FOR all students of Sanskrit philology and Indian history
Âpastamba's aphorisms
on the sacred law of
the Aryan Hindus
possess a special
interest beyond that
attaching to other
works of the same
class. Their discovery
enabled Professor Max
Müller, forty-seven
years ago, to dispose
finally of the Brahmanical legend according to which Hindu
society was supposed to be governed by the codes of ancient
sages, compiled for the express purpose of tying down each
individual to his station, and of strictly regulating even the
smallest acts of his daily life 1 . It enabled him not only to arrive
at this negative result, but also to substitute a sounder theory
the truth of which subsequent investigations have further
confirmed, and to show that the sacred law of the Hindus has
its source in the teaching of the Vedic schools, and that the
so-called revealed law codes are, in most cases, but improved
metrical editions of older prose works which latter, in the first
instance, were destined to be committed to memory by the
young Aryan students, and to teach them their duties.
The results of the above investigation which show that the origin
of the Âpastamba school falls in the middle of the Sûtra period of
the Black Yagur-veda, and that its Sûtras belong to the later,
though not to the latest products of Vedic literature, are fully
confirmed by an examination of the quotations from and
references to Vedic and other books contained in Âpastamba's
Sûtras, and especially in the Dharma-sûtra.
There can be no doubt that the south of India has been conquered
by the Aryans, and has been brought within the pale of
Brahmanical civilisation much later than India north of the Vindhya
range. During which century precisely that conquest took place,
cannot be determined for the present. But it would seem that it
happened a considerable time before the Vedic period came to an
end, and it certainly was an accomplished fact, long before the
authentic history of India begins, about 500 B.C., with the Persian
conquest of the Pañgab and Sindh. It may be added that a not
inconsiderable period must have elapsed after the conquest of the
south, before the Aryan civilisation had so far taken root in the
conquered territory, that, in its turn, it could become a centre of
Brahmanical activity, and that it could produce new Vedic schools.
PRASNA I, PATALA 9, KHANDA 24.
1. He who has killed a Kshatriya shall give a thousand
cows (to Brâhmanas) for the expiation of his sin. 1
2. (He shall give) a hundred cows for a Vaisya, 2
3. Ten for a Sûdra, 3
4. And in every one (of these cases) one bull (must
be given) in excess (of the number of cows) for the
sake of expiation.
5. And if women of the (three castes mentioned have
been slain) the same (composition must be paid).
6. He who has slain a man belonging to the two (first-
mentioned castes) who has studied the Veda, or had
been initiated for the performance of a
Soma-sacrifice, becomes an Abhisasta. 6
7. And (he is called an Abhisasta) who has slain a
man belonging merely to the Brâhmana caste (though
he has not studied the Veda or been initiated for a
Soma-sacrifice),
8. Likewise he who has destroyed an embryo of a
(Brâhmana, even though its sex be)
undistinguishable,
9. Or a woman (of the Brâhmana caste) during her
courses. 9
10. (Now follows) the penance for him (who is an
Abhisasta).
11. He (himself) shall erect a hut in the forest,
restrain his speech, carry (on his stick) the skull (of
the person slain) like a flag, and cover the space from
his navel to his knees with a quarter of a piece of
hempen cloth. 11
12. The path for him when he goes to a village, is the
space between the tracks (of the wheels).
13. And if he sees another (Ârya), he shall step out of
the road (to the distance of two yards).
14. He shall go to the village, carrying a broken tray
of metal of an inferior quality.
15. He may go to seven houses only, (crying,) 'Who
will give alms to an Abhisasta?'
16. That is (the way in which he must gain) his
livelihood.
17. If he does not obtain anything (at the seven
houses), he must fast.
PRASNA I, PATALA 9, KHANDA 25.
1. He who has had connection with a Guru's wife shall
cut off his organ together with the testicles, take them
into his joined hands and walk towards the south
without stopping, until he falls down dead. 1
2. Or he may die embracing a heated metal image of a
woman. 2
3. A drinker of spirituous liquor shall drink exceedingly
hot liquor so that he dies. 3
4. A thief shall go to the king with flying hair, carrying
a club on his shoulder, and tell him his deed. He (the
king) shall give him a blow with that (club). If the thief
dies, his sin is expiated. 4
5. If he is forgiven (by the king), the guilt falls upon
him who forgives him, 5
6. Or he may throw himself into the fire, or perform
repeatedly severe austerities, 6
7. Or he may kill himself by diminishing daily his
portion of food,
Âpastamba's aphorisms
on the sacred law of
the Aryan Hindus
possess a special
interest beyond that
attaching to other
works of the same
class. Their discovery
enabled Professor Max
Müller, forty-seven
years ago, to dispose
finally of the Brahmanical legend according to which Hindu
society was supposed to be governed by the codes of ancient
sages, compiled for the express purpose of tying down each
individual to his station, and of strictly regulating even the
smallest acts of his daily life 1 . It enabled him not only to arrive
at this negative result, but also to substitute a sounder theory
the truth of which subsequent investigations have further
confirmed, and to show that the sacred law of the Hindus has
its source in the teaching of the Vedic schools, and that the
so-called revealed law codes are, in most cases, but improved
metrical editions of older prose works which latter, in the first
instance, were destined to be committed to memory by the
young Aryan students, and to teach them their duties.
The results of the above investigation which show that the origin
of the Âpastamba school falls in the middle of the Sûtra period of
the Black Yagur-veda, and that its Sûtras belong to the later,
though not to the latest products of Vedic literature, are fully
confirmed by an examination of the quotations from and
references to Vedic and other books contained in Âpastamba's
Sûtras, and especially in the Dharma-sûtra.
There can be no doubt that the south of India has been conquered
by the Aryans, and has been brought within the pale of
Brahmanical civilisation much later than India north of the Vindhya
range. During which century precisely that conquest took place,
cannot be determined for the present. But it would seem that it
happened a considerable time before the Vedic period came to an
end, and it certainly was an accomplished fact, long before the
authentic history of India begins, about 500 B.C., with the Persian
conquest of the Pañgab and Sindh. It may be added that a not
inconsiderable period must have elapsed after the conquest of the
south, before the Aryan civilisation had so far taken root in the
conquered territory, that, in its turn, it could become a centre of
Brahmanical activity, and that it could produce new Vedic schools.
PRASNA I, PATALA 9, KHANDA 24.
1. He who has killed a Kshatriya shall give a thousand
cows (to Brâhmanas) for the expiation of his sin. 1
2. (He shall give) a hundred cows for a Vaisya, 2
3. Ten for a Sûdra, 3
4. And in every one (of these cases) one bull (must
be given) in excess (of the number of cows) for the
sake of expiation.
5. And if women of the (three castes mentioned have
been slain) the same (composition must be paid).
6. He who has slain a man belonging to the two (first-
mentioned castes) who has studied the Veda, or had
been initiated for the performance of a
Soma-sacrifice, becomes an Abhisasta. 6
7. And (he is called an Abhisasta) who has slain a
man belonging merely to the Brâhmana caste (though
he has not studied the Veda or been initiated for a
Soma-sacrifice),
8. Likewise he who has destroyed an embryo of a
(Brâhmana, even though its sex be)
undistinguishable,
9. Or a woman (of the Brâhmana caste) during her
courses. 9
10. (Now follows) the penance for him (who is an
Abhisasta).
11. He (himself) shall erect a hut in the forest,
restrain his speech, carry (on his stick) the skull (of
the person slain) like a flag, and cover the space from
his navel to his knees with a quarter of a piece of
hempen cloth. 11
12. The path for him when he goes to a village, is the
space between the tracks (of the wheels).
13. And if he sees another (Ârya), he shall step out of
the road (to the distance of two yards).
14. He shall go to the village, carrying a broken tray
of metal of an inferior quality.
15. He may go to seven houses only, (crying,) 'Who
will give alms to an Abhisasta?'
16. That is (the way in which he must gain) his
livelihood.
17. If he does not obtain anything (at the seven
houses), he must fast.
PRASNA I, PATALA 9, KHANDA 25.
1. He who has had connection with a Guru's wife shall
cut off his organ together with the testicles, take them
into his joined hands and walk towards the south
without stopping, until he falls down dead. 1
2. Or he may die embracing a heated metal image of a
woman. 2
3. A drinker of spirituous liquor shall drink exceedingly
hot liquor so that he dies. 3
4. A thief shall go to the king with flying hair, carrying
a club on his shoulder, and tell him his deed. He (the
king) shall give him a blow with that (club). If the thief
dies, his sin is expiated. 4
5. If he is forgiven (by the king), the guilt falls upon
him who forgives him, 5
6. Or he may throw himself into the fire, or perform
repeatedly severe austerities, 6
7. Or he may kill himself by diminishing daily his
portion of food,
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