History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1240
History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1240
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Ṛg. X. 5.6 " the wise made seven boundaries (restrictions) by transgressing even any one of which a man becomes sinful ", the Nirukta VI. 27 enumerates the seven sins as "theft, violating the bed (of the *guru*), murder of a brāhmaṇa, murder of a bhrūṇa, continual performance of sinful acts, telling a lie as to a sinful matter". In the Tai. S. II. 5. 1. 1., Śat. Br. XIII. 3. 1. 1. and other Brāhmaṇa texts, the murder of a brāhmaṇa seems to have been regarded as the gravest of all sins (vide H. of Dh. vol. II. p. 147 and *n.* 333). In the Chāndogya¹¹⁶² Up. V. 10. 9 the five great sinners are declared to be the thief of gold, the drinker of liquor, the violator of the guru's bed, the murderer of a brāhmaṇa and one who associates with them. Gaut. (XXI. 1–3) declares that the murderer of a brāhmaṇa, the drinker of liquor, one guilty of sexual intercourse with the wife of his *guru* (elder or teacher) or with women who are the sapiṇḍas of his father or mother, a thief (who steals a brāhmaṇa's gold), an atheist, one who continually does forbidden acts, one who does not abandon a *patita* (son or the like through affection) and one who deserts his relations though they are not *patita* are *patitas* and so is one who incites another to commit a grave sin and also one who associates with a *patita* for a year (as regards a vehicle, a seat and bed). Āp. Dh. S. (I. 7. 21. 8–11) contains a longer list of grave sins (*patanīya*). Vas. (I.
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19–21) states that there are five grave sins (*mahāpātakas*) viz. violating the bed of the *guru*, drinking liquor, murder of a learned brāhmaṇa, robbing a brāhmaṇa of gold and contact with a *patita* by being his teacher or pupil or priest or by contracting a matrimonial alliance with him. The Baud. Dh. S. II. 1. 50-56 has a somewhat different list of *patanīya* actions viz. sea voyage, robbing a brāhmaṇa of his wealth and misappropriating a deposit, perjury for land, trading in (forbidden) articles, service under a śūdra and having a child from a śūdra woman. Manu XI. 54, Yāj. III. 227 and Viṣṇu Dh. S. 35. 1 enumerate the five wellknown mahāpātakas, viz. murder of a brāhmaṇa, drinking of liquor, theft, incest and continuous association for a year with these. Association with any sinner of any sort for one year made the associater guilty of the same sin (Yāj. III. 261). *Saṁsarga* or *saṁyoga* (contact or association) was of various kinds. Manu XI. 180 (= Śānti 165.37 = Baud. Dh. S. II. 1. 88 = Vas. 1. 22) states that a person who associates with a *patita* for a year as regards using the same vehicle or seat or taking food with him in the same row becomes patita; but he becomes patita at once by being his sacrificial priest or by being his teacher of the Veda or by entering into¹¹⁶³ a matrimonial alliance with him. Vṛddha-Bṛhaspati¹¹⁶⁴ (quoted by Mitākṣarā on Yāj. III. 261) states that association (*saṅkara*) with a *patita* is of nine kinds viz.
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occupying the same seat or bed, taking dinner in the same row with him, cooking food in his cooking pots, partaking of cooked food prepared by him, being a sacrificial priest or employing him as a priest, being his teacher of the Veda or making him one's teacher of the Veda, giving him one's daughter in marriage or taking his daughter in marriage, taking food with him in the same pot. Devala¹¹⁶⁵ declares that sin is passed on from one man to another by conversation (with a sinner), by touching him, by his breath (coming in close contact with one's nose), by occupying the same vehicle (horse) or seat, by eating (in his company), by being a priest for him or by making him one's priest, by being his teacher of Veda or making him one's teacher or by matrimonial alliance. The same causes that led to a male being patita operated in the case of a woman to make her *patita*; there was one additional cause viz a woman became *patita* by sexual connection with a male of a lower class than herself (Gaut. 21. 9, Yāj. III. 297 and Śaunaka¹¹⁶⁶). The ancient sages were very considerate even to fallen women. They provide that even women that are *patita* and have not yet performed the proper penance were not to be cast on the streets, but they were to be given a hut (near the house) for residence and bare maintenance that would keep body and soul together and were to be guarded against further lapses (Yāj. III. 296). Vide H. of Dh. vol. II pp. 571-573.