History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.120

v5.c71.s1.120

Manu XI. 67 (=Agnipurāṇa 168⁸⁶. 37-38) and Viṣṇu Dh. S. 38 1-6 mention certain lapses as 'jātibhraṁśakara' (that cause the loss of caste) viz giving pain to a brāhmaṇa (by means of a stick or by the hand), smelling things which ought not to be smelt at (such as garlic, ordure &c.) and smelling spirituous liquor, cheating (saying one thing and doing another), an unnatural offence with a man (or beast also, acc to Viṣṇu) According to Manu XI 68 (=Agnipurāṇa 168 38-39), killing a donkey, a horse, a camel, a deer, an elephant, a goat, sheep, fish, a snake or a buffalo must be known to be saṅkarīkaraṇa (reducing one to a mixed caste). Viṣṇu 29. 1 says that saṅkarīkaraṇa is the killing of village or forest animals. Manu XI. 69 holds that accepting presents from condemned men (such as those mentioned in Manu IV. 84), trading, serving śūdras and speaking a falsehood make a man unworthy to receive gifts (*apatrīkaraṇa*). The Viṣṇu. Dh. S. 40. 1 adds 'maintaining one's self by usury' to these. Manu XI. 70 prescribes that killing insects, small or large, or birds, eating any thing kept close to spirituous liquors, stealing fruits, fuel and flowers and unsteadiness of mind are *malāvaha* (which make a man impure). Viṣṇu Dh. S. 41. 1-4 are similar. Viṣṇu Dh. S. 42. 1 says all other lapses not specifically mentioned in the several kinds are styled miscellaneous (prakīrṇaka) Vṛddha-Hārīta (IX. 210-215) specifies several lapses as prakīrṇaka viz. cutting big trees for fuel (used for cooking one's food), killing insects, big and small, eating of food that has become uneatable owing to *bhāva* ⁸⁷ (i e its resemblance in colour or flavour to some forbidden food or because it is offered with disrespect) or *kāla* (food on ekādaśī or in an eclipse, or in a mourner's house &c or that is stale) or *kriyā* (action, such as food served with the bare hand or seen by a *patita*, *caṇḍāla* or a dog &c); theft of clay, skin, grass, wood, over-eating, falsehood, restlessness about pleasures, sleep by day, spreading false rumours; making others hear false rumours, eating at another's house, sexual intercourse by day, seeing women in their monthly illness or just after delivery, looking at others' wives; sexual intercourse on a fast, on a śrāddha day, on a parvan day; service of a śūdra; friendship with the low, touching the leavings of food; broad laughs with women, talking at random (or love prattle), looking at women that have untied their hair It will be noticed that some of these like the cutting of big trees for fuel, service of a sūdra, friendship with low persons have been already included by Yāj under upapātakas