones; in the Treté it has its seat in the flesh ; in the Dvdpara the blood is the seat of life; in the Kali, however, life is dependent upon food and the like. 33. “Special are the rules of conduct for each cyclical age; and the regenerate castes are guided by the rules that govern the age; no censure (therefore) cau attach to them ; for the regenerates conform to the spirit of the age.” 34, The saints have explained what other capabilities are special for each particular age. And the expiation pre- scribed by Pardsara too 18 practised (in actual life). 85. ‘I shall this very day bring to my remembrance the whole of the same, and shall propound it to you. Let the leaders of the saints (literally the bull-like saints) listen to the approved law, which should be followed by a society observing the rule of castes.” 36. Holy is the work composed by Parigara; it leads to well-being and destroys sins; properly construed, it settles CHAPTER I. 5 the duties of the Brahman caste, and establishes the religion of all the rest. 37. Sidra, even though his passions may have been subdued by him. Who would quit a wicked cow, and try to milk a docile female ass? 26. The institutes of law form the car on which the Brihman mounts; the Veda is the sword which he wields; whatsoever he says, even in jvke, is to be taken as the high- est rule of law. 27. One skilled in each of the four Vedas; one who knows what a religious duty is and what is the expia- tion for its breach; one who is competent to expound the law; one versed in the branches of the Veda; one who has studied the institutes of law; and the three, who are in any of the higher stages of life—these ten persons are the best fitted to form a council. 44 INSTITUTES OF PARASARA. 28. The penance should be prescribed with the approval of the king; it should never be prescribed independently of the king; but where the penance is trifling, it may be carried out (without such approval). 29. If the king intends to lay down the law, disregarding what the Brahmans say,—the sin is multiplied a hundred- fold, and, so increased, affects the king. 30. Expiations should be prescribed in front of a temple; then the prescriber shall perform a Krichchhra for him- self, and then recite the Gayatri hymn, the mother of the Veda. 81. The sinner must shave his head, including the coronal lock; be must plunge in the water at sunrise, sunset, and noon; he must pass a night in the midst of cows; and in the daytime must follow the footsteps of cows. o2. In heat, in rain, in cold, or when the wind is blow- ing hard, he must not seek to shelter for himself without procuring a shelter for the cow, so far as he is able. 33. Whether it be in his own, or in any other person’s house, or in a field, or on a threshing-floor,—if he espies a cow consuming corn, he must not give a warning to any; nor must he warn the owner, if the calf be (stealthily) suck- ing the milk. 84. The sinner should drink water when the cows would drink; he should go to sleep when they are about to sleep; if a cow gets a fall, and sticks in the mud, he should raise her with the exertion of his utmost strength. 35. He who loses his life for a Brdhman’s sake, or on a cow’s behalf, is freed from the sin of killing a Br&hman ; so also is he who has saved the life of a Brahman or a cow. 86. Having regard to the special feature of the sin, which may have been incurred by killing a cow, one should prescribe the Prajapatya penance. The two forms of expia- tion, Krichchhra and Prijipatya, may be divided into four grades. CHAPTER VIII. 45 37. For the first day the rule should be to take only a single meal; for the next day, to eat at night; for the third day, to eat what, unasked, is given to him; and on the fourth day, to live on air 38. For two days, to have only a single meal a day; for two days to eat only at night; for two days, to eat, what, unasked, is given to him; and for two days, to subsist on air. é 39. For three days to have a single meal a day, for three days to eat only at night; for three days to refrain from asking for food; and for three days, to subsist on air 40. For four days to have a single meal (a day) ; for four days to eat solely at night, for four days to refrain from asking for food ; and for four days to subsist on air. 41. When the penance has been finished, Brahmans should have a feast given them; and a gratuity too 18 to be given them; and the Brahmans should inaudibly recite the puri- ficatory sacred hymns. 42. The killer of a cow, who has feasted the members of the Brahman caste, will undoubtedly be free from sin. Kind of the eighth chapter. 46 INSTITUTES OF PARASARA. NINTH CHAPTER. 1. Where cows are confined, or are tied, simply with the object of protecting them from harm, no sin arises on the death of a cow, whether (the death be caused by) voluntary or involuntary action. 2. Ifacowis killed by striking it with an instrument larger than a stick, then the expiation for it should be twice of what has been detailed hereinbefore. 8. On death from confinement, a quarter of the penance is to be performed; on death from binding, two quarters; on death from tying toa yoke, three quarters; the entire penance, ‘when hitting causes the death. 4—5, Death in a pasture, or in the house, or in places difficult of access, or in rugged and uneven spots, or in rivers, seas, and other like places, or at a river’s mouth, or at a spot where the conflagration of a forest has taken place is denominated death by confinement. 6—9. Death occurring while a bull is tied to a yoke, or with a band round the belly or neck, or with an ornament of any kind, whether in a house or in a wood, would be death by binding, whether brought about wilfully or not. If death should happen while the bull is attached to a plough, or to a cart, or oppressively burdened by men on the back, then also it is said to be caused by a tie. If a person drunk, heedless, or mad, whether conscious or unconscious of his act, whether wilfully or otherwise, excited with wrath, hits the cow with sticks or stones; and the cow 80 hit hap- pens to be killed, the death is said to be caused by hitting. 10. A staff as thick as the thumb, and as long as an arm, and which has been recently broken from a tree, is fresh, and has the leaves yet upon it, is denominated a danda or ° stick.’ 11--12. If a bull, hit with a stick, falls down, or faints; then gets up, and walks some five or seven or ten CHAPTER 1X. 47 steps; or eats a mouthful; or drinks a little water; and then dies, there is no sin, and no expiation is needed ; provided the bull had been previously afflicted with some disease. 18. If the foetus of a cow is destroyed, while it is in an amorphous state, a quarter penance is prescribed for the sin; when it has attained some distinct form, then the penance should be two quarters; by destroying a footus which has not yet developed its consciousness, the sinner must perform three quarters. [ Madhava says that there are four states of the foetus in the womb, —viz., amorphous, morphous, unconscious, and conscious; in the amorphous, or ‘ pizda’ condition, the foetus is but a bubble. | 14. In a quarter penance, the rule is to shave the hair all over the limbs; in two quarters, the beard likewise; in three quarters, the shaving is to be of all hair, except the coronal lock ; but on killing after birth, the shaving includes the coronal lock too. 15. In a quarter penance, the gift to be made is a pair of clothes; in two quarters, a vessel made of bronze; in three quarters, a bull; and in the full, a couple of catile is the gift prescribed. 16. If all the members of the foetus are complete, or if it be observed to have consciousness, or fully developed in its limbs, large and small—then the sinner must perform twice the penance for killing a cow. 17—18. Ifa person has hit a cow with a piece of stone or with a stick,—he must perform a quarter penance on break- ing a horn; and two quarters on fracturing a bone; on injury to an ear, three quarters; but the penance should be + full, when death is caused. 19. On breaking a horn, a bone, or the spine about the waist, if the animal lives during the next six months,— there is no penance prescribed by law. 48 INSTITUTES OF PARASARA. [MAdhava says that, in case the animal survives six months, the penance prescribed for causing death need not be performed ; but the penance for the particular injury must yet. be performed.] 20. On causing a fracture or a wound, the sinner with his hand must apply some oily substance to the injured part ; fodder also must be given to it, till it 18 restored to full trength. : 21. The man must nurse it, till its entire body i rendered whole; and then, in a Brahman’s presence, he i to make obeisance to it, and bid it farewell. 22. If the entire body is not rendered whole again, if the body remains injured still,—then half the penance for kill- ing a cow is to be prescribed for the sinful man. 28. If cattle are bound or confined, with a view to pro- tect them at night, and if pain is caused, by reason of load- ing or unloading the beasts, there is no sin. 24. If a bull happens to be unduly burnt, on the oeca- sion of cauterizing an injured part; or if a bull is loaded beyond his strength; and if he.be sent, so loaded, to cross a river, or travel over hills,—the following penances are prescribed by law: 25. On an excessive burn, a quarter of the penance; two quarters, iu case of an excessive load; on boring the nose of the bullock, and putting a rope through the bore, three quarters ; on causing death, the entire penance. 26. If a reckless person, using force, causes death to a cow, with a clod, a piece of wood, or a piece of stone,— the following is the penance to be prescribed for him. 27. In case of death being caused by a piece of wood, the penance santapana is prescribed by law; in case of a clod, the prajapatya penance; in case of a piece of stone, the tapia krichchhra ; in a case of death being caused by a cutting instrument, atikrichchhra is the penance. 28. Five cattle are the gratuity in the sdntapana pen- CHAPTER IX. 49 ance; in the Prdjdpatya, three cows are prescribed; it is eight cows, in the Zaptakrichchhra penance ; thirteen cows in the Atikrichchhra. 29, On killing an animal, gift of a similar animal should be made; or some price equivalent thereto: this is in con- formity to what Manu has said. 30. If by reason of an excessive burn, a bull should die, while tied with the harness ropes, the penance is a single quarter, duly performed: so Pardsara has said. 31. There are six causes by which death may be caused; confinement; bonds; loading; hitting; sending to difficult grounds ; and harnessing. 32. If, while the body of the beast is carefully bound with various bonds, the animal happens to die in the house, the sinner is bound to perform half the penance prescribed for killing a cow. 88. The ropes for binding cows must not be made of cocoanut fibre, nor of flax or hemp, nor of hair, nor of munja grass, nor of the bark of a tree, nor of iron chain; should they be unavoidably bound with any such material, the owner should be ready with an axe, (to sever the bonds,) should any emergency arise. 84, The ropes for binding (cattle) should be made of the fibres of the kusd or the kés& grass; and while so fastened, the beast should have its face turned to the south; should the beast be burnt while fastened with such ropes, there is no liability to any penance. 85. If, however, there be a piece of wood connected with the ropes of the above character, the question arises, what form of penance is prescribed by law? In such a case, one should recite the Gayatri hymn, the goddess that purifies ging, and thereby free himself from the sin. 86. If the owner sends his cattle to graze near wells and tanks, to grounds where trees are being felled, or if he sells them to persons who eat beef,—then he 18 affected with 7 50 INSTITUTES OF PARASARA. the sin of killing a cow, if death is caused to cattle thus dealt with. 37—-38. On the occasion of worshipping a bull, should the bull, while being driven to run, (as a part of the ceremony of worship), have his side broken; or get his ear or heart broken or injured, by reason of falling into a well; or, while getting out of the well, get his neck or legs injured or broken; and the animal expire in that state ;— in such a case, three quarters of the penance should be observed. 39. If a cow dies, having, in order to drink water, entered a very deep well, or dies on an embankment by a river, or on a dyke across a river, or at artificial reservoirs for water- ing cattle,—then the owner is liable to no expiation. 40. No expiation is necessary for the death of a cow in a well, or an embankment, or an elongated or a small tank,—or in other excavations made for a religious purpose. 41. Butif any one should make an excavation just at the door of a house, or at places where the cows usually dwell, or within the house for his own purposes, (the object not being to win any religious merit,)—he is liable to an expiation, if 2 cow should expire by falling into it. 42. If cows, while confined or tied at night, are killed by tigers or by snakes, or are burnt to death, or killed by hghtning,—there is no liability to expiate the sin. 43. If a village is attacked with flights of arrows,—in consequence whereof cows are killed, or if a house tumbles down and thereby kills cows,—or if they are killed on account of excessive rain,—there is no liability to expiate the sin. 44, For death of cows caused in course of warfare, or a conflagration, or the assault of a hostile force,—there is no necessity for a penance. 45. In a case of difficult parturition, ifthe cow has to be fastened for drawing the foetus out, and the animal CHAPTER IX. ५ expires in spite of every care, there is no liability to perform a penance. 46. In binding or in confining cows, if a large number dies, by reason of an error on the cattle doctor’s part, penance should be directed in such a case. 47. When spectators keep aloof, and refrain from giving help to cows or bulls in distress they are affected by sin. 43. When a single cow is killed by many in concert, and it is not known whose stroke has actually caused the death—then the officers of the king are to subject them all to some form of ordeal, to find out the person who really killed the cow. | 49. Jia single cow has been put to death by many persons through a mere accident; they must each separately perform a quarter of the penance for killing a cow. 50. By seeing the blood, it is inferred that a cow has been killed; leanness shows that disease has been the cause of death; saliva about the teeth betokens the fact that the bite of some animal must have caused the death: thus 18 ascertained the fact of natural or violent death. Injuries other than death are inferred by facts like this,—that the animal is averse to take its food; or is unable to proceed on the way. 51. Manu, versed in all the branches of learning, has prescribed a general penance for killing a cow, where the special features of the sin cannot be known. He directs that a person killing a cow is to observe the lunar fast. 52. If a sinner desires to retain his hair, then he must perform a double penance; a double fee is essential for a double penance. 53. If the defaulter be a king, or the son of a king, or a learned Br4hman,—the penance to prescribe in their case is, that they may dispense with the shaving of the hair. 54. For women and virgins, the shaving of the head 18 taken as accomplished when the entire mass of hair is 52 INSTITUTES OF PARASARA. raised and the top is clipped to the extent of two fingers’ breadth. 55. As regards a woman, there 18 no shaving of the head ; nor sitting or sleeping at a distance from home; nor must a woman spend the night on the grazing ground ; nor in the day-time follow the steps of a cow. 56. Specially must a woman refrain from following the cows, where, to do so would take her to rivers, and conflu- ences, and likewise to forest tracts. Women must not wear a garment of skin. Thus is penance performed in their case : 57. They should wash at sunrise, sunset, and noon; should also perform the worship of gods; the penance, whether a Krichchhra or a Chandr4yana, is performed by them, while living in the midst of friends. They are to stay in the house, and to perform the penance in a pure spirit. 58. In this world, if a person, who has been guilty of the sin of killing a cow, makes an attempt to conceal the fact, undoubtedly he goes to the frightful hell Kalasutra. 59. Released from that hell, he is born again in the mortal world, a feeble and impotent man, leprous and wretched, for seven successive existences. 60. Therefore sin should ever be disclosed; and the prescribed penance should always be performed. One should forswear immoderate wrath towards a woman, a child, a cow or a Brahman. End of the ninth Chapter. CHAPTER इ, 53 TENTH CHAPTER. 1. NowlI shall describe the penances which are salutary for all the castes. For sexual intercourse with a prohibited relation, the penance meet 18 Chéndrayana. 2. Inthe dark half of the month, one must take off from his daily food, mouthful by mouthful on each successive day; it should begin in the light half of the month; on the new moon day, there is an absolute fast; this is the rule for the Chandrayana penance. 8. Hach mouthful is to be made as big as a hen’s egg; otherwise, the sinful man would be wanting in good faith, and win no religious merit; so he would not obtain freedom from the sin. 4. Having performed the penance, a feast should be given to Brahmans; a pair of clothes, and a couple of cattle, form the fee for the Bréhmans. 5, Should a regenerate man commit adultery with a woman of the (11410६12 or S’vapaka caste, he should, by order of Brahmans, fast for three successive nights. 6. And Pards’ara has declared, that the fee to be given is a couple of cows, whereby freedom from the sin is obtained. Should a Kshatriya or a Vais’ya, cohabit with a woman of the Chandala caste, 7. He is to perform a double Prdjdpatya, and to pay a fee of two couples of cattle, each couple to include a female and a male. 8. If a S’udra commits an act of guilt with a woman of the Chandala or S’vapéka caste, he must perform the Prijépatya penance, and give a fee of four couples of cattle, each couple to include a female and a male ; 9. If a person, bereft of all sense, cohabits with his mother, or sister, or self-begotten daughter, he must per- 54 INSTITUTES OF PARASARA, form a three-fold Krichchhra penance; a three-fold Chan- drayana should also be performed ; he must, likewise, cut off his male organ. 10. On cohabition with a mother’s sister, it is requisite to cut off the male organ; but if it has been done unwit- tingly, the sinner must perform a double Chaéndréyana. He must give ten couples of cattle, each couple to consist of a female and a male, as fee: this is the expiation as declared by Paraséra. 11. On sexual union with a father’s wife, or a near re- lative of the mother, or a brother’s daughter, or the precep- tor’s wife, ason’s wife, or the wife of a brother, or the wife of a brother of the mother, or any woman of the same gotra, a three-fold Prajapatya is the expiation prescribed ; a couple of cattle is the fee to be given. Thus the sinner undoubtedly gets rid of his sin. 12. On carnal intercourse with a beast, or a prostitute and the like, or with a female buffalo, or with a female camel, or with ashe monkey, or with a sow, or a female ass, one should perform the Préjapatya penance. 13. On carnal intercourse with a cow, the sin is removed by three nights’ fast; a cow should be presented to a Bréhman as fee. On carnal connection with a female buffalo, a female camel or an ass, the sin is removed by one night’s fast. 14. On the occasion of a civil commotion, or in a war, during a famine, or an epidemic, or when people are being carried away as captives of war, or when there is a panic (in the land), one should always look after his wife. 15. If a woman has associated with persons of the Chén- dala caste,—then a meeting of not less than ten Brdhmans should be assembled, and she should proclaim her sin before them. 16. A well should be made, deep enough to sink as far as the neck, and full of cow-dung and water and mud; the CHAPTER इ. 55 woman should fast and stay within the well; and should come out at the end of an entire day and night. 17. She is to shave her head, including even the coronal hair; she is to eat unripe barley mixed with water; she is to fast for three successive nights, and stay in water for a single night. 18. She must prepare a decoction with either the root, or leaves, or flower or fruit, of the creeping plant called the Sankhapushpi, mixed with gold and the five articles derived from a cow; and she is to drink this decoction; then she must live on one meal a day, until she is. in menstrua- tion. 19. So long as she performs the penance, she is to dwell. outside the house; after the penance has been fully per- formed, she should give a feast to Brahmans. For fee she should give a couple of cattle. This is the purification declared by Mann, the self-existent’s son. 20. For a woman of any one of the four castes, if she is guilty of a sexual union with a Chéndala, the purification is a Chindréyana. As the earth is, so is a woman; she there- fore should not be regarded as wholly unclean. 21. Ifa woman is enjoyed by force, or by putting her in terror, or after she has been taken as a prisoner of war; she is to perform the Sdntapana penance: the sin is thus re- moved, as Pardsdra has said. 22. If against her will, a woman has been once enjoyed by a wicked man; she becomes pure by a Prajdpatya, and by the flow of blood during her monthly courses. 23. If a person’s wife drinks spirituous liquor, half his body becomes polluted by sin; there can be no expiation for him, half whose body has become polluted by sin. But he should perform a Krichchra-santapana, while all along re- citing the Gayatri hymn. 24. A Krichchhra-santapana consists in eating cow-dung, ecow’s urine, milk, curd, ghi, and water in which (पऽ 96 INSTITUTES OF PARASARA. grass has been dipped, and likewise a fast for a single night. 25. If a woman becomes pregnant by her paramour, at a time when her husband is dead, or is missing ;—she being a wicked and a degraded woman, should be earried to the territory of a different king, and be abandoned there. 26. If a Bréhman woman, goes away with a paramour, she should be regarded as totally lost; there can be no further intercourse with her. 27. If a woman, from passion, or senselessness, abandons her relatives, her husband and sons, and goes away, she is lost, so far as her future life is concerned ;—altogether lost, so far as her relations are concerned. 28. If a woman is struck with a stick or the like on account of some mischievous or senseless act, and she gets incensed and goes away, and if it be her first offence,—there is no objection to her coming back again. 29. If she comes back within ten days, there is no liability to perform a penance. For ten days, a woman should not be given up as lost. But on information that she has committed the act of sin, she should be given up within ten days. 30. The husband must perform a Krichchhra penance; and the relatives, half a Krichchhra. And those who have associated with them in drinking or eating, are purified by fasting a day and night. 31. Ifa Brahman female goes away, although not accom- panied by a paramour, still her relatives must give her up, for fear that she may have had, after her departure from the house, sexual intercourse with a hundred men. 32. To whatever house a polluted Bréhman woman goes in company of'a paramour,—whether her husband’s, or father’s, or mother’s or paramour’s house,—the house itself becomes impure by reason of her presence. 33. That house should be scraped, and then wetted with CHAPTER X. 57 the five articles derived from a cow; all the earthen vessels should be thrown away; and the clothing and the wood should be purified. 84. 1: ॐ See Chdndrdyan’a. MANU. Mentioned as an expounder of law, 2. Remembers law in each Kalpa, 3. Suitable for the Krita, or the First Age of the world, 8. MANVANTARA. A period formed by a number of Yugas or ages, 2. MARRIAGH. Of the younger brother, when sinful, 22. At what age, of a female child, imperative, 36. MILK. Of a cow recently oalved, of a femals oamel, or a femals antelope, prohibited as food, 59. NA’PITA. A suhcaste of ths S‘adras, whose food a 12411780 may eat, 60. PARASARA, His Institutes suitable for the Kali, or the Fourth Ags of ths world, 3. INDEX. 79 PARISHAD. Or Council for expounding the law, who cannot be members of, 41. How constituted, 42, 43. (See verse 27). PENANCE. Indulgence in the matter of, in what cases allowable, 33. King’s approval necessary in prescribing a, 44. PRACHETAS. Mentioned as an expounder of law, 2. PRAJAPATYA. Where this penance is to be practised, 25. Four grades of, 45. PRANAYAMA. When it removes impurity, 17, 18. PURE. Things essentially, 57. < Things, the sight of which is purificatory, 70. RELIGIOUS MENDICANT, Gets 20011070 of the ViSvedeva offering, 6. Gold not to he given to a, 8. RELIGIOUS RITES. Under what circumstances dispensed with, 40. ROHINY. When a female child is so called, 36. SAMVARTA. Mentioned as an expounder of law, 2. SANKHA. Mentioned as an expounder of law, 2. His Institutes suitable for the Dvapara, or the Third Age of the “world, 3. SANTAPANA KRICHCHHRA. When this penance is to be practised, 20. SATATAPA. Mentioned as an expounder of law, 2. SELF-PRESERVATION. A paramount duty, 40. SHAVING Of the head, in observing a penance, dispensed with in what cases, 51-52. SIN. How it affects persons in the different ages of the world, 3. Incurred by the several castes in killing different classes of human heings, 29. In drinking water under particular circumstances, 29 e¢ seq. It is a, for a Bréhman, to marry a girl after her monthly courses have com- menced, 36; also to have carnal unicu with a 8’idra woman, Id, 80 INDEX. SIN.— Continued. On account of cattle dying, 41. In selling a cow to beef-eaters is the eame as that in killing the animal, 49. In killing a cow under different circumstances, 50-51. Of killing a cow, should not be concealed, 52. Where caused by sexual intercourse, 53, 54. Intermixture of many sins, penance for it, 64. In wrongful appropriation of land, inexpiahle, 71. In self-pollntion, how expiated, 72. Transmitted from one person to another by association, 74. What is an atonement for all sins, Id. (verse 80). SIVA. The third God of the Triad, perishes in each Kalpa, 3. SIX DUTIES. Por a Brahman, what are the, 6. SMRITI. Its exponnders perish in each Kalpa, 3. SOLDIER. Killed fighting, attains the highest region of bliss, 16. SONS. Four kinds of in the Kali age, 21. SPIRITUOUS LIQUOR. On swallowing food in contact with, fresh sacramental rites necessary, 65. SUDRA. Means of livelihood to he adopted by the caste, 9. Acts sinful for a, Jd. Can he an agriculturiet, 11. Commits a sin in abandoning the service of superior castes, 12. What food given by a, a Brahman may eat, 59, 60 (See verse 19.). Suh-castes of, whose food a Brahman may eat, 60. A Brahman should shun all manner of association with a, 68-69. SUICIDE, What fate in the next world awaits a, 19. No lihation or cremation for a, 19. TAPTAKRICHCHHRA. In what case the penance should be observed, 19. Ite nature, Id. TREATISES OF LAW. A number of them enumerated, p. 2; Ch. I, sl. 11-15. TRETA, The third age, forming a part of this Manvantara, 2. TULAPURUSHA. A kind of gift, an atonement for all sins, 74. UNOLEAN. What enbstances aro nevor, 39, 40. INDEX. 81 UNEXPECTED GUEST. Or Atithi, who is to be considered as an, 5. Caste or respectability of an, no consideration, 8. USANAS. Mentioned as an expounder of law, 2. VASISHTHA. Mentioned as an expounder of law, 2. VAIS’YA. Means of livelihood to be adopted by the caste, 9. VEDA. Its expounders perish in each Kalpa, 3; has no author, but is remembered by Brahma in each Kalpa, Id. Its daily study imperative on a Brahman, 68. VESSELS. Different kinds of, their impurity and purification, 38; 39. VISHNU. Mentioned as an expounder of law, 2. The second God of the Triad, perishes in each Kalpa, 3. VISVEDEVAS. One of the six duties to be performed by a Brahman, 5. The rite of, enlogised, 7, WASHING. A snbstitnte for it, in case of being necessary as a purification, 38. WATER. How defiled, and penance in drinking defiled water, 62. WIDOW. Remarriage of, when permissible, 22. Burning of a, sanctioned, 23. WIFE. Sin in calling her a mother or sister &८. 71. WINE. Expiation if a Brahman drinks, 74. WOMAN. Her conjugal duties, 20. Becomes pure by her monthly conrses, 36. In confinement, causes defilement if touched, 37 ; its purification, Jd. Sin and purification, if two women, each being in her monthly courses, touch each other, 37. Unclean during Ker monthly courses, 38. Relaxation, allowed in case of a, when she observes a penance, 52. Her unchastity, 54, 55, 56. An unchaste, pollutes the house she enters, 66; how the honsc to be purified, 57. 82 IND_- WOMAN.—Continued. . In confinement or menstrnation, causes impurity by being approached, 71. Expiation for the sin of killing a, 73. WOUNDS. When a defilement, 32. YAJNAVALKYA. Mentioned as an expounder of law, 2. YOGA. A means of attaining the highest region of bliss in the next world, 16. Narada Puncharatna, Fasc. 1V $ ‘Rg, Parisishtaparvan (Sans.) Fasc. I—IV @ /6/ each Pingala Chhandah Sitra, (Sans.) Fasc. II—III @ /6/ each .. Prithir4j Résau, (Sans ) EF age, I—V] @ /6/ ts) ee 8, Ditto (English) Fasc, I ०७ > P&li Grammar, (English) Fasc. I and II @ /6/ each ss ^ Prakrita Lakshanam, (Sans.) Fasc. I ‘ ०* oe Parasara Smriti (Sans.) Fasc. I—V @ /6/ each ae oe ParaéSara, Institutes of English 5 Srauta Sitra of Apastamba, (Sans.) Fasc. I—XII @ /6/ each Ditto A$valayana, (Sans.) Fasc. I—XI @ /6/ each 96 Ditto Latyéyana (Sans.) Fasc. I—IX @ /6/ each ee Ditto Sénkhéyana (Sans.) Fasc. I—IV @/6/ each a Sama Veda Samhita, (Saus.) Vols. I, Fasc. 1—10; II, 1—6; ITI, 1—7; IV,1—6; V, 1—8, @ /6/ each Fase : ae Sahitya Darpana, (English) Fasc. I-IV @ /6/ each ve Sankhya Aphorisms of Kapila, (English) Fasc. I and II @ /6/each .. Sarva Dargana Sangraha, -(Sans.) Fase. II Sankara Vijaya, (Sans.) Fasc. II and III @ /6/ each ; os Sankhya Pravachana Bhashya, Fasc. 111 (English preface only) ve Sankhya Sara, (Sans.) Fasc. I ve oe Susruta Samhita, (Hng.) Fasc. I and II @ /12/ each a Taittirtya Aranya Fasc. I—XI @ /6/ each क * ve Ditto Braéhmana (Sans.) Fasc I—XXIV @ /6/each ., a Ditto Samhita, (Sans.) Fasc II—XXXITITI @ /6/ each... ०० Ditto Pratisakhya, (8878, ) Fasc. 1—III @./6/ each Ditto and Aitareya Upanishads, (Sans.) Fasc. II and III @ /6/ each Tandyé Brahmana, (Sans.) Fasc. I—XIX @ /6/ each ve Tattva Chintamani, Fasc. I—V (Sans.) @ /6/ each ४९ ee Uttara Naishadha, (Sans.) Fasc. III—XII @ /6/ each ve oe Uvisagadasiéo, Fasc, I and II @ /12/ ब re ०५ ` - 7 Varaha Purana, Fasc. I .. Vayu Purana, (Sans.) 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