History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v3.c44.3

v3.c44.3

The subject of gifts naturally leads on to the topics of *pratiṣṭhā* and *utsarga*. We saw above (p. 157 *f. n.* 370) how the construction of temples, wells and similar religious and charitable foundations and institutions was included under pūrtadharma and how śūdras were entitled to perform such dharma. The Mit. on Yāj. II. 114 points²⁰⁶⁶ out that women (and widows) were entitled to spend on *pūrta* objects, though they were not authorized to perform *iṣṭa* dharma (i. e. vedic sacrifices &c.). Modern decisions have gone so far that a Hindu widow whose powers of alienating for secular purposes property inherited from her husband are very limited has been held to possess greater powers of alienation if the alienation be made for the spiritual benefit of her deceased husband and dedications by her of a small fraction of the property for the continuous benefit of the soul of the deceased owner have been upheld.²⁰⁶⁷ Such works of public utility have been highly recommended from very ancient times. Śabara²⁰⁶⁸ on Jaimini I. 3. 2 refers to the smṛti rules about charitable objects which are based on such śruti passages as 'O Agni, who art ancient and a king, thou art to the man who desires to offer a sacrifice like *prapā* (shed where water is distributed to travellers) in a desert'. In Ṛg. X. 107. 10 a puṣkariṇī (a tank) is mentioned. The Viṣṇu Dh. S. (chap. 91. 1-2) states 'one who digs a well (for the public) has (the consequences of) half his sins destroyed when the water has begun to flow forth; one who dedicates a pond is forever happy (free from thirst) and attains the world of Varuṇa.' Bāṇa in his Kādambarī (para 44)²⁰⁶⁹ mentions that smṛtis enjoined upon men the foundation (for public use) of halls, shelters, wells, *prapās*, gardens, temples, embankments, water wheels &c. Some sages went so far as to say that the reward of sacrifices is only heaven, but by pūrta (consecration of temples, tanks and gardens) one secures release from *saṃsāra*.²⁰⁷⁰ This shows that charitable works for the use of the public or large sections of the public came to be regarded as more meritorious than sacrifices the gifts in which benefited only brāhmaṇas.