History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.319.2

v5.c71.s1.319.2

243) adds that the staff with head-bone on and the head-bone carried in the left hand are merely symbolic (in order to remind him and others of his being guilty of brāhmaṇa murder), that he should on seeing an *ārya* avoid his path (Gaut. 22. 5), that he should keep standing by day and only sit down at night (Gaut. 22. 6) and bathe thrice in the day (Gaut. 22. 6). It is added by the Mit. that, if the murdered brāhmaṇa's head-bone cannot be had, that of any other brāhmaṇa would do. The Mit. adds that this *vrata*²¹⁰ for twelve years propounded by Gautama, Manu, Yājñavalkya and others is one and not different for each smṛti and therefore all the details that are not opposed to each other should be included. Aparārka p. 1053 (on Yāj. III. 243) relies on the 'sarvaśākhāpratyayanyāya'²¹¹ and states that there would be an option where the details of several smṛtis are in conflict. It was Viśvarūpa²¹² on Yāj. III. 237 who held that the procedure prescribed by each smṛti was separate and that all details taken from different smṛtis were not to be mixed up. According to the Mit. and Kullūka (on Manu XI. 72) this vrata for 12 years is appropriate in the case where a brāhmaṇa is murdered unintentionally and Kullūka quoting Aṅgiras provides that for intentional brāhmaṇa murder the penance will be double (i. e. 24 years). The Mit (on Yāj. III.