{"collection":"Hinduism","html_url":"https://unchartedknowledge.5gfusion.net/browse/hin/sbe14/sbe1452.htm","path":"hin/sbe14/sbe1452.htm","source_url":"https://sacred-texts.com/hin/sbe14/sbe1452.htm","text":"1. For slaying a Kshatriya (the offender) shall 1\ngive to the king one thousand cows and besides a bull in expiation of his sin,\n2. For (slaying) a Vaisya one hundred cows, for (slaying) a S\u00fbdra ten; and a bull (must be) added (in each case). 2\n3. (The punishment for) the murder of a woman--excepting a (Br\u00e2hman\u00ee) who had bathed after temporary uncleanness--and for the destruction of a cow have been explained by the (rule regarding the) murder of a S\u00fbdra. 3\n4. If he has slain a milch-cow or a draught-ox, he shall perform a K\u00e2ndr\u00e2yana (lunar penance) after (paying the prescribed fine).\n5. The (punishment for the) murder of a (Br\u00e2hman\u00ee) who had bathed after temporary uncleanness has been explained by (the rule regarding) the murder of a Kshatriya. 5\n6. For killing a flamingo, a Bh\u00e2sa, a peacock, a Br\u00e2hman\u00ee duck, a Prakal\u00e2ka, a crow, an owl, a frog, a musk-rat, a dog, (the large ichneumon called) Babhru, a common ichneumon, and so forth, (the offender shall pay) the same (fine) as (for the murder of) a S\u00fbdra. 6\n7. In order to gain the good opinion of men, a witness shall give evidence in accordance with what he has seen or heard. 7\n8. Of injustice (in decisions) one quarter falls on the party in the cause, one quarter on his witnesses, one quarter on all the judges, and one quarter on the king. 8\nBut where he who deserves condemnation is condemned, the king is guiltless and the judges free from blame; the guilt falls on the offender (alone).\n9. (Therefore) a wise man should ask an appointed witness in the following manner: 9\n10. 'The merit which thou hast acquired in the interval between the night in which thou wast born and that in which thou wilt die, all that will go to the king, if thou speakest an untruth.' 10\n11. 'A witness who speaks falsely, slays three fathers and three grandfathers and seven (descendants), both the born and the unborn.' 11\n12. 'By false testimony concerning gold he kills three ancestors; by false testimony regarding (small) cattle he kills five; by false testimony concerning kine he kills ten.' 12\n'He kills a hundred by false evidence regarding horses, (and) a thousand by false evidence concerning a man. A witness Who speaks falsely, destroys the whole (world) by false evidence concerning land.'\n13. (Men of) the four castes (varna) who have sons may be witnesses excepting Srotriyas, the king, ascetics, and those who are destitute of human (intellect). 13\n14. If (the witness rightly) recollects (the facts of) the case (he will receive) commendation from the most eminent men. 14\n15. In the contrary case (he will) fall into hell. 15\n16. Let him (who has given false evidence), drink hot milk during twelve (days and) nights or offer burnt oblations (reciting) the K\u00fbshm\u00e2nda (texts). 16\n201:1 19. \u00c2pastamba I, 9, 24, I. Govinda explains vairaniry\u00e2tan\u00e2rtham p. 201 in two ways: 1. in expiation of his sin; 2. in order to remove the enmity of the relatives of the murdered man. He adds all these punishments are really penances (pr\u00e2yaskittas) to be imposed by the king. \u00c2pastamba has these S\u00fbtras in the section on penances.\n202:2 \u00c2pastamba I, 9, 24, 2-4.\n202:3 \u00c2pastamba I, 9, 24, 5; I, 9, 26, I.\n202:5 Vasishtha XX, 34, 37.\n202:6 \u00c2pastamba I, 9, 25, 13.\n202:7 Vishnu VIII, 13-14.\n203:8 Manu VIII, 18-19.\n203:9 I read, with the Telugu copy of the commentary, s\u00e2kshinam tvevam uddishtam. All the MSS. of the text and C. I. read s\u00e2kshinam daivam uddishtam. Govinda's explanation, adhun\u00e2 nirdisht\u00e2n s\u00e2kshina evam prikkhed iti pad\u00e2nvayah, 'the construction of the words is, \"let him now ask the appointed witnesses in the following manner,\" agrees with the reading adopted.\n203:10 Vasishtha XVI, 32-53.\n203:11 'Three fathers and three grandfathers,' i.e. seven ancestors.\n203:12 Vasishtha XVI, 34. Regarding the explanation of the p. 204 words 'he kills,' see Manu VIII, 97, and Haradatta on Gautama XIII, 14.\n204:13 Vasishtha XVI, 28-30. The text has r\u00e2ganya, 'members of the royal family.' But the parallel passages of other Dharma-s\u00fbtras, eg. Vishnu VIII, 2, make it probable that the king is meant.\n204:14 \u00c2pastamba II, 11, 29, 10. Govinda takes the S\u00fbtra differently. His commentary runs as follows: s\u00e2kshidvaye sati r\u00e2g\u00f1\u00e2, tatpurushais ka kim kartavyam ity ata \u00e2ha || srimritau pradh\u00e2natah pratipattih || pr\u00e2dh\u00e2nyatas taponirdishtavidy\u00e2dibhih | tadvakan\u00e2t pratipattir niskayah k\u00e2rya ityadhy\u00e2h\u00e2rah k\u00e2ryah || 'What shall the king and his officers do, if there are two witnesses? In order to answer this question he says: \"On recollection, according to pre-eminence, reliance.\" According to pre-eminence, i.e. on account of austerities, (being) appointed (as a witness), learning and the like; in accordance with the evidence of such person's conviction. i.e. the decision must be made. The latter word has to be understood.' Govinda then goes on to quote Manu VIII, 73.\n204:15 \u00c2pastamba II, It, 29, 9. Govinda and M. read kartripatyam for kartapatyam, the reading of the Dekhan and Gugar\u00e2t MSS. The explanation of the former term is said to be doshah, 'sin.' Regarding the ancient word kartapatya, which Govinda and the writer of M. have not understood, see Haradatta on \u00c2pastamba I, 2, 5, 3.\n204:16 In accordance with his explanation of S\u00fbtra 14, Govinda thinks that this penance is to be performed by the king and the judges in case they fail to weigh the evidence properly. But p. 205 according to Manu VIII, 106, Vishnu VIII, 16, the oblations with the K\u00fbshm\u00e2ndas (Taitt. \u00c2r. X, 3-5) are to be offered for uttering in evidence a venial falsehood. That is, no doubt, here, too, the real meaning.","title":"SBE 14: Baudh\u00e2yana: Prasna I, Adhy\u00e2ya 10, Kandik\u00e2 19","type":"page"}