95. Madhvi, 'distilled from Madhuka (Maua) flowers' (Kull means according to Medh. 'distilled from honey,' according to Nar. ' distilled either from grapes or from Madhuka flowers or from honey.'
lya s :se.
XI, 104- PENANCES FOR DRINKING SPIRITS. 45 1 99. The various expiations for drinking (the spirituous liquors called) Sura have thus been ex- plained; I will next proclaim the atonement for stealing the gold (of a Brahma/za).
100. A Brahma^a who has stolen the gold (of a Brahma^a) shall go to the king and, confessing his deed, say, ( Lord, punish me F 10 1. Taking (from him) the club (which he must carry), the king himself shall strike him once, by his death the thief becomes pure; or a Brahma/za (may purify himself) by austerities.
102. He who desires to remove by austerities the guilt of stealing the gold (of a Brahma^a), shall per- form the penance (prescribed) for the slayer of a Brahma/za, (living) in a forest and dressed in (gar- ments made of) bark.
103. By these penances a twice-born man may remove the guilt incurred by a theft (of gold); but he may atone for connexion with a Guru's wife by the following penances.
104. He who has violated his Guru's bed, shall n 10 1. At the end of the verse Gov., Kull., Nar., Ragh., Nand., and K. read va instead of tu (Medh.(?) editions), which is variously explained. According to Nar. and Nand., it means 'but.' Kull. thinks that it indicates that, while a Brahmawa must never be slain by the king, other Aryans also may perform aus- terities. According to Ragh., it refers to the optional recitation of the Gayatri, repeated 700,000 times; according to Nar., to other penances, even such as end in death. But Gov. is probably right in assuming that 'the austerities' -meant are those prescribed in the next verse.
102. Ap. I, 25, 10; Y&g-w. Ill, 258; Vi. LII, 3. According to Nar., this verse refers to an 'unintentional' offence; according to Kull. and Ragh., to the theft of a small sum.
after confessing his crime, extend himself on a heated iron bed, or embrace the red-hot image (of a woman); by dying he becomes pure; 105. Or, having himself cut off his organ and his testicles and having taken them in his joined hands, he may walk straight towards the region of Nirrzti (the south-west), until he falls down (dead); 106. Or, carrying the foot of a bedstead, dressed in (garments of) bark and allowing his beard to grow, he may, with a concentrated mind, perform during a whole year the Krz&Mra. (or hard, penance), revealed by Pra^apati, in a lonely forest; 107. Or, controlling his organs, he may during three months continuously perform the lunar penance, (subsisting) on sacrificial food or barley-gruel, in order to remove (the guilt of) violating a Guru's bed.
108. By means of these penances men who have committed mortal sins (Mahapataka) may remove their guilt, but those who committed minor offences, causing loss of caste, (Upapataka, can do it) by the various following penances.
Vas. XX, 13-14; Baudh. II, 1, 13-15; Vi. XXXIV, 2; LIII, 1; 104. According to Medh., the term 'Guru' denotes here 'the teacher or the father;' according to Kull., Nar., and Ragh., 'the father;' and Nar. particularly excludes an offence with a step- mother.
106. According to Medh., Kull., Ragh., this penance expiates incest committed by mistake; according to Nar., the rule applies to the case when the offence was committed with a stepmother. Re- garding the YLrikkhva, penance, see below, verse 212.
107. According to Medh. and Ragh., the rule refers to an offence committed with the wife of a paternal or of a maternal uncle, or of other minor Gurus; according to Kull., to an offence with an un- faithful or low-caste wife of a Guru. Regarding the lunar penance or A^andrayawa, see below, verse 217.
108. Nar. takes mahapataldna^, 'those who committed mortal XI,ii6. PENANCES FOR MINOR OFFENCES. 453 109. He who has committed a minor offence by slaying a cow (or bull) shall drink during (the first) month (a decoction of) barley-grains; having shaved all his hair, and covering himself with the hide (of the slain cow), he must live in a cow-house.
no. During the two (following) months he shall eat a small (quantity of food) without any factitious salt at every fourth meal-time, and shall bathe in the urine of cows, keeping his organs under control.
1 1 t. During the day he shall follow the cows and, standing upright, inhale the dust (raised by their hoofs); at night, after serving and worshipping them, he shall remain in the (posture, called) virasana.
112. Controlling himself and free from anger, he Lust stand when they stand, follow them when they walk, and seat himself when they lie down.
113. (When a cow is) sick, or is threatened by langer from thieves, tigers, and the like, or falls, or >ticks in a morass, he must relieve her by all pos- ;ible means: 114. In heat, in rain, or in cold, or when the wind >lows violently, he must not seek to shelter himself, without (first) sheltering the cows according to his ability.
115. Let him not say (a word), if a cow eats (anything) in his own or another's house or field or on the threshing-floor, or if a calf drinks (milk).
116. The slayer of a cow who serves cows in this sins/ in the sense of ' those equal to mortal sinners/ i. e. those offenders who have been enumerated above, verse 56 seq.
in. 'In the (posture, called) virasana,' i.e. 'seated without leaning against a wall or the like' (Kull., Nand.).
manner, removes after three months the guilt which he incurred by killing a cow.
1 1 7. But after he has fully performed the pen- ance, he must give to (Brahma/zas) learned in the Veda ten cows and a bull, (or) if he does not possess (so much property) he must offer to them all he has.
1 1 8. Twice-born men who have committed (other) minor offences (Upapataka), except a student who has broken his vow (Avakirmn), may perform, in order to purify themselves, the same penance or also a lunar penance.
119. But a student who has broken his vow shall offer at night on a crossway to Nirmi a one-eyed ass, according to the rule of the Pakaya^as.
120. Having offered according to the rule obla- tions in the fire, he shall finally offer (four) oblations of clarified butter to Vata, to Indra, to the teacher (of the gods, Brzhaspati) and to Agni, reciting the Rik verse ' May the Maruts grant me,' &c.
121. Those who know the Veda declare that a voluntary effusion of semen by a twice-born (youth} who fulfils the vow (of studentship constitutes) breach of that vow.
122. The divine light which the Veda imparts t< Baudh. II, 1, 30-35; Vi. XXVIII, 49-50; Y&gn. Ill, 280.
118. According to Nar. and Nand., the lunar penance is to performed if the offence was committed unintentionally.
119. 'According to the rule of the Pakaya^as,' i.e. 'according to the Pa«mkalpa, found in Arvalayana's and other Grzhya Sutras,' Asv. Gri. Sutras I, 1 1 (Nar.).
120. The verse is found Taittiriya Arawyaka II, 18, 4. 122. I read with Medh., Gov., and K., maruta^, instead of marutaw (Nand., editions).
XI, 127. PENANCES FOR MINOR OFFENCES. 4^5 the student, enters, if he breaks his vow, the Maruts, Puruhuta (Indra), the teacher (of the gods, EWhas- pati) and Pavaka (Fire).
123. When this sin has been committed, he shall go begging to seven houses, dressed in the hide of the (sacrificed) ass, proclaiming his deed.
124. Subsisting on a single (daily meal that consists) of the alms obtained there and bathing at (the time of) the three savanas (morning, noon, and evening), he becomes pure after (the lapse of) one year.
125. For committing with intent any of the deeds which cause loss of caste ((^atibhra^wakara), (the offender) shall perform a Sa^tapana Krt&Mra.; (for doing it) unintentionally, (the Krz&Mra) revealed by Pra^apati.
126. As atonement for deeds which degrade to a mixed caste (Sa^kara), and for those which make a man unworthy to receive gifts (Apatra), (he shall perform) the lunar (penance) during a month; for (acts) which render impure (Malinikara/2iya) he shall scald himself during three days with (hot) barley- gruel.
127. One-fourth (of the penance) for the murder of a Brahma/za is prescribed (as expiation) for (intentionally) killing a Kshatriya, one-eighth for 125. Regarding the offences called Gatibhraw^akara, see above, verse 68. The Sa/^tapana Kri/ckhm is described below, verse 213.
126. Regarding the three classes of offences, see above, 69-71. The penance of subsisting on barley-gruel is described Vi. XLVIII; Baudh. Ill, 6^ 127. The word 'virtuous' is, according to the commentators, to be understood with ' a Kshatriya ' and ' a Vauya/ and the rule killing a Vaisya; know that it is one-sixteenth for killing a virtuous 6udra.
128. But if a Brahma^a unintentionally kills a Kshatriya, he shall give, in order to purify himself, one thousand cows and a bull; 129. Or he may perform the penance prescribed for the murderer of a Brahma^a during three years, controlling himself, wearing his hair in braids, staying far away from the village, and dwelling at the root of a tree.
130. A Brahma/za who has slain a virtuous Vaisya, shall perform the same penance during one year, or he may give one hundred cows and one (bull).
(verse 66), according to which the murder of a -Sudra, a Vawya, and a Kshatriya is an Upapataka, to be expiated by a three months' Govrata or a lunar penance, refers to the cases of persons who do not live in accordance with the sacred law.
128. I read with Medh., Gov., Kull. (commentary), Nand., K juddhyartham atmana^, instead of su^aritavrata^ (editions), whic latter reading is evidently wrong.
129. According to Medh. and Ragh., this verse is merely a repe tition of the rule given in verse 127. But others, mentioned by him, Gov., Kull., and Nar., think that the special observances pre scribed during the twelve years' penance, e. g. carrying a sku instead of a flag, which this verse does not expressly mention need not be kept. Nand. reads dvyabdam, ' two years,' instead tryabdam.
130. I read with Gov., Kull, Nar., Ragh., Nand., and K. dadya vaika^atam, instead of dadya^aikajatam (Medh., editions, and pr bably mentioned by Nar.). According to Gov. and Kull. the tw penances are to be performed optionally, in case a virtuous VaLry has been killed unintentionally. Ragh. seems to hold the sam opinion. But Medh. says that the first penance is to be performe for the murder of a VaLsya who was less distinguished than the o referred to in verse 127. Nar. finally thinks that the verse refers a Vabya engaged in the performance of a sacrifice, and that th XI, 134- PENANCES FOR MINOR OFFENCES. 457 131. He who has slain a.Sudra, shall perform that whole penance during six months, or he may also give ten white cows and one bull to a Brah- ma;za.
132. Having killed a cat, an ichneumon, a blue jay, a frog, a dog, an iguana, an owl, or a crow, he shall perform the penance for the murder of a.Sudra; 133. Or he may drink milk during three days, or walk one hundred yo^anas, or bathe in a river, or mutter the hymn addressed to the Waters.
134. For killing a snake, a Brahma/za shall give a spade of black iron, for a eunuch a load of straw and a masha of lead; particle va,'or,' takes the place of the copula, and thus one penance only is prescribed.
131. Gov. and Kull. hold that these penances, too, are to be performed in the case of an unintentional homicide. Medh. explains sita^, 'white,' to mean 'not white in colour, but (called so) because they resemble in purity (white substances), and give much milk and are accompanied by their calves.'
132. Ap. I, 2 5, 1 3; Gaut. XXII, 1 9; Vas. XXI, 2 4; Vi. L, 30-3 2; Y&gn. Ill, 270. Gov., Kull., Nand. expressly state that the penance for the murder of a.Sudra is to be performed for intentionally (thus also Nar.) killing any single one of these animals, while Medh. thinks that the rule holds good only if one has killed all of them. The penance intended is, according to Gov., Kull., Nar., and Ragh., not that mentioned in the preceding verse, but the lunar penance (Gov., Kull., Ragh.), or the Govrata (Gov., Kull.), or the Tapta Krz'^ra (Nar.).
133. According to Gov., Kull., Nar., Ragh., these penances are to be performed if the animal has been killed unintentionally; according to Medh. they serve to expiate the slaughter of a single animal. The choice among the four penances depends according to Kull. and Ragh. on the strength of the offender, according to Gov. and Nar. on his caste and other circumstances. 'A yo^ana,' i. e. 2I-9 miles. The hymn mentioned is found Rig-veda X, 9.
134. Gaut. XXII, 23, 25; Vi. L, 34-35; Y&gn. Ill, 273. 'A Brahmaraa/ i.e. 'even a Brahmawa' (Nar.). The recipient of the gift is in every case a Brahma#a.
I!
135. For a boar a pot of clarified butter, for a partridge a dro^a of sesamum-grains, for a parrot a calf two years old, for a crane (a calf) three years old.
136. If he has killed a Hawsa, a Balaka, a heron, a peacock, a monkey, a falcon, or a Bhasa, he shall give a cow to a Brahma^a.
137. For killing a horse, he shall give a garment, for (killing) an elephant, five black bulls, for (killing) a goat, or a sheep, a draught-ox, for killing a donkey, (a calf) one year old; 138. But for killing carnivorous wild beasts, he shall give a milch-cow, for (killing) wild beasts that are not carnivorous, a heifer, for killing a camel, one krishnahi.
139. For killing adulterous women of the four castes, he must give, in order to purify himself, respectively a leathern bag, a bow, a goat, or a sheep.
140. A twice-born man, who is unable to atone by gifts for the slaughter of a serpent and the other (creatures mentioned), shall perform for each of them, a Kri&Mra (penance) in order to remove his guilt.
141. But for destroying one thousand (small) 138. Vi. L, 29, 40-41; Y&gn. Ill, 272-273. 'A knshwala,' i.e. 'of gold' (Medh., Gov., Kull., Nar., Nand., Ragh.).
139. Gaut. XXII, 26; Y&gn. Ill, 268. 'Respectively,' i. e. according to the order of the castes. Ragh. adds ' unintentionally.'
XI, 146. PENANCES FOR MINOR OFFENCES. 459 animals that have bones, or a whole cart-load of boneless (animals), he shall perform the penance (prescribed) for the murder of a 6udra.
142. But for killing (small) animals which have bones, he should give some trifle to a Brahma^a; if he injures boneless (animals), he becomes pure by suppressing his breath (pra/zayama).
143. For cutting fruit-trees, shrubs, creepers, lianas, or flowering plants, one hundred Rikas must be muttered.
144. (For destroying) any kind of creature, bred in food, in condiments, in fruit, or in flowers, the expiation is to eat clarified butter.
145. If a man destroys for no good purpose plants produced by cultivation, or such as spon- taneously spring up in the forest, he shall attend a cow during one day, subsisting on milk alone.
146. The guilt incurred intentionally or uninten- tionally by injuring (created beings) can be removed by means of these penances; hear (now, how) all YSgii. Ill, 269. '(Small) animals that have bones/ i.e. 'lizards and the like' (Gov., Kull., Nar.).
142. Vi. L, 47; Yagri. Ill, 275; Gaut. XXII, 22. The rule refers in each case to the destruction of a single animal (Medh., Gov., Kull., Ragh.), or of a number less than that mentioned in the preceding verse (Nar.). ' Something/ i. e. one pawa (Nar.) or 'eight handfuls of grain* (Nand.).
143. Vi. L, 48; Yagn. Ill, 276. According to Kull. this penance must be performed for an offence committed once and unintentionally, because 'the cutting of green trees' has been de- clared above, verse 65, to be an Upapataka for which at least a lunar penance has to be performed. ' One hundred RikdcsJ ' the Gayatri and the like ' (Kull.), or ' the Gayatri one hundred times ' (Nar.).
144. Vi. L, 49; Y&gri. Ill, 275. Rasa, 'condiments/ i.e. 'mo- lasses, butter-milk and the like ' (Medh., Gov., Kull.).
(sins) committed by partaking of forbidden food (or drink, can be expiated).
147. He who drinks unintentionally (the spiri- tuous liquor, called) Varu^l, becomes pure by being initiated (again); (even for drinking it) inten- tionally (a penance) destructive to life must not be imposed; that is a settled rule.
148. He who has drunk water which has stood in a vessel used for keeping (the spirituous liquor, called) Sura, or other intoxicating drinks, shall drink during five (days and) nights (nothing but) milk in which the".Sankhapushpi (plant) has been boiled.
147. Ap. I, 25, 10; Gaut. XXIII, 2; Vas. XX, 19; Baudh. IT, 1, 19; Vi. LI, 1, 4; Y&gn. Ill, 255. ' Varum/ i. e. ' liquor distilled from molasses or Maua flowers (gau^i madhvi ka), not that distilled from ground grain, because another penance has been prescribed above, verse 93 ' (Medh., Gov.). The other com- mentators agree with this explanation, as well as with the additional rule that a Tapta KrikkAra. must be performed before the second initiation. Ragh. and Kull. quote also the Bhavishyapura/za, which gives the same interpretation. The explanation of the second part of the verse is everywhere that which the translation follows except in Medh.'s and Nand.'s commentaries,where it is rendered '(for drinking even these two kinds of Sura) intentionally (this penance) must not be prescribed, (but) one whereby death ensues/ In my opinion the commentators are totally wrong. I think that Varum means here, as elsewhere, Sura, and that the first half of the verse prescribes the performance of a second initiation after the penance, mentioned in verse 93, has been performed, while the second line teaches that the intentional drinking of Sura can be expiated by death alone. I would therefore propose, * If a man unintentionally drinks Sura, he becomes pure only by being initiated again; but (the guilt of him who drinks it) intentionally, cannot be expiated, it remains as long as he lives, that is a settled rule.' The correctness of my interpretation of the words anirdcryam prawantikam follows from Gaut. XXI, 7.
148. Vas. XX, 21; Vi. LI, 23-24; Baudh. II, i, 22.
XT, 153. PENANCES FOR MINOR OFFENCES. 46 1 149. He who has touched spirituous liquor, has given it away, or received it in accordance with the rule, or has drunk water left by a 6udra, shall drink during three days water in which Ku^a-grass has been boiled.
150. But when a Brahma^a who has partaken of Soma-juice, has smelt the odour exhaled by a drinker of Sura, he becomes pure by thrice sup- pressing his breath in water, and eating clarified butter.
151. (Men of) the three twice-born castes who have unintentionally swallowed ordure or urine, or anything that has touched Sura, must be initiated again.
152. The tonsure, (wearing) the sacred girdle, (carrying) a staff, going to beg, and the vows (in- cumbent on a student), are omitted on the second initiation of twice-born men.
153. But he who has eaten the food of men, whose food must not be eaten, or the leavings of women and 6udras, or forbidden flesh, shall drink barley(-gruel) during seven (days and) nights.
149. 'According to the rule,' i.e. 'pronouncing a benediction (on the giver)/ (Gov., Kull., Nar., Ragh.), or ' at a Sautramam sacri- fice' (Nand.).
151. Gaut. XXIII, 3; Vas. XX, 20; Vi. LI, 2; Yagn. Ill, 235.
152. Vas. XX, 18; Baudh. II, 1, 20; Vi. LI, 5. 'The vows,' i. e. ' serving the fire, avoiding meat, honey and so forth ' (Gov., Kull., Ragh.), and 'the Veda-vows' (Nar.).
153. Vas. XIV, 33; Vi. LI, 50, 54, 56. See above, IV, 222, where another penance is prescribed for unknowingly eating food given by persons whose food must not be eaten. According to Kull. the two penances may be performed optionally, but accord- ing to Medh. and Nar. this rule refers to an offence committed intentionally.
154. A twice-born man who has drunk (fluids that have turned) sour, or astringent decoctions, becomes, though (these substances may) not (be specially) forbidden, impure until they have been digested.
155. A twice-born man, who has swallowed the urine or ordure of a village pig, of a donkey, of a camel, of a jackal, of a monkey, or of a crow, shall perform a lunar penance.
156. He who has eaten dried meat, mushrooms growing on the ground, or (meat, the nature of) which is unknown, (or) such as had been kept in a slaughter-house, shall perform the same penance.
157. The atonement for partaking of (the meat of) carnivorous animals, of pigs, of camels, of cocks, of crows, of donkeys, and of human flesh, is a Tapta Y^rikkhxz. (penance).
158. If a twice-born man, who has not returned 154. 'Astringent decoctions,' i.e. 'those known to physiciai are prepared from various herbs ' (Medh.). Ragh. and Nam think that pitvamedhyanyapi stands for pitva amedhyani api, anc explain amedhya by ■ garlic and the like.'
156. Vi. LI, 27, 34. Gov. and Ragh. take a^-natam, ' the nature of which is unknown/ to mean ' unintentionally.' Ragh. takes bhaumani, ' growing on the ground,' separately, and interprets kava- kani, ' mushrooms,' by; mushrooms growing on trees.' But Medl says ' the word bhaumani is used in order to exclude those growing in the holes (of trees) from the prohibition,' while Nar. thinks that according to another Smrz'ti another penance, the Prasrz'tiyavakE shall be performed for eating the latter.
157. Gaut. XXIII, 4-5; Vas. XXIII, 30; Vi. LI, 3-4. Witl respect to this verse and the preceding one, see also above, V, 19-21, where other penances are prescribed. Kull. and Ragl think that this rule refers to an offence committed once, while those given in the fifth chapter apply to a relapse. Regarding the Tapt Kri&k/im, see below, verse 215.
158. Vi. LI, 43-44. The commentators state that the ten XI, i62. PENANCES FOR MINOR OFFENCES. 463 (home from his teacher's house), eats food, given at a monthly (6raddha), he shall fast during three days and pass one day (standing) in water.
159. But a student who on any occasion eats honey or meat, shall perform an ordinary Kri&Mra. (penance), and afterwards complete his vow (of studentship).
160. He who eats what is left by a cat, by a crow, by a mouse (or rat), by a dog, or by an ich- neumon, or (food) into which a hair or an insect has fallen, shall drink (a decoction of) the Brahmasu- var/£ala (plant).
161. He who desires to be pure, must not eat for- bidden food, and must vomit up such as he has eaten unintentionally, or quickly atone for it by (various) means of purification.
162. The various rules respecting penances for eating forbidden food have been thus declared; hear now the law of those penances which remove the guilt of theft.
masika, 'a monthly (-SYaddha)/ refers to a so-called Ekoddish/a -SYaddha. According to Medh., 'others' thought that, because a student is allowed to partake of a -Sraddha by II, 189, the inviter should perform the penance. According to Medh., the student shall on the fourth day stand in water; but according to Gov., Kull., on one of the three fast days; according to Nar., on the first.
159. Vi. LI, 45; Vas. XXIII, 12; Yagn. Ill, 282. Instead of brahma^arr, 'a student,' Medh., Gov., Nar., and Nand. read vrata- £ari, ' a man performing a vow,' and Nar. explains it by ' a student, a hermit, a widow, an ascetic and so forth/ while the other com- mentators refer the term to a student alone.
160. Vi. LI, 46; Vas. XXIII, 11. 'Food into which an insect or a hair has fallen,' i. e. c without scattering earth on it ' (Gov., Kull., Ragh.). Nar. adds during one day.
161. Gaut. XXIII, 26. ' Means of purification/ i. e. ' penances ' (Medh., Gov., Kull., Ragh.), or 'purgative decoctions' ('others/ Medh., Nar., Nand.). < 163. The chief of the twice-born, having volun- tarily stolen (valuable) property, grain, or cooked food, from the house of a caste-fellow, is purified by performing YLrikkhxz. (penances) during a whole year.
164. The lunar penance has been declared to be the expiation for stealing men and women, and (for wrongfully appropriating) a field, a house, or the water of wells and cisterns.
165. He who has stolen objects of small value from the house of another man, shall, after restoring the (stolen article), perform a Sawtapana KrzMAra. for his purification.
166. (To swallow) the five products of the cow (pa^agavya) is the atonement for stealing eatables of various kinds, a vehicle, a bed, a seat, flowers, roots, or fruit.
163. Vi. LII, 5. According to Medh. and Nar. it is meant thj others stealing the same articles from caste-fellows must perfon the same penance. Medh., Gov., Kull., Nand., and Nar. think that the verse gives the extreme limit of the penance, and that under special circumstances it may be reduced.
164. Vi. LII, 6. 'Men and women/ i.e. 'slaves' (Medh. Ragh. mentions a var. lect. taJaganam, 'or a tank,' instead of g-alanam, ' of the water.' Nar. and Ragh. think that the penance is intended for an offence committed unintentionally.
165. Vi. LII, 7. 'Objects of small value,' i. e. 'earthen vessels wooden ones, e.g. a trough, or iron utensils, e. g. a hoe' (Medh.) or 'tin, lead and the like' (Gov., Kull., Ragh.), or 'straw and th( like' (Nar.). K. omits ' after restoring,' and reads tatpapasya visud- dhaye, ' for the expiation of that sin.'
166. Vi. LII, 8. Medh. says that the penance is to last one day only. Nar. thinks that the Mahasa;?ztapana penance is indicatec by the mention of the paw^agavya, and that this holds good in the case of an unintentional offence only. Nand. adds, ' With this an< the following rules the words "after restoring the property" have still their force;' so also Kull. on verse 165.
XI, 171. PENANCES FOR MINOR OFFENCES. 465 167. Fasting during three (days and) nights shall be (the penance for stealing) grass, wood, trees, dry food, molasses, clothes, leather, and meat.
168. To subsist during twelve days on (uncooked) grains (is the penance for stealing) gems, pearls, coral, copper, silver, iron, brass, or stone.
169. (For stealing) cotton, silk, wool, an animal with cloven hoofs, or one with uncloven hoofs, a bird, perfumes, medicinal herbs, or a rope (the penance is to subsist) during three days (on) milk.
170. By means of these penances, a twice-born man may remove the guilt of theft; but the guilt of approaching women who ought not to be approached (agamya),he may expiate by (the following) penances.
171. He who has had sexual intercourse with sisters by the same mother, with the wives of a friend, or of a son, with unmarried maidens, and with females of the lowest castes, shall perform the penance, prescribed for the violation of a Guru's bed.^ 167. Vi. LII, 9. According to Nar. the rule refers to an unin- tentional offence.
168. Vi.LII, 10. According to Medh. the penance maybe shortened according to the special circumstances of the case. Nar. says, 'This refers to cases when the theft is not committed in times of distress.'
169. Vi. LII, n. According to Nar. this rule holds good if the theft is committed in times of distress and very small quantities are taken. Gov. and Kull. observe on this verse and the preceding ones, that the apparent inequality of the penances, which are pre- scribed equally for great and small things, will disappear if special circumstances, such as the frequency of the offence, time and place, the character of the owner and so forth, are taken into account.
171. Gaut. XXIII, 12-13,32; Vas. XX, 15-16; Baudh.11,1,13; Vi. XXXIV, 2; XXXVI, 7; LIII, 1; Y&gfi. Ill, 233. See also above, verse 59. According to Medh., Gov., Kull., and Ragh., the penance to be performed is that mentioned above in verse 106, while self-immolation is prescribed for repeated intentional offences only. Nar. speaks of a twelve years' penance.
172. He who has approached the daughter of his father's sister, (who is almost equal to) a sister, (the daughter) of his mother's sister, or of his mother's full brother, shall perform a lunar penance.
173. A wise man should not take as his wife any of these three; they must not be wedded because they are (Sapi^a-)relatives, he who marries (one of them), sinks low.
1 74. A man who has committed a bestial crime, or an unnatural crime with a female, or has had intercourse in water, or with a menstruating woman, shall perform a Sawtapana Krz&Mra.
175. A twice-born man who commits an unnatural offence with a male, or has intercourse with a female in a cart drawn by oxen, in water, or in the day-time, shall bathe, dressed in his clothes.
1 76. A Brahma/za who unintentionally approaches a woman of the Kand&la or of (any other) very low caste, who eats (the food of such persons) and accepts 172. I read with all the commentators and K. in the second line matu,? ia bhratur aptasya (apta#z £a, Nand.) instead of matiw ka bhratus tanayam (editions). According to Kull. and Nar. the rule refers to an offence committed by mistake and, as the former says, once only.
173. This verse is directed against the custom of the southerners, mentioned by Baudh. I, 2, 3. ' Sinks low/ i. e. ' falls into hell or begets base-born offspring' (Medh.). Gov. and Kull. adopt the former explanation, while Nar. says ■ he becomes an outcast.'
174. Gaut. XXII, 36; XXIII, 34; Vi. LIII, 4, 7; Yagfi. Ill, 288. A bestial crime with a cow is excepted, see Vi. LIII, Medh. mentions a var. lect, ^ale khe /£a, instead of gale £aiva, whi< agrees with Vish/m's text.
175. Vi. LIII, 4; Yagn. Ill, 291. Nar. says that the vei refers to an unintentional offence.
176. Vas. XXIII, 41; Baudh. II, 4, 13-14; Vi. LIII, 5-6. <Vei low caste,' i. e. ' Mle^/^as or barbarians, -Sabaras and so fortl (Medh., Gov., Kull.), or < Sutas and the like ' (Nar.), or ' Gavam XI, t8i. PENANCES FOR MINOR OFFENCES. 467