Manava Dharmashastra 5.88.2

5.88.2

atastadviparītasyānujñātaṃ bhavati | smṛtyantareṣvanyeṣāmapyudakakriyāniṣedho vihitaḥ| yathoktam "rājabhirnihatānāṃ ca śṛṃgidaṃṣṭrisarīsṛpaiḥ | ātmanastyāgināṃ caiva śrāddhameṣāṃ na kalpayet || "udakaṃ piṇḍadānaṃ ca pretebhyo yacca dīyate | nopatiṣṭhati tatsarvamantarikṣe vinaśyati || "nārāyaṇabaliḥ kāryoṃ lokagarhābhayānaraiḥ | tasmādebhyo'pi dātavyamannameva sadakṣiṇam” || tathā'nyatra "caṇḍālādudakātsarpādbrāhmaṇādvaidyutādapi | daṃṣṭribhyaśca paśubhyaśca maraṇaṃ pāpakarmaṇām” || tathā coktam "nṛṇāṃ caivāgnidagdhānāṃ ca snānālaṃkārakāriṇām | taptakṛcchradvayaṃ śuddhiraśrupāte'nuyāyinām || "tenoddiṣṭaṃ na caivānyaiḥ kāryamasyaurdhvadehikam | na ca nāmāpi kartavyaṃ tadvaṃśasya tadīya kam || "atyantanarakasthasya tasya pāpīyaso'dhikam | kāraṇāṃ kīrtanaṃ nāma sarvaṃ caiva bhayāvaham” || saṃvartena hyāsveva kriyāsu sāntapanamāmnātam, parāśareṇa taptakṛcchram, vaśiṣṭhena taptakṛcchrasahitaṃ cāndrāyaṇam| tatrāpūrvādi viśeṣā upekṣyāḥ | yadukaṃ 'caṇḍālādudakāt' ityādyupakramya 'maraṇaṃ pāpakarmaṇāmiti' tatredaṃ sandihyate | kiṃ yaścāṇḍālādirbuddhipūrvamātmānaṃ ghātayati tasyāyaṃ vidhiraurdhvadehikākaraṇam, tatkaraṇe ca prāyaścittam, uta pramādahatasyānicchata iti | kutaḥ sandehaḥ | iha gautamena "prāyānāśakaśastrāgniviṣodakodvandhanaprapatanaiścecchatā" ityuktam (14| 12) | iha cāviśeṣeṇa śrutaṃ "caṇḍālādudakāt" iti| tatra smṛtyantareṇaikaśāstratvādudakādityatra tāvadavaśyamicchatāmiti sambadhyate | sāhacaryādanyatrāpi tathaivetyāśaṅkā jāyate | kiṃca pāpakarmaṇāmiti śrūyate |

Other Smṛti-texts prohibit the water-offering for other persons also. It has been thus declared—‘Those killed by kings, those killed by horned or fanged animals, or by serpents, and those who have abandoned themselves,—to these no Śrāddha is to be offered; and water, ball-offerings and other offerings that are made to the dead, all this does not reach them, it becomes lost in the intervening regions. Through fear of popular blame, one should make the Nārāyaṇa offering; and for the sake of these also food-grains, along with the additional fee, shall be given.’

Elsewhere again—

‘Sinful men meet death from the Cāṇḍāla, from water, from serpents, from Brāhmaṇas, from lightning and from fanged animals.’

It is also laid down that—

‘For incendiaries, for keepers of baths and makers of ornaments and for professional mourners, there is purification after the performance of two Taptakṛcchra penances. Hence for these no after-death rites shall be performed by others; even the name of such persons, or of their family, should not be pronounced. For truly fearful is the uttering of the name of such a great sinner, who has gone to the worst hells.’

It is in connection with the acts mentioned here that Saṃvartn has prescribed the ‘Sāntapana’ penance; and Parāśara has laid down the ‘Taptakṛcchra’; and Vaśiṣṭha has prescribed the ‘Cāndrāyaṇa’ along with the ‘Taptakṛcchra’. But these differences may be ignored.

With reference to what has been said above regarding ‘the death of sinners’ resulting from ‘the Cāṇḍāla, from water &c. &c.,’ there arises the following question—“Does this rule, regarding the non-performance of the Śrāddha and the performance of penance, pertain to the Cāṇḍāla who kills himself intentionally?—or to one who is killed through carelessness, without intention?”

Why should this question arise?

(A) Well, Gautama (14.12) has said—‘In the case of those dying from hunger, by a weapon, by fire, by poison, in water, in prison, or from a precipice,—it is only when it is unintentional.’ While in the verse just quoted it is said simply, without any qualification ‘Those dying at the hands of the Cāṇḍāla &c.’ And on account of the necessity of reconciling this with what has been said in the other Smṛti text regarding the case of ‘dying in water’ &c., it must be ‘intentional death’ that is meant. And the idea arises that by reason of ‘association,’ the same should be the case with the others also.