Directions regarding Dharma and Sdnti

1. The present chapter is a complete, practically word to word, incorporation of the Laghu Tama Smrti (LYS) with some parallel verses from the Tama Smrti. The difference between NP and LYS is that in the NP., the narrator of the dharmas or to be more accurate, the expiatory penances for different sins, is Dharma-raja, the god of Death, but in LYS, Yama is a sage, a Lawgiver and the object of LYS is proclamation of different expiatory rites for different kinds of sins (nandvidha-prayakitta-vartianam).

It is beyond the scope of the present note to explain the concept of sin which has been adequately discussed in Hasting’s Encyclopaedia of Religion and Ethics (Vol.XI. vide ‘sin). It shows that the concept of sin varies from religion to religion, region to region and age to age. The use of words like agas, agha, drugdhay enas, amhas, durita, in the Rgveda shows that the concept of sin was already developed in those times (also vide A.B. Keith The Religion and Philosophy of the Veda and Upanishads 245-9, 264-8, 310-12, etc.)

The words prayaScitti and prdyascitta stand for the act of expiation and are found since the Vedic period. It is, however, the latter form (prayakitta) which gained popularity and is widely used in the Dharma-iastra literature (in Smrtis, purapas, etc.). The word prdyascitta is variously defined — the most popular connotation is “that whereby the citta (the mind) of the repentant is generally (prayah) free (from the oppressive sense of guilt) by the parjad (assembly of Brahmana papditas).

The idea that a sin can be wiped out by Prdyaicitta gave rise to a vast literature from the time of Dharmas Utras down to the medieval nibandha-karas (writers on Dharma-idstra). Gautama and Vasistha in their Dharma-sUtras, Mann Smr. XI.44-265, Tdjflavalkya Smr. Ill 205-327, (LYS or the present chapter already mentioned), Bxhad-Tama Smr. 182 verses, AP. ch.s 168-74; KP.Uttardrdha 30-34 to mention a few, deal with these expiatory penances.

2. The theory of untouchability though not satisfactorily traceable to the Vedas, came to be accepted by the time of Smrtis and Puranas. And it did not depend on birth alone.

The idea is that by taking bath one washes off symbolically, the mental pollution caused by the touch of certain men connected with unclean vocations, holders of anti-Vedic views (like Bauddhas, Carvakas, etc.), sxtra-Indian invaders (like Turugkas), uncultured hill-tribes, a women in menses or immediately after delivery, corpses, unclean animals like pigs, dogs etc. Man has practised against man unjustifiable discriminations like residential segregation, exclusion from public institutions, disenfranchisement, etc. all over the world, including advanced western societies. This is not to defend the Purd^ic statements about expiation, but to put them into proper historical perspective.

3. Sdtdtapa — N. of a Smrti-writer. This quotation however could not be traced in the Salatapa Smr. (Gurumandal Edt.) These verses have been quoted from LYS.

Normally this expiatory rite is enjoined to a man. Such a man is to observe a fast for the whole day and night on a day (particularly on a full moon day) and then drink Paficagavya, the next morning

But in taking the separate ingredients of Paficagavya, the man has to consecrate them with Vedic mantras and utter those mantras (such as the Gdyatrl) while taking them in (samantrakam samyujya samantrakam eva paficagavyam piyate tadd brahma-kurca itydkhydyate — Mitakfara on Tajfl Smf. III.314). Women were not eligible to utter vedic mantras. Hence, here a twentyfour hours fast broken by sips of Paficagavya seem to be implied, as women are treated as Shudras (being ineligible to utter Vedic mantras), and shudras were allowed to take Paficagavya without Vedic mantras.

Narada defines sahasa as an offence committed out of pride for one’s strength (доЛде-strcngth)

sahasa kriyate karma yat kiflcid bala-darpitaih / tat sdhasam iti proktam saho balam ihocyate Ц

The last includes offences like killing by poison or weapons and rapes on another persons’ wives (XIV.5) and the punishment for this is death, confiscation of property, expulsion, amputation of the organ (XIV.7) and even if the offender survives, he was to be excommunicated (XIV. 10). Manu and Vishnu lay down the highest fine. Thus for idol-breaking the king is to fine the culprit 500 Parias and make him гс-instate it at his cost (Manu IX.285).

As the LYS. verse 19 shows the text of фс NP. here should be emended as lyajantyo'patitan as the original tyajantyo patitan makes no sense. For according to Dharmafastra, a fallen relative (even one’s own father and never the mother as stated in the next line) is to be abandoned.

In ancient India, the right of death, civil or physical was exercised by persons who wanted to free themselves from worldly life by adopting sannydsa- dirama or by giving up their life by fast, drowning in water, self-immolation, etc. But persons who declared their desire to renounce life, were to shrink back at the last stage or revert from sannydsa to the householder’s stage of life, they were called pratyavasita. The text hereof which is a quotation fromLYS. 22 a 23 (and Brkad Tama Smr. verses 3 a 4) classifies the pratyaoasitas in categories according to the mode or means they proclaimed to adopt to embrace death.

This observance is an expiatory penance as well as the means of increasing one’s fund of merits. When it is for expiation of sins, it is to be preceded by tonsure. As the name indicates, any act (here taking in morsels of food) varying directly with the increase or decrease of the digits of the moon is Candrayajia (candrasydyanam ivayanam carariam yasmin karmajii hrasa-vrddhibhydm tac cdndrdyaaam — Mitdkfard on 2r4/.>S>nr.III.323). This is a very ancient type of penance as it is noted by Panini (V.1.72). As Baudhayana (III.8.33) notes it, since ancient times there were two varieties of this Vrata, viz., Tava-madhya (large in the middle and tapering at both the ends like the grain of yava (barley) and pipilika-madhya (slender in the middle like an ant and bigger at the ends). The first (Tava-madhya) type is as follows:

On the first day of the bright half of the month, one morsel of food is to be taken and the number of morsels are to be increased one per day so that on the full moon day one is to eat fifteen morsels. And in the dark half one morsel per day is to be reduced, till he observes complete fast on the New Moon day.

In the second variety, the pipilikd-madhya, the observer begins on the first day of the dark half of the month and eats 14 morsels till on the New Moon day he observes complete fast and then from the first day of the bright half of the month he goes on increasing liis food intake as one, two, three, etc. according to the tithis so that on the full moon day, he eats fifteen morsels.

Some more varieties are added by later writers on Dharma-idstra. The Cdndrdyapa is prescribed when no other specific penance is prescribed (Tdjfld- valkya Smr. III.326).

As an alternative to Candrayapa two tapta-krcchra penances are prescribed. Normally this is prescribed for Brahmanas who sell things or animals which should not be sold by them, such as sesame, sesame-oil, curd, salt, cooked food, slaves, etc. There are different views about its observance. Thus according to Мали XI.214, SaAkha Smr. 18.4, Pardiara Smr. 18.4 and AP. 171.6-7. This penance consists of a period of twelve days comprising four sub-periods of three days each. In this, the penitent has to drink hot water, hot milk, hot ghee for three days each and then for the last subperiod of three days, he is to observe complete fast inhaling hot atmosphere (Hence the adjective tapta in the name of this penance).

tryaham ufiiam pibed dpas tryaham и warn payah pibet / tryaham ufpam ghrtam pitva vdyu-bhakft tryaham bhavet //

Manu specifically insists on breathing hot air (XI.215). According to Mitdk~ ford (YdjiUttMtUtya III.317), this duration of 12 days is prescribed for great sins, while that of 4 days, viz., taking in hot milk, ghee and water for the first three days and complete fast in the fourth day is meant for minor sins.

taptarkfirfrghftamb йпaт ekaikam pratyaham pibet / eka-rdtropavdsaica tapta-kfcehras tu pdvanah // cf. Ydjfiavalkya Smr. III.317 — Devala.Smr. 84.

Contact with women of lower castes was strongly condemned as a sin. If the sin is committed unknowingly, the expiation is of a milder nature» viz» Ardhakrcchra, while two Cdndrdyava penances are prescribed for deliberately committing this sin. Ardha-krcchra is a variety of Kfcchra. It is to be observed for six days as follows: Food is to be taken only once at day time for one day, only once in the evening on the second day, taking food for two days without asking for it and complete fast on the last two days.

Sayamrprdtas talhaivekam dina-dvayam aydcitam / dina-dvayam ca ndintydt krcchrdrdhaih tad vidhfyate //

— Apasteunba Smr. IX.41-42. It is also called pada-kfcchra — one fourth of Krcckra penance (Ydjflaoalkya IX.318)

10. Kdpdlikdnna-bhoktfpdm is a misprint for Kdpdlikdnna0 etc. as attested in LYS 29. Kdpdla or Kapalika is the follower of a shaiva sect (of the left-hand order) characterised by wearing skulls of men in the form of a garland, and eating and drinking from them. Any contact with them was looked upon with abhorrence and contempt. Hence, this restriction and proposed expiation.

11. Maurvihoma v.l. mauhji-homa in LYS.30 is the hama (sacrificial rite) performed at the ceremony of the investiture of the sacred thread (upa-nayana).

Those who commit great sins. ‘Great sins’ or Mahapdlakas are as follow: (1) Slaying a Brahmana (2) Wine-drinking (3) Theft (4) defiling one's preceptor's bed (wife) and (5) association with a person who committed any of the above four sins.

brahma-hatya surdpdnam steyam guruadgand-gamah / mahSnti patakdnyahus Ш-samsargaSca padcamam //

brahmahd ca surapi ca steyl ca guru-talpagah / mahapatakinas tvete tat-samsargi ca paficamah //

Later on, what acts are equivalent to each of these great sins is expounded in the rest of that chapter.

The term antyaja connotes lowest castes like Candalas (vide Мали IV.61). Different lists of “low castes” are found in Smjtis but this verse is found in Atri 199 and is attributed to Apastamba in Mitdkfard. The low castes enumerated above are as follows; (1) rajaka (washerman), carma-kdra (artisan in hides), nafa (acrobats like Kolhdfis in Maharashtra), burutfa (worker in bamboos)

Kaivarta (fishermen), meda (sweepers) and bhilla. According to Shudra- kamalakara medas are sweepers.

It is noteworthy that in the medieval India, guilds of some of these had risen in social status. Works like Vira-mitrodaya (Vyavahara, p.12) testify to the verticle social mobility in Hindu society.

16. These are ati-pdtakas for which there is no expiation except self-immolation in fire.

Two Krcchra penances. Krcchra is a general term for different penances. From Sdma-vidhdna Brdhmasha, (1.2.1-4), Gautama (26.1-6) and Apastamba, (1.9.27.7) it seems to be a penance of 12 days duration. In this, the penitent is to eat sacrificial food for three days by day only (fasting at night), then for the next three days he is to fast during day time and eat at night only. Then for the next three days, he should eat when (sacrificial) food is offered to him, without his asking for it, and then should observe complete fast on the last three days.

Sdntapana, Mahd-Santapana, A ti-Sdntapana are penances of the same category in which the duration is different but subsistence on the cow’s urine, dung, milk, curds, ghee and Kusa water interspersed with complete fasts are the common factors. Thus, according to Brhad-Yama Smr 1.13 (Manu XI.213), Sdntapana lasts for two days. On the first day, the penitent drinks the above ingredients and on the next day observes complete fast.

go-mUtram gomayam ksiram dadhi-sarpih kuiodakam / ekardtropavdsaJca krcchram santapanam smrtam //

For Maha-santapana, the observer drinks separately for six days in succession, the above six ingredients and observes a fast on the seventh day (Devala 82, Atri 118-119). Yama proclaims Mahd-santapana for fifteen days, when each of the ingredients (cow’s urine, dung, etc.) are taken as food for three days consecutively. AP. 171.8-10 proclaims Mahasimtapana as lasting for 18 days and also of 21 days.

Krcchratikrcchrapcyasd divesandm ekavimialim / tryahdbhyastam athaikekam atisantapanam smrtam //

Avakfrshin — a religious student who has committed an act of incontinence (such as sexual intercourse) against his vow of celibacy. For his donkey-like act he was to expiate by offering an ass to Nairrti (Ydjflavalkya II. 280) Manu XI. 123-24 however calls upon such a sinner to put on a donkey-hide, and beg for food in seven houses proclaiming his violation of oath.

The observance to stay among cows, act like them, bathe in cow’s urine and subsist on cow-dung. The observer is not to sit, eat or drink unless cows have done so. The duration of this observance is one month.

21. Prdjdpatya is a Krcchra penance when the noun Kfcchra, is not qualified by any adjective like ati-, tapta-, mahd- etc. (Smrti-idstrefu nirupa-padasya krcchra- Jabdasya prdjdpatya eva prdcuryeita prayogdl, krcchram iti prdjdpatyam iti Devala- smararidc ca. — Pardiara Mddhava II. Part 1 p.30.

The duration of this penance is twelve days or consecutive four periods each of three days, in which there is respectively (i) eating once by day (and fast at night), (ii) eating once by night only, (iii) eating once only unsought for (sacrificial) food and (iv) complete fast for the last three days:

tryaham pratas tryaham sayarh tryaham adyad ayacilam / tryaham par am ca nd'aniyat Prdjdpatyam car an dvijah //

23. This is the practice for Vepi-dana (giving of tresses) of women. It seems that complete tonsure of women (whose husbands are alive) practised at Tirupati (Andhra Pradesh), is not taken into account or that custom might have come into vogue in the post-NP. period.

25. The line papath na kfiyate hantur dataca narakam vrajet by itself is incomplete and cannot be construed with 55b which is connected with 56a. The LYS 58a supplies the missing line which runs as follows:

26. Krimibhis triiasambhUtair — a misprint for Kpnibhir vraria-sambhUtair vide LYS. 62.

27. Suvarria-manikam a misprint for suvarnamdfaka vide LYS. 63. mdfaka — a wt. of gold variously equated with the weight of 8 or 10 gufljd seeds.

We have previously noted the evolution of the concept iffdpUrta since the Vedic period. Here two purdshic difinitions are quoted:

If (a consists of maintenance of sacred fire, performance of penance, truthfulness, Vedic studies, honouring a guest and performance of vaiivadeva, while PUrta includes dedication of tanks, wells, temples, maintenance of centres of free food distribution, and of public gardens. If fa leads to the celestial region, while Piirta, to Mokfa.

vdpi-k йра-taddgdni devatdyatandni ca / anna-pradanam ardmah purtam dharmam ca muktidam // agnihotram tapah satyam Vedanafl cdnupalanam / dtithyam vaifvadevad ca prdhur if fad ca ndkadam //

Atri Smr. 43-44 are the same as the above verses. As already noted NP. implies the same by this term.

30. The colours of cows from whom urine, dung, milk, etc. are to be obtained for preparing paflca-gavya are differendy given in some smrtis. For example, Parasara proclaims that the urine, dung, milk, curd and ghee should be of cows respectively of dark, white, copper-like, dark-red and tawny colour:

go-m utram kffna-varndydk ivetdyd gomayam haret / payaicd tdmra-varpdya raktdyd dadhi co'cyate //

51. The verses in NP. do not clarify the method of preparing paflca-gavya. The following is the method in brief:

'According to Atri.299 dung, urine, ghee and milk were to be respectively 1, 2, 4 and 8 parts and curds also 8 parts. When mixing the ingredients, urine is taken with sacred Gdyatri, cowdung with gandha-dvardm (Tai.Ar.X.l), milk with dpydyasva (ДК.1.91.16), curds with dadhikraVQO (i?K.IV.39.6), ghee with tejosi iukram (Vdjasaneyi Sarhh. 22.1) and Kuia water with devasya tvd (Ait. Brd 37.3). The paflca-gavya thus prepared is to be placed near the tire, then it is to be stirred to the accompaniment of apo hi sh(ha (RV.X.9.1-3) and then with the mantra та nastoke (ЛР.1.114.8) is to be repeated over it. It may be then offered into fire with green darbhas9 not less than seven, to the accompaniment of Irdvati (i?F.VII.99.3), idam Vishnur (RV. 1.22.1) ma-nastoke (RV. 1.114.8) and the iamvati verse (RV.X.9.4) and then the remainder is to be drunk by the preparer with the verse in Parasara XI.37”

32. This verse properly enumerates the kinds of vessels in which paflca-gavya is to be prepared (vide Pardiara Madhava II. 1 p.434, where Prajapati is quoted). But here the vessels are to be used for drinking the Kuiodaka (water containing Kuia grass).

It may be noted that раца-Bhaxide is a misprint for parzia-Bhande vide LYS 74.

33. Here begins a new topic called Aiauca — impure state arising on birth (jananaiauca or siitaka) and arising out of death (mxtakdiauca). Verses 7lb-72 give the general rule that if both aiaucas are of the same kind, and the second is of the same or of lesser duration than the first, a person gets rid of them both at the end of the first. Nirnaya sindhu (pp.536-540) discusses 12 alternatives of such superventions of Aiauca, but NP. is not interested in these details.

for the benefit of our dead ancestors, at the proper time, place and to deserving persons in accordance with the prescribed procedure: shraddhas have been variously classified. The classification accepted in the NP is: (1) jVilyat

(2) Naimittika (3) Kamya (4) Vrddhi and (5) Pdrvatta and the terms have been explained in translation.

37. There is a great divergence of views regarding the day of asthi-sancayana or collection of charred bones of the cremated persons. Thus Gd.P. Preta khan4^ 5.15 prescribes the 1st, 3rd, 7th or 9th and specially the 4th by twice-born persons, a view endorsed by Vamana P.14.97-98. Here NP. echoes or rather quotes LYS. 87 and 88.

38. Since the IjjLgveda, water is regarded as ‘great purifier1, iucayah pavakdh being the favourite phrase of all Vedic seers. Hence, it was offered to the deceased after cremation by any or all sapindas.

39. Cf. Vifiru dharma sutra 23.46 and Apastamba both quoted by АрагДгка, p. 273.

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