History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.315

v5.c71.s1.315

First come the Mahāpātakas. Śaṅkha ²⁰⁷ (17. 1-3) prescribes the following penance for the four mahāpātakas: the sinner should bathe thrice every day, should erect in a forest a cottage thatched with leaves, should sleep on the ground, should subsist on leaves, roots and fruits, should enter a village for alms all the time declaring his misdeed, should eat only once a day. When the 12th year passes in this way, the thief of gold, the drinker of surā, the murderer of a brāhmaṇa and one who is guilty of incest become free from sin. Viṣṇu Dh S. 34.1 speaks of sexual intercourse with one's mother, daughter or daughter-in-law as *atīpātaka* and (34.2) provides that there is no penance except entering fire for this grave sin. The Bhaviṣyapurāṇa, Hārīta and Saṁvarta (q. by the Pr. V p 43) say the same But other smṛtis like Manu XI. 54 and Yāj III. 227 treat mātṛ-gamana as a mahāpātaka (gurutalpa-gamana) and intercourse with the daughter or daughter-in-law as equal to violating guru's bed (Manu XI. 58, Yāj. III. 233-234). Therefore we begin with the mahāpātakas the first of which is the murder of a brāhmaṇa Gaut. 22 2-10, Āp Dh. S I. 9. 24 10-25 and I. 9 25 12-13, Vas 20. 25-28, Viṣṇu Dharmasūtra 35. 6 and 50. 1-6 and 15, Manu. XI. 72-82, Yāj III 243-250, Agnipūrāṇa 169. 1-4 and 173 7-8, Saṁvarta 110-115 and many others prescribe various penances for brāhmaṇa-murder. As the treatment of Manu is tolerably long, an analysis of it alone will be given here. Manu as stated by the Bhaviṣyapurāṇa (quoted by Kullūka on Manu XI. 72-82, Aparārka p 1055 and Pr V. p 63) speaks of 13 separate penances for *brahmahatyā*²⁰⁸. The general rule was that for a man of any class who is directly guilty of intentional murder of a brāhmaṇa the penance was to end in death²⁰⁹. The thirteen penances as set out by Govindānanda in his commentary (called Tattvārthakaumudī) on Prāyaścittaviveka (p 63) are as follows:—