History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.44.3

v5.c71.s1.44.3

The Mahāpātakas (mortal sins) according to Vasiṣṭha are five, viz (violating) a *guru's* bed, drinking of spirituous liquor, murder of a bhrūṇa (a learned brāhmaṇa), stealing gold from a brāhmaṇa and associating with a *patita*. Those guilty of upapātakas (minor sins) are: He who forsakes sacred Vedic fires, he who offends a guru, an atheist, he who earns his livelihood from atheists, and he who sells the soma plant. The Baudhāyana Dharmasūtra²⁸ (II. 1) divides sins into *patanīya*, *upapātaka* and *aśucikara*. Among the first it cites making voyages by sea, stealing the property of a brāhmaṇa or misappropriating a deposit, giving false evidence regarding land (dispute), trading with merchandise of all descriptions, serving śūdras, begetting a son on a female of the śūdra caste and begetting a child (either male or female) from her²⁹. The upapātakas, acc. to Baud. Dh. S. (II. 1. 60–61), are: intercourse with females who must not be approached, cohabitation with the female friend of a female *guru* or with the female friend of a male *guru* or with an apapātra woman or with a female outcast, following the profession of medicine, officiating as a priest for a village, living by dramatic performances, following the profession of a teacher of dancing or singing or acting, tending cows and buffaloes³⁰ and similar (low occupations) and fornication. Among aśucīkara (causing impurity), Baud. Dh.