History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.387
History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.387
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v5.c71.s1.387.1
*Govadha* stands at the head of upapātakas in Manu, Yāj., the Agnipurāṇa (168 29-37). Several smṛtis provide different penances for the sin of killing a cow. Gaut. 22. 18 prescribes²⁴⁴ the same penance for *govadha* as for killing a vaiśya (Gaut. 22. 15) viz. staying for three years in a forest, subsisting on alms, observing celibacy and donating one hundred cows together with a bull. In Āp. Dh. S. I. 9. 26. 1 for killing a milch cow or a full grown ox the penance is said to be the same as for killing a śūdra Vas. 21. 18 provides that if a man kills a cow he should cover himself with the raw hide of the cow (that is killed) and should observe Kṛcchra or Atikṛcchra for six months. Manu ²⁴⁵ XI. 108-116, Viṣṇu Dh. S. 50. 16-24, Saṃvarta 130-135, Parāśara VIII. 31-41 (q. in Smṛtimuktāphala p. 875, prāyaścitta section) prescribe elaborate observances as penances for *govadha* Yāj. (III. 263-264) provides four separate prāyaścittas, viz (1) the killer of a cow should control his senses for a month, should subsist on *pañcagavya* (cow's urine, cow-dung, milk, curds and ghee), should sleep in a cowpen, should follow the cows so penned (by day) and at the end of a month donate a cow; (2) or he should perform Kṛcchra penance while sleeping in a cow-pen and following cows by day; (3) or should perform an *atikṛcchra* in the same way; (4) or should fast for three days and donate ten cows together with one bull.
v5.c71.s1.387.2
Śaṅkha provides²⁴⁶ that the killer of a cow should fast for 25 days and nights subsisting on pañcagavya, should tonsure his head together with the top-knot, should wear as an upper garment cow-hide and should follow cows, lie down in a cow-pen and donate a cow. Some of the smṛtis and digests declare that the penance differed according as the cow that was killed belonged to a learned brāhmaṇa or to a mere brāhmaṇa by caste, to a kṣatriya or vaiśya or śūdra For example, Devala (q. by Pr. V. p 202) states that if a cow belonging to a brāhmaṇa were killed, then the sinner should wear as upper garment that cow's hide for sıx months, should bring fodder for cows, should imitate cows, should subsist on barley gruel, should move among cows and then he becomes free fiom the sin. Śātātapa (q. by Pr V. p 203) states that one killing the cow of a vaiśya should subsist on pañcagavya for a month, should recite the Gomatī-vidyā²⁴⁷ and stay in a cowpen for a month. Viśvāmitra (Pr. V. p 203) says about the killer of a cow belonging to a śūdra that he should undergo four kṛcchras if he kills intentionally and two if unintentionally. The *Gomatī-vidyā* as quoted by Aparārka (p. 1102), the Madana-pārijāta (p. 862) and Pr T.
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p 522 (which takes it from the Prāyaścitta section of the Kalpataru that takes it from Yama) is a laudation of cows: 'cows always emit fragrance, they have the smell of *guggulu* (bdellium), they are the support of beings, they are a great blessing, cows are (yield in their milk) the best food and the best offerings for gods; they are purifiers of all beings and offerings ooze from them; they please the gods in heaven by the offerings (of milk and ghee) that are rendered pure by the *mantras* recited over them; in the *agnihotra* (keeping up the sacred fire) of sages cows help to bring about *homa*; cows are the holy and eminent protection for all beings; cows are extremely holy and most auspicious; cows are blessed; salutation to cows that abound in wealth and are called *saurabheyī!* salutation to the cows that are holy and the daughters of Brahmā. Brāhmaṇas and cows are (really) one family divided into two parts, in one (brāhmaṇas) reside the (vedic) *mantras* and in the other reside offerings (to Gods of ghee &c).” The Pr.
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prakaraṇa²⁴⁸ (p 33) says that Kātyāyana, Gautama, Saṁvarta, Parāśara and other sages prescribe differing panances for *govadha*, which are to be explained away by reference to the killing being intentional or unintentional or to the fact of the cow being owned by a brāhmaṇa engaged in a *soma* sacrifice or by a brāhmaṇa who has studied the Veda with the six auxiliary śāstras, or by the fact that the cow was useful for the *homa* of a brāhmaṇa possessed of good qualities or was a pregnant cow or of the *kapilā* (brown or tawny) variety. It adds the important statement that in its days such cows being not found in ordinary life it is not necessary to expressly assign to each of those texts its appropriate subject matter.