History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.785

v4.c63.785

*Abhyupetyāśuśrūṣā* (non-rendition of service after making a contract to serve or obey)⁸⁴¹. Nār. VIII. 1 defines it as the title in which after having undertaken to serve or obey one does not act up to it. The ancient dharmasūtras mention only two kinds of servants viz. agricultural labourers and herdsmen. Vide Āp. Dh. S. II. 11. 28. 2-3 and Gaut. XII. 16-17⁸⁴². Acc. to Nār. VIII. 2 and 3 there are five kinds of servers (or attendants) viz. four that are called *karmakāra* (performers of labour) and the fifth class comprehends slaves of fifteen kinds; and the four *karmakaras* are pupil (*śiṣya*), apprentice (*antevāsin*), a hired servant (*bhṛtaka*) and one who supervises hired servants (*adhikarmakṛt*). Not being free to do as they like is the common attribute of these five kinds of attendants, but there is a distinction among them due to their castes, their peculiar actions and their mode of maintaining themselves (Nār. VIII. 4). A śiṣya (pupil) is one who desires (from his teacher) instruction in Vedic learning, an antevāsin is one who receives instruction in some craft such as goldsmith's work or dancing, a hired servant is one that does some work for wages, an adhikarmakṛt is one who supervises hired servants. Work is of two kinds, *śubha* (i. e. pure, done by the four kinds of karmakaras) and *aśubha* i. e. impure (done only by slaves). Aśubha acts comprise⁸⁴³ (Nār. VIII. 6-7 and Kāt. 720) sweeping the doors of houses, pits in which leavings of food are thrown, roads, rubbish heaps; scratching or shampooing the private parts (of the masters); collecting and throwing away leavings of food, ordure and urine and making use of one's limbs (hand &c.) at the master's desire for wiping off the master's private parts; all other actions are pure. Karmakaras do work for securing Vedic learning or *vijñāna* (art or craft), some desire or money. The duties of a vedic student are described by Nār. VIII. 8-15 and have been set out above in H. of Dh. vol. II. pp. 305-312 viz. to wait upon the teacher, his wife and son, to beg for food, to sleep on the ground, to do the bidding of the teacher, to learn the vedas, to offer fee to the teacher at the end of vedic study. An apprentice is distinguished in his actions and mode of maintenance from a śiṣya. The antevāsin, acc. to Yāj. II. 184, Nār. VIII. 16-21, Bṛ. (S. B. E. vol. 33 p. 344 verse 6) and Kāt. 713, resides with a master craftsman to learn some⁸⁴⁴ art or craft (such as goldsmith's work, singing, dancing, house-building), agreeing to work under him for a stated period, the master craftsman gives him food and teaches him in his own house, does not put him to any other work; if the apprentice leaves the teacher even though the latter is willing to teach him, he (the pupil) should be made to stay with the teacher and may be whipped or confined; the pupil even though he may have become an adept has to stay with the master till the end of the agreed period and the teacher appropriates the fruits of the apprentice's labour. If the master does not instruct the apprentice in the craft and makes him do other work, he would be liable to pay the first amercement and the pupil may leave him⁸⁴⁵.