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The Minor Law Books (SBE33), by Julius Jolly, [1889], at

4. Means of Livelihood for a Brahman in Times of Distress.

56. 56 In times of distress, a Brahman is allowed to gain his substance in the mode prescribed for the caste next to him in rank; or he may gain his substance like a Vaisya. But he must never resort to

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the mode of livelihood prescribed for a member of the lowest caste.

57. 57 At no time must a Brahman follow the occupations of a man of vile caste, or a vile man the occupations of a Brahman. In either case, expulsion from caste would be the immediate consequence.

* 58. 58 For neither of them are such occupations permitted as are either far above or far below their own rank. Those two occupations are lawful for them which lie between these two extremes; for they are common to all (castes).

59. 59 When a Brahman has lived through the times of distress, with the wealth acquired by following the occupations of a Kshatriya, he must perform a penance and relinquish the occupations of a Kshatriya.

60. 60 When, however, a Brahman takes delight in those occupations and persists in them, he is declared a Kândaprishtha (professional soldier) and must be expelled from society, because he has swerved from the path of duty.

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61. 61 When a Brahman is living by the occupations of a Vaisya, he must never sell milk, sour milk, clarified butter, honey, beeswax, lac, pungent condiments, liquids used for flavouring, spirituous liquor,

62. 62 Meat, boiled rice, sesamum, linen, the juice of the Soma plant, flowers, fruit, precious stones, men, poison, weapons, water, salt, cakes, plants,

63. 63 Garments, silk, skins, bone, blankets made of the hair of the mountain-goat, animals whose foot is not cloven, earthen pots, buttermilk, hair, dregs, vegetables, fresh ginger, and herbs.

64. 64 A Brahman may sell dry wood and (dry) grass, excepting fragrant substances, Erakâ grass, ratan, mulberry, roots, and Kusa grass.

65. (He may sell) twigs of bamboo that have fallen spontaneously, of fruits, the fruits of the jujube tree,

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and of the Iṅguda plant, ropes, and thread of cotton, if its shape has not been altered (by working it up).

66. If it is for a medicament used to cure a disease, or for an offering, or if necessity can be shown, he may sell sesamum for a corresponding quantity of grain.

67. A Brahman who swerves from the path of duty by selling prohibited articles, must be reminded of his duty by the king by inflicting a severe chastisement on him.


55:56 'The class next to him in rank,' i.e. the Kshatriya or warrior caste. If he should find himself unable to support his family by the mode of livelihood of his own caste, he may gain his substance like a Kshatriya. At the time of a drought or famine, he may gain his substance like a Vaisya even. 'The lowest caste,' i.e. the Sûdra caste. A. Manu X, 81, 82; Vishnu II, 15; Yâgñavalkya III, 35; Gautama VII, 6, 7; Baudhâyana II, 4, 16, &c.

56:57 By the term 'a vile man,' a member of the Sûdra caste is referred to. The occupations of such a man, i.e. the acceptance of food from everybody and the sale of all sorts of commodities, must never be resorted to by a Brahman, even in times of distress. And so must a Sûdra avoid the occupation of a Brahman, such as wearing the sacred thread, study of the Vedas, pronouncing sacred benedictions, offering burnt-oblations, and the rest. A.

56:58 'Such occupations as are either far above or far below their own rank,' i.e. the occupations of a Brahman and of a Sûdra respectively. 'Those two occupations,' i.e. those peculiar to the Kshatriya and Vaisya. A. hitvâ seems a faulty reading (for hite).

56:59gñavalkya III, 35.

56:60 'Ejected from society,' i.e. he must not be admitted to obsequial repasts and other religious ceremonies. A.

57:61 61-66. Manu X, 85-90; Yâgñavalkya III, 36-39; Gautama VII, 8-22; Vasishtha II, 24-31; Âpastamba I, 7, 20, 11 foll.

61. 'Pungent condiments,' such as sugar. 'Liquids,' such as clarified butter and oil. A.

57:62 A. explains the term Soma, 'the juice of the Soma plant,' which is offered to the gods at a sacrifice, as denoting sacrificial implements generally; 'men,' i.e. servants; 'plants,' i.e. shrubs, creeping plants, and others. A.

57:63 'Blankets,' i.e. what is made of wool. 'Animals whose foot is not cloven,' i.e. whole-hoofed animals, such as horses. 'Dregs,' i.e. the deposit of oil. 'Vegetables,' i.e. fresh pot-herbs. A.

57:64 'Fragrant substances,' such as the fragrant root of the plant Andropogon Muricatus, Bâlaka, the root of the Musta grass, and others. A. If the reading of a single MS. be followed, the sale of the articles enumerated in pars. 64 and 65 is also prohibited for a Brahman. Several of these articles are included among those substances the sale of which is prohibited by other. legislators. See Manu X, 86-89; Yâgñavalkya III, 36-39. However, the reading translated above is distinctly supported by the Commentary of Asahâya, and by the analogous rules of Vasishtha.

Next: 5. Modes of Proof