History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c24.s1.424

v2.c24.s1.424

*Patitasāvitrīka* (those for whom there has been no upanayana and therefore no instruction in Gāyatrī and who are therefore sinful and outside the pale of Aryan society). The gṛhya and dharma sūtras are agreed that the time for upanayana has not passed till the 16th, 22nd and the 24th year in the case of brāhmaṇas, kṣatriyas and vaiśyas respectively, but that after these years are past without upanayana taking place they become incompetent thereafter for learning the Sāvitrī (the sacred Gāyatrī verse). Vide Āśv. gṛ. I. 19, 5-7, Baud. gṛ. III. 13. 5-6, Āp. Dh. S. I. 1. 1. 22, Vas. XI. 71-75, Manu II. 38-39, Yāj. I. 37-38. Such persons are then called patitasāvitrīka or sāvitrīpatita and also vrātya (Manu II. 39 and Yāj. I. 38 call them so). These works ⁹¹⁴ also declare that the consequences of this are that no upanayana is to be thereafter performed for them, they are not to be taught the Veda, nor is any one to officiate at their sacrifices and there is to be no social intercourse with them (i. e. no marriage takes place with them). Āp. Dh. S. (I. 1. 1. 24-27) prescribes that after the 16th or 24th year, the person should undergo the rules of student-hood two months just as those who meant to study the three Vedas and whose upanayana has been performed observe (viz. begging for food &c.), then his upanayana should be performed, then for one year he should bathe (thrice if possible) every day and then he should be taught the Veda. This is a somewhat easy penance. But others prescribe heavier penalties. Vas. Dh. S. XI. 76-79 and the Vaik. smārta II. 3 prescribe that one who is *patitasāvitrīka* should either perform the Uddālaka vrata or should take a bath along with the performer of an Aśvamedha sacrifice or should perform the Vrātyastoma sacrifice. Both Vasiṣṭha⁹¹⁵ and the Vaik. smārta explain that the Uddālaka vrata consists in subsisting on barley gruel for two months, for one month on milk, for half a month on.āmikṣā (the whey that arises by pouring curds in hot milk), for eight days on ghee, for six days on alms obtained without begging, for three days on water and in observing a total fast for one whole day. The Sm. C. (I. p. 28) says that this vrata is so called because it was promulgated by Uddālaka. Manu XI. 191 and Viṣṇu Dh. S. 54. 26 prescribe a mild prāyaścitta for *patitasāvitrīkas*, viz. three prājāpatya⁹¹⁶ penances; while Yāj. I. 38, Baud. gṛ. III. 13. 7, Veda-Vyāsa I. 21 and several others prescribe only the Vrātyastoma for those who are *patitasāvitrīkas*. Viśvarūpa⁹¹⁷ (on Yāj. III. 262) tries to reconcile these contradictions by saying that the easy penance prescribed by Manu applies to a brāhmaṇa whose upanayana is not performed before the 16th year, but whose upanayana is sought to be performed before the 22nd year, while the Vrātyastoma is to be performed for him whose upanayana is not performed for forty-eight years from the first prescribed period (viz. 8th year, 11th year or 12th). The Mit. on Yāj. III. 262 also tries to introduce vyavasthā (order) in the contradictory dicta of the smṛtis. According to Gaut. 21. 11, Yāj. III. 234 and others *vrātyatā* (being *patitasāvitrīka*) is only an *upapātaka* and Manu XI. 117 prescribes an easy penance for all *upapātakas*.