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p. 133


1. Killing a Kshatriya or Vaisya engaged in a sacrifice, or a woman in her courses, or a pregnant woman, or a woman (of the Brâhmana caste) who has bathed after temporary uncleanness[1], or an embryo

[5. 'Intercourse of marriage' means sexual connection with an outcasted man or woman, or giving a damsel in marriage to an outcasted man, 'Intercourse in sacrificing' means sacrificing for, or with, an outcast. 'Mouthly intercourse' means teaching, or being taught by, or studying together with, an outcast. The present rule holds good in cases of voluntary intercourse only; if the intercourse was involuntary, the loss of caste does not follow till after a year. Others assert that the immediate loss of caste is entailed by particularly intimate intercourse only. (Nand.)

XXXVI. 1. M. XI, 88; Y. III, 251; Âpast. I, 9, 24, 6, 8, 9.--2-7. M. XI, 57-59, 171, 172; Y. III, 228-233.--2. Gaut. XXI, 10.--5. Gaut. XXI, I.--7. Âpast. I, 7, 21, 9.

1. I The term âtreyî (atrigotrâ) has been translated here and in {footnote p. 134} other places in accordance with that interpretation which is sanctioned by the majority among the commentators of law works. Nand., on the other hand, gives the preference to the opinion of those who tender it by 'a woman descended from or married to a man of the race of Atri.']

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of unknown sex, or one come for protection, are crimes equal to the crime of killing a Brâhmana.

2. Giving false evidence and killing a friend: these two crimes are equal to the drinking of spirituous liquor.

3. Appropriating to one's self land belonging to a Brâhmana or a deposit (belonging to a Brâhmana and not consisting of gold) are crimes equal to a theft of gold (belonging to a Brâhmana).

4. Sexual connection with the wife of a paternal uncle, of a maternal grandfather, of a maternal uncle, of a father-in-law, or of the king, are crimes equal to sexual connection with a Guru's wife;

5. And so is sexual intercourse with the father's or mother's sister and with one's own sister;

6. And sexual connection with the wife of a learned Brâhmana, or a priest, or an Upâdhyâya, or a friend;

7. And with a sister's female friend (or with one's own female friend), with a woman of one's own race, with a woman belonging to the Brâhmana caste, with a (Brâhmana) maiden (who is not yet betrothed to a man), with a low-caste woman, with a woman in her courses, with a woman come for protection,

[2. 'The term etau, "these," is used in order to include the forgetting of Veda texts and other crimes, which are mentioned as equal to drinking spirituous liquor by Manu (XI, 57) and Yâgñavalkya (III, 229).' (Nand.)

5. 'The particle ka in this Sûtra refers to little girls, as ordained by Manu, XI, 59.' (Nand.)]

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with a female ascetic, and with a woman entrusted to one's own care.

8. Such minor offenders become pure, like mortal sinners, by a horse-sacrifice and by visiting Tîrthas.