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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s7.6

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s7.6

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English

v1.c6.s7.6.1

1. the authoritative sources of *dharma* are the Veda and the usages of those who know *dharma*; the four *varṇas*, their precedence; definition of *ācārya* and his greatness, time for *upanayana* according to the *varṇas* and according to one's desire; *vrātyastoma* if proper time for *upanayana* is gone; he whose father, grand-father and great-grand-father have no *upanayana* performed becomes *patita*, but he can be purified by *prāyaścitta*; the duties of *brahmacārin*, residence with teacher for 48 years, 36, 24, or 12 years; duties of teacher to *brahmacārin*, his staff, girdle and garment, rules about begging for food, bringing fuel and offering to fire, what things (like *prāṇāyāma*) are his *tapas*, rules about saluting teachers and others according to *varṇas*; giving *dakṣiṇā* to the teacher at the end of study; rules for *snātaka*; rules about holidays and about the time and place for Vedic study; rules about holidays apply to study of the Veda and not to the use of *mantras* in Vedic rites; the five great daily *yajñas* to the *bhūtas*, men, gods, pitṛs, and sages, honouring men of higher castes, old men, parents, brothers and sister and others, method of inquiring about one's health &c. according to *varṇas*; occasions of wearing yajñopavīta; times and manner of *ācamana*; rules about forbidden and permitted food and drink; the avocation of a *vaṇij* not allowed to a Brāhmaṇa except in distress; rules forbidding the sale or exchange of certain things;

v1.c6.s7.6.2

grave sins (*pataniyā*), such as theft, the murder of a Brāhmaṇa or other man, causing abortion, incest, drinking wine etc; other sins are not so grave, though they make the perpetrator impure; discussion of some metaphysical questions such as the knowledge of the soul, *brahma*, the moral faults that lead to perdition such as rage, avarice, hypocrisy &c; the virtues that lead to the highest good, such as absence of anger or avarice &c, truthfulness, tranquility; compensation for killing a Kṣatriya, Vaiśya, a Śūdra and women; *prāyaścitta* for killing a Brāhmaṇa and an Ātreyī Brāhmaṇa woman, for killing a *guru* or a Śrotriya; prāyaścitta for violating the bed of a *guru*, for drinking wine and for theft of gold; prāyaścittas for killing several birds, cows and bulls, and for abusing those who should not be abused, for sexual intercourse with a Śūdra woman, for taking forbidden food and drink &c.; rules about Kṛcchra for twelve nights, what constitutes theft; how one should act towards a fallen (*patita*) *guru* and mother; various opinions about prāyaścitta for violating *guru's* bed, prāyaścitta for a husband who has intercourse with another woman and for wife's adultery; prāyaścitta for killing a *Bhrūṇa* (a learned brāhmaṇa); Brāhmaṇa was not to wield arms, except in self-defence against bodily injury; prāyaścitta for *abhiśasta*; prāyaścittas for lesser sins: various views about *snātaka* (Vidyāsnātaka, Vratasnātaka and Vidyāvratasnātaka);

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the observances (*vratas*) of snātaka as regards garments, answering calls of nature, about scandalous talk, about not seeing the rising or setting Sun, avoiding moral faults such as anger; II (*praśna*) the householder's observances commence on marriage (*pāṇigrahaṇa*); rules of conduct for a householder about taking food and fasting, about sexual intercourse; all the *varṇas* attain unmeasured bliss by performing their duties and are re-born in conditions appropriate to their actions and by means of evil deeds are re-born in evil surroundings e. g. a Brāhmaṇa who is a thief or a murderer of a brāhmaṇa becomes a Caṇḍāla, a similarly guilty *rājanya* becomes a *paulkasa*, the three higher castes should after bathing perform Vaiśvadeva, Śūdras may cook food for their masters of higher castes under the supervision of Āryas; offerings (*bali*) of cooked food; guests (*atithi*) should first offered food, then children, old men, sick persons and pregnant women and then the householder himself); no one should be refused food who (*sic*) comes at the end of Vaiśvadeva; rules of receiving guests, such as unlearned brāhmaṇas, Kṣatriyas, Vaiśyas and Śūdras; a householder should always wear an upper garment or his sacred thread may serve that purpose; in the absence of a Brāhmaṇa teacher, a Brāhmaṇa may learn from a Kṣatriya or Vaiśya teacher; duties of a married man when his women come as guests; duty of householder to teach and to observe the code of conduct laid down for him;

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in case of doubt listen guest's caste and character; how to proceed; who is an *atithi*; praise of honouring an *atithi*; procedure for honouring guests comes to a king or to one who has consecrated fires or when one comes on a car, a bullock or a cart, sacred fires should be honoured; the seven or nine dogs and five killers of men should be removed; what food is to be cooked, with what kind of cooking vessel it is to be done; whether a householder may subject himself, wife and children to privations (*kṣut pratīkāraḥ*); amount of food to be taken by *brahmacārin*, householder, hermit &c.; occasions for begging are the teacher, marriage, sacrifice, maintenance of parents and avoidance of the cessation of some worthy obervance (like *agnihotra*); the peculiar *karmans* of Brāhmaṇas and the other castes; rules of war; the king to appoint a *purohita* skilled in *dharma* and art of government, who is to carry out punishments and penances; punishments including death sentence according to the gravity of the offences, but a Brāhmaṇa was not to be killed or injured or to be made a slave; rule of the road; a man of the lower caste by practising his duties rises higher and higher when re-born and a man of the higher castes goes lower by *adharma*; one should not marry another wife, when the first has children and is helpful in the performance of *dharma*; rules about marriageable girl, i. e. she must not be *sagotra* and *sapiṇḍa* of the mother;

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six forms of maraiage, brāhma, ārṣa, daiva, gāndharva, āsura, rākṣasa; preference among the six; rules of conduct after marriage; sons born of wives of the same caste can perform the duties appropriate to the father's caste and inherit parent's property; the son of a woman who was once married or who is not married according to prescribed forms or who is not of the same caste is censured; whether the son belongs to the begetter (or to him on whose wife he is begotten); there can be no gift or sale of a child; partition during father's lifetime and equal division; exclusion from inheritance of the impotent, lunatics and sinners; the inheritance in the absence of son goes to nearest *sapiṇḍa*, then to the teacher and then to the pupil, or the daughter and ultimately to the king; the opinion of some that the largest share goes to the eldest son is opposed to the Vedas; no partition between husband and wife; usages of countries and families not to be followed if opposed to the Vedas; impurity on death of agnates, cognates &c; gifts to be made at proper time, place and to proper person; *śrāddhas*; times of *śrāddha*; materials required at śrāddha, food (including flesh) appropriate at *śrāddhas*; what Brāhmaṇas are to be called at *śrāddha*; the four *āśramas*; rules about *parivrāj* i. e. *sannyāsin*; the duties of forest hermit; praise of the meritorious and condemnation of evil-doers; special rules about kings; founding of his capital and palace; position of the *sabhā*;

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extirpation of thieves; gifts of land and wealth to Brāhmaṇas; protection of people; persons exempt from taxation, such as Śrotriyas, women of all castes, students and ascetics; punishment of young men for adultery; punishment varied according as the woman wronged was Ārya or Śūdra; punishments for abuse and for homicide; punishments for various breaches of conduct; dispute between cowherd and master; the perpetrator, the abettor and one who approves of the act are all guilty; who are to decide disputes; in case of doubt decision by inference and by divine proof (ordeals); punishment for perjury; all other *dharmas* should be learnt, according to some, from women and people of all castes.