History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c72.437

v5.c72.437

The 5th class of exceptions to aśauca rules comprises those that are declared by express texts as not liable to observe an aśauca. Gautama (14. 8-10) provides ⁶⁸⁷ that (the sapiṇḍas) of those that met death for the sake of cows and brāhmaṇas, of those that met death through the wrath of the king and those that were killed in battle have to observe no āśauca but only 'sadyaḥśauca'. Manu V. 95 and 98 state ⁶⁸⁸ that (the sapiṇḍas) of those that are killed in a sudden affray or by lightning or by the king (for an offence) or of those that met death in protecting cows and brāhmaṇas and of one who was killed in the fashion of kṣatriyas in a battle by the sword have to observe no āśauca, as also he whom the king desires (for his purpose) to observe no āśauca. It is provided by Śātātapa ⁶⁸⁹ that as regards a *yati* dying, his sons and other sapiṇḍas are not to offer water or piṇḍa to him or to observe āśauca for him. The Dharmasindhu (p. 449) says that this applies to all ascetics, whether they be *tridaṇḍin* or *ekadaṇḍin*, *haṁsas* or *paramahaṁsas*. So also on the death of a vānaprastha there is no āśauca. In the case of one who has performed his own śrāddha while alive his sapiṇḍas have an option either to observe āśauca or not. On the death of a brahmacārin āśauca is to be observed. The Dharmasindhu further notes that in all works it is stated that there is no āśauca ⁶⁹⁰ for one killed in battle, but at least among brāhmaṇas (i. e. as to brāhmaṇas killed in battle) the usage of the *śiṣṭas* is different (i. e. aśauca is observed).