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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s9.3

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s9.3

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English

v1.c6.s9.3.1

The contents of the Vas. Dh. S. are :— I Definition of *Dharma*, limits of Āryāvarta, who are sinners, the mortal sins, a brāhmaṇa can marry a girl of any of the three higher castes, six forms of marriage, the king was to regulate the conduct of people and to take the sixth part of wealth as a tax ; II. The four *varṇas*, the greatness of *ācārya*, before *upanayana* there is no authority for religious rites, the privileges and duties of the four castes, in distress a Brāhmaṇa could subsist by resorting to the calling of a Kṣatriya or Vaiśya, a Brāhmaṇa was forbidden to sell certain things, usury condemned, rates of interest allowed ; III. Censure of illiterate Brāhmaṇa, rules on finding treasure-trove, who are *ātatāyins*, when they could be killed in self-defence, who are *paṅktipāvanas*, constitution of a *pariṣad*, rules about *ācamana*, *śauca* and purification of various substances ; IV. The constitution of the four castes is based upon birth and the performance of *saṁskāras*, the duties common to all castes, honouring guests, *madhuparka*, impurity on birth and death ; V. dependence of women, rules of conduct for a *rajasvala*; VI. usage is transcendental *dharma*, praise of *ācāra*, rules about answering calls of nature, moral characteristics of a brāhmaṇa and the peculiar characteristics of a śūdra, censure of partaking food at the houses of śūdras, rules of etiquette and good breeding ; VII the four *āśramas*, and the duties of a student ; VIII.

v1.c6.s9.3.2

Duties of an householder, honouring guests, IX. rules for forest hermits ; X. rules for *saṁnyāsins* ; XI. six persons who deserve special honour, viz. the priest at the sacrifice, son-in-law, king, paternal and maternal uncles and a *snātaka*; order of precedence in serving food, guests, rules about śrāddha, times for it, the brāhmaṇas to be invited at it, rules about *agnihotra*, *upanayana*, the proper time, staff, girdle &c. for it ; method of begging for alms, prāyaścitta for those whose *upanayana* is not performed ; XII. rules of conduct for a *snātaka* ; XIII. rules about the beginning of Vedic study, rules about holidays for Vedic studies, rules about falling at the feet of the *guru* and others, guiding principles in precedence as regards respect (learning, wealth, age, relationship, avocation, each prior deserving more consideration than each succeeding one), rule of the road ; XIV. rules about forbidden and permitted food, rules about the flesh of certain birds and animals ; XV. rules of adoption, about excommunication of those who revile the Vedas or perform sacrifices of śūdras and for other sins; XVI. About administration of justice, king as guardian of minors, threefold *pramāṇas*, viz. documents, witnesses and possession; rules about adverse possession and about king's advisers; qualifications of witnesses; perjury condoned in certain cases; XVII. praise of *aurasa* son; conflicting views about *kṣetraja* son, viz.

v1.c6.s9.3.3

whether he belongs to the begetter or to him on whose wife he is begotten; twelve kinds of sons; partition between brothers, grounds of exclusion from partition, rules of *niyoga*, rules about grown-up unmarried girl, rules of inheritance, king as ultimate heir; XVIII. *pratiloma* castes such as cāṇḍāla, no Vedic studies for śūdras or in their presence; XIX. king's duty to protect and to punish; importance of *purohita*; XX. about prāyaścittas for various acts unknowingly or knowingly done; XXI. prāyaścitta for adultery by Śūdra and others with women of the Brāhmaṇa caste or for cow-killing; XXII. prāyaścitta for eating forbidden food and sacred texts that purify in case of sins; XXIII. penances for *Brahmacārin* having sexual intercourse, for drinking wine &c.; XXIV. Kṛcchra and Atikṛcchra; XXV. secret penances and penances for lesser sins; XXVI-VII. virtues of prāṇāyāma, Vedic hymns of Gāyatrī as purifiers; XXVIII. praise of women, eulogy of Vedic *mantras* like *aghamarṣaṇa* and of gifts; XXIX. rewards of gifts, *brahmacarya*, *tapas* &c.; XXX. eulogy of *dharma*, truth and *brāhmaṇa*.