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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s5.4

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s5.4

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v1.c6.s5.4

According to Haradatta the dharmasūtra has 28 chapters. The Calcutta edition adds one chapter on *Karmavipāka* after chapter 19. In many places Gautama unmistakably refers to his own previous *dicta*; e. g. Yathoktaṁ vā (23. 16) refers to 23. 10; 23. 26 refers to 17. 8-26; 17. 18 refers to 15. 18. The following are briefly the contents of the Gautamadharmasūtra:—1. Sources of dharma, rules about interpretation of texts, time of *Upanayana* for the four *varṇas*, the appropriate girdle, deer skin, cloth and staff for each Varṇa, rules about *śauca* and ācamana, method of approaching the teacher; 2 rules about those not invested with sacred thread, rules for the *brahmacārin*, control of pupils, period of study; 3 The four āśramas, the duties of *brahmacārin*, *bhikṣu*, and *vaikhānasa*; 4 rules about the house-holder, marriage, age at time of marriage, eight forms of marriage, sub-castes; 5 rules about sexual intercourse on marriage, the five great daily sacrifices, the rewards of gifts, *madhuparka*, method of honouring guests of the several castes; 6 rules about showing respect to parents, relatives (male and female) and teachers, rules of the road; 7 rules about the avocations of a brāhmaṇa, avocations for him in distress, what articles a brāhmaṇa could not sell or deal in; 8 the forty saṁskāras and the eight spiritual qualities (such as *dayā*, forbearance &c.); 9 the observances for a *snātaka* and householder; 10 the peculiar duties of the four castes, the responsibilities of the king, taxation, sources of ownership, treasure-trove, guardianship of minor's wealth; 11 Rājadharma, the qualities of the king's *purohita*; 12 punishments for libel, abuse, assault, hurt, adultery and rape, theft in the case of the several varṇas and rules about money-lending and usury and adverse possession, special privileges of brāhmaṇas as to punishments; payment of debts, deposits; 13 rules about witnesses, falsehoods when excusable; 14 rules of impurity on birth and death; 15 Śrāddha of five kinds, persons not fit to be invited at Śrāddha; 16 Upākarma, period of Vedic study in the year, holidays and occasions for them; 17 rules about food allowed and forbidden to Brāhmaṇas and other castes; 18 the duties of women, *niyoga* and its conditions, discussion about the son born of *niyoga*; 19 the causes and occasions of prāyaścitta, five things that remove sin (*japa*, *tapas*, *homa*, fasting, gifts), purificatory Vedic prayers, holy food for one who practises *japa*, various kinds of *tapas* and gifts, appropriate times and places for *japa* &c; 20 abandoning a sinner who does not undergo prāyaścitta and the way of doing it; 21 sinners of various grades, mahāpātakas, upapātakas &c.; 22 prāyaścittas for various sins such as *brahmahatyā*, adultery, killing a Kṣatriya, Vaiśya, Śūdra, cow and other animals &c.; 23 prāyaścitta for drinking wine, and nasty things, for incest and unnatural offences, and for several transgressions by brahmacārin; 24 secret *prāyaścittas* for *mahāpātakas* and *upapātakas*; 26 the penances called Kṛcchra and Atikṛcchra; 27 the penance called Cāndrāyaṇa; 28 partition, strīdhana, reunion, twelve kinds of sons, inheritance.

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