१२ विषयकीर्तनम्

Having thus seen that virtue is got at from Right Behaviour, the sages regarded Right Behaviour as the very root of all Austerity.—(110)

यावत् किंचित् तपः प्राणायाममौनयमनियमकृच्छ्रचान्द्रायणानशनादि तस्य सर्वस्य फलप्रसवे मूलम् आचारः, अतस् तम् एव मुनयस् तपःफलार्थिनो मूलत्वेन कारणतया जगृहुः गृहीतवन्तः । आचाराद् दृष्ट्वा **धर्मस्य मुनयो गतिं **प्राप्तिम् । अतिक्लेशकरं तपस् तथाप्य्¹ आचारहीनस्य न फलतीति श्रुतिः ॥ १.११० ॥

‘Of all Austerity,—i.e. Breath-control, silence, observances, self-control, and the busts of ‘Kṛcchra, Chāndrā yaṇa, and also absolute Fasting’;—of all this ‘Austerity,’ Right Behaviour is ‘the root,’—the direct cause, leading to the growth of their fruit.—For the reason given, the sages regarded, accepted, it as being the root,—i.e. the cause,—of Austerity, performed by men desiring results.—‘Having seen that virtue is got at,’—acquired—‘from Right Behaviour.’—However difficult the Austerity performed, it is not fruitful for the man that is without Right Behaviour so says the Śruti.—(111).

110 The sages who saw that the sacred law is thus grounded on the rule of conduct, have taken good conduct to be the most excellent root of all austerity.

The coming into existence of the world,—the rule relating to the sacramental Rites,—the method of keeping observances,—as also the excellent rules bearing upon the Final Ablution.—(111).

उक्ता² धर्मा अत्र विशिष्यन्ते । श्रोतृप्रवृत्त्यर्थं चानन्तफलता धर्मस्योक्ता “एतदन्तास् तु” (म्ध् १.५०) इत्यादिना । तत्रातीन्द्रियो ऽयम् अनन्तो दुष्पार इति मन्वाना अवसीदेयुर् अत उत्साहजननार्थं शास्त्रार्थसंकलनात्मिकाम् अनुक्रमणीं पठति । एतावन्त्य् अत्र वस्तूनि, नातिबहूनि, शक्यन्ते श्रद्दधानैः पुरुषैर् ज्ञातुम् इति । संक्षेपोपदिष्टमार्ग आक्रम्यमाणो न दुःसहो भवतीति ।

• जगतश् च समुत्पत्तिम् इति कालपरिमाणं तत्त्वभावभेदो ब्राह्मणस्तुतिर् इत्यादि सर्वं जगदुत्पत्ताव् अन्तर्भूतम् । एतच् चार्थवादतयोक्तं न प्रमेयतया । संस्कारविधिं व्रतचर्योपचारं च । गर्भाधानादयः संस्काराः । तेषां विधिः कर्तव्यता । ब्रह्मचारिणो व्रतचर्याया उपचारो ऽनुष्ठानम् इतिकर्तव्यता वा । एतद् द्वितीयाध्यायप्रमेयार्थः । स्नानं गुरुकुलान् निवर्तमानस्य संस्कारविशेषः ॥ १.१११ ॥

The ‘Virtues’ expounded in the Treatise are here specified in detail. With a view to attract the attention of the hearers, it has been described in Verse 50, et. seq., that the results of ‘Virtue’ are endless. But it is passible that hearers might become discouraged by the idea that ‘Virtue’ is interminable, without end; hence with a view to encourage them, the Author is now providing a summary of the institute, in the shape of a list of contents:—the sense being—‘only so many are the subjects dealt with, not too many, and they can certainly be learnt by people who are endowed with due regard and amount of confidence the idea is that if the path traversed is one that has been described briefly, it is not unbearable.

‘The coming into existence of the world,’—i.e. the measure of time, the delineation of the characteristics of principles and things, the praise of the Brāhmaṇa, and so forth,—all these are included under the ‘coming into existence of the world’; this subject has been dealt with in the Treatise as a commendatory description, and not as something to be actually accepted as absolutely true.

‘The rates relating to sacramental rites,’ ‘the method of keeping observances.’ By ‘sacramental rites’ are meant those connected with ‘Impregnation’ and the rest; the ‘rules’ i.e., procedure—relating to these;—the keeping of ‘observances’—i.e., by the Initiated Student,—of these the ‘method,’ the actual performance, the procedure;—this sums up what has been proclaimed in Discourse II.—‘Final Ablution,’—i.e. the particular ceremony performed by one who is returning from the house of his Preceptor (after finishing his course of study).—(111)

111 The creation of the universe, the rule of the sacraments, the ordinances of studentship, and the respectful behaviour (towards Gurus), the most excellent rule of bathing (on return from the teacher’s house),

The taking of wife,—the definition of the several forms of Marriage,—the method of the Great Sacrifices,—the eternal regulations relating to the offering to Pitṛs. — (112)

दाराणाम् अधिगमनं भार्यासंग्रहः । विवाहानां ब्राह्मादीनां तत्प्राप्त्युपायानां च लक्षणं स्वरूपाधिगमने हेतुम् । महायज्ञाः पञ्च वैश्वदेवादयः । श्राद्धस्य पितृयज्ञस्य कल्पो विधिर् इतिकर्तव्यता । परग्रहणं शाशवतग्रहणं च वृत्तपूरणार्थम् । एष तृतीयाध्यायार्थः ॥ १.११२ ॥

‘Taking of wife,’—the accepting of a wife in marriage;—‘the definition’—i.e., the means of distinguishing the exact character—‘of marriages,’—such as the ‘Brahma’ and the rest, which form the means by which the wife is taken.—‘The great sacrifices’—the five offerings of the ‘Vaiśvadeva’ and the rest.—‘The regulations,’ rules, method, relating to śrāddhas, ‘offering to the Pitṛs.’

The terms ‘para,’ ‘excellent’ (in verse 111), and ‘eternal’ (in 112) only serve to fill in the metre.

All this forms the subject-matter of discourse III.—(112)

112 (The law of) marriage and the description of the (various) marriage-rites, the regulations for the great sacrifices and the eternal rule of the funeral sacrifices,

The description of the means of livelihood,—the observances of the initiated Householder,—lawful and forbidden food,—Purification,—the cleansing of things.—(113)

(अग्रे व्याख्यातम्।)

(अग्रे व्याख्यातम्।)

113 The description of the modes of (gaining) subsistence and the duties of a Snataka, (the rules regarding) lawful and forbidden food, the purification of men and of things,

The conditions of Women,—the Duties of the Recluse,—Final Release,—Renunciation,—the entire duty of the King,—and the decision of law-suits.—(114)

(अग्रे व्याख्यातम्।)

(अग्रे व्याख्यातम्।)

114 The laws concerning women, (the law) of hermits, (the manner of gaining) final emancipation and (of) renouncing the world, the whole duty of a king and the manner of deciding lawsuits,

The Rules regarding the examination of witnesses,—the Duties of Husband and wife,—Law relating to the Division of Property,—Gambling,—the exterminating of bad characters.—(115)

(अग्रे व्याख्यातम्।)

(अग्रे व्याख्यातम्।)

115 The rules for the examination of witnesses, the laws concerning husband and wife, the law of (inheritance and) division, (the law concerning) gambling and the removal of (men nocuous like) thorns,

The duty of the Vaiśya and the Śūdra,—the birth of the mixed castes—the duties of all castes during times of distress—the method of expiation.—(116)

वृत्तीनां जीवनोपायानां धर्नार्जनात्मकानां भृत्यादीनां लक्षणम् । स्नातकस्य समाप्तवेदाध्ययनस्य गुरुकुलान् निवृत्तस्य व्रतानि “नेक्षेतोद्यन्तम् आदित्यम्” (म्ध् ४.३७) इत्यादीनि । एष चतुथार्थः ।

• भक्ष्याभ्क्ष्यं “पञ्च पञ्चनखा भक्ष्याः” “अभक्ष्यं पलाण्ड्वादि” । शौचं कालकृतं जन्मादाव् उदकादिना च द्रव्यशुद्धिः । स्त्रीधर्मयोगः संबन्धो बालयुवेत्यादि । एतत् पाञ्चमिकम् ।

• तापसाय हितं तापस्यं । तपःप्रधानस् तापसो वानप्रस्थस् तस्य धर्मस् तापस्यम् । मोक्षः परिव्राजकधर्मः । संन्यासश् च तद्विशेष एव । स च तत्रैव दर्शयिष्यते । षष्ठाध्यायस् त्व् एतत् ।

• राज्ञः पृथिवीपालनाधिकृतस्य प्राप्तैश्वर्यस्य धर्मो ऽखिलो दृष्टार्थो ऽदृष्टार्थश् च । एष सप्तमाध्यायगोचरः ।

• कार्याणाम् ऋणादीनां विनिर्णयो विचार्य संशयच्छेदेनावधारणम् अनुष्ठेयनिश्चयः । साक्षिणां च प्रश्ने यो विधिः । प्राधान्यात् पृथङ्निर्देशः । आष्टमिको ऽयम् अर्थः ।

• धर्मः स्त्रीपुंसयोर् इत्य् एकदेशे स्थितयोः प्रवासवियुकयोश् च परस्परं वृत्तिः । रिक्थविभागधर्मः । द्यूतम् । तद्विषयो विधिः द्यूतशब्देनोक्तः । कण्टकादीनां चोराटविकादीनां शोधनं राष्ट्रान् निरसनोपायः । यद्य् अपि विभागादिर् अष्टादशपदान्तर्गतत्वात् कार्याणां चेत्य् अनेनैवोपादानाद् ऋणादानादिवन् न पृथङ् निर्देश्यः³ । अध्यायभेदात् तु पृथङ् निर्देशः । वैश्यशूद्रयोर् उपचारः स्वधर्मानुष्ठानम् । एतन् नवमे ।

• संकीर्णानां क्षत्तृवैदेहकादीनां⁴ संभवम् उत्पत्तिम् । आपद्धर्मं च स्ववृत्त्याजीवतां प्राणात्यये यो धर्मः । एतद् दशमे ।

• प्रायश्चित्तविधिर् एकादशे ॥ १.११३–६ ॥

The ‘description of the means of livelihood,’—i.e., of the means of subsistence, in the form of acquiring wealth and the like.—‘Of the Initiated Householder,’—i.e., of one who has finished his Vedic study and has returned home from his teacher’s house; ‘the observances,’ such as ‘he should not look at the rising sun’ and so forth. All this forms the subject-matter of Discourse IV.

‘Lawful and forbidden food,’—‘five five-nailed animals are permitted food,’ and ‘forbidden food’—such as onion, etc.—‘Purification,’—by lapse of time, as in the case of childbirth—‘cleansing of things,’ with water.—‘The condition of women’—such as childhood, youth and so forth. All this is dealt with in Discourse V.

‘Duties of the Recluse’—the Recluse is one whose chief work consists in the performing of austerity,—i.e., the ‘Vānaprastha,’ the Hermit; and the duty of these is called ‘Tapasyā.’—‘Final Release,’—i.e., the duty of the Wandering Mendicant.—‘Renunciation,’ is a particular form of the said ‘duty’ (of the Mendicant); how this is so will be explained in the chapter referred to. All this forms the subject matter of Discourse VI.

‘The entire duty,’—those leading to visible (physical) as well as invisible (super-physical) results,—‘of the king,’—i.e., of the man whose business it is to protect the Earth, and who has obtained sovereignty. This forms the subject-matter of Discourse VII.

‘Of law-suits,’—such as the non-payment of debts, etc.;—‘decision,’—i.e., dispelling all doubts, ascertaining the facts and deciding upon the course of action to be adopted.—‘The method of examination of witnesses,’—this has been mentioned separately (though already included in the foregoing), because of its great importance. This is the subject-matter of Discourse VIII.

‘Duties of husband and wife,’—i.e., behaviour towards each other, when living together, and also when living apart.—‘Laws relating to division’—i.e., of Property. ‘Gambling’—i.e., Laws relating to gambling are here spoken of as ‘gambling’—‘The extermination of,’—means of banishing,—‘bad characters’—such as thieves, robbers and the like. Though in reality the ‘Division of Property,’ forming one of the eighteen ‘matters of dispute,’ is included under ‘law-suits’ and as such, standing on the same footing as the ‘nonpayment of debts,’ need not have been mentioned separately, yet it has been mentioned separately because it forms the subject-matter of a distinct Discourse. The duties of the Vaiśya and the Śūdra,’—i.e., the performance of their respective duties. All this is dealt with in Discourse IX.

‘The birth’ coming into existence, ‘of the mixed Castes,’—i.e., of the ‘Kṣattṛ,’ the ‘Vaideha,’ etc., etc.—‘Duties during times of distress,’—i.e„ when failing to carry on livelihood by the means prescribed for them, they are reduced to the point of death; and then there are certain duties that devolve upon the various castes.—This is dealt with in Discourse X.

‘The method of expiation,’—is dealt with in Discourse XI.—(113-116)

116 (The law concerning) the behaviour of Vaisyas and Sudras, the origin of the mixed castes, the law for all castes in times of distress and the law of penances,

The threefold transmigration of the Soul, arising from actions,—the highest good,—and the examination of the good and bad features of actions.—(117)

संसारगमनं । धर्मेण धर्मी लक्ष्यते । संसारी पुरुष आत्मा, तस्य गमनं देहाद् देहान्तरप्राप्तिः । अथ वा संसारविषयाः पृथिव्यादयो लोका उच्यन्ते । तत्र गमनं पूर्ववत् । त्रिविधम् उत्तमाधममध्यमं कर्मसंभवं शुभाशुभकर्मनिमित्तम् । निःश्रेयसं न केवलं कर्मनिमित्ता गतय उक्ताः । यावद् यतः परम् अन्यच् छ्रेयो नास्ति तदुपायो ऽप्य् अध्यात्मज्ञानम् उक्तम् । कर्मणां च विहितप्रतिषिद्धानां गुणदोषप्रीक्षा ॥ १.११७ ॥

‘Saṃsāragamana,’—the property, ‘saṃsāra,’ ‘series of births and deaths,’ stands here for the possessor of the property, i.e., the personality or Soul, undergoing births and deaths;—the ‘gamana’ of that is its migration from one body to another.—Or, ‘**saṃsāra’ may be taken as standing for the objects of the world, i.e., the three Regions of the Earth, etc.;—the ‘gamana’ is being born in those regions, as described before.—‘Threefold,’ high, low and middling.—‘Arising from actions’—brought about by good and bad deeds.

‘Highest good’—the work describes not only the conditions brought about by deeds, but also that higher than which there is nothing,—i.e., spiritual knowledge,—the means of attaining that also has been described.

‘Of actions’—i.e.. those that are enjoined and those that are prohibited,—‘the examination of the good and bad features.’—(117)

See 12. 51 et seq.

117 The threefold course of transmigrations, the result of (good or bad) actions, (the manner of attaining) supreme bliss and the examination of the good and bad qualities of actions,

The eternal laws op countries, duties op castes and laws of dynasties,—also the laws relating to heretics and to guilds,—all this manu has expounded in these Institutes.—(118)

तद् एव साकल्याभिधानं द्रढयति । प्रतिनियते देशे ऽनुष्ठीयमाना न सर्वस्यां पृथिव्यां ते दशधर्माः । ब्राह्मणादिजात्याश्रया जातिधर्माः । कुलधर्माः प्रख्यातवंशप्रवर्तिता इति । पाषण्डं⁵ प्रतिषिद्धव्रतचर्या बाह्यस्मृतिसमाश्रयास्⁶ तत्र ये धर्माः । “पाषण्डिनो⁷ विकर्मस्थान्” (म्ध् ४.३०) इति⁸ । गणः संघातो वणिक्कारुकुशीलवादीनाम् । तान् सर्वधर्मान् भगवान् मनुर् अस्मिञ् छास्त्रे उक्तवान् ॥ १.११८ ॥

The present verse further confirms the complete character of the Treatise. ‘Laws of countries’—those that are observed in particular countries, and not over the whole earth;—‘Duties of castes’—those pertaining specifically to the Brāhmaṇa and other castes.—‘Laws of dynasties’—those promulgated by famous dynasties;—‘Heresy’ consists in the keeping of such observances as are prohibited; and ‘laws of heretics’ are those laws that are based upon heterodox treatises; the ‘heretics’ being described (in 430) as ‘persons addicted to improper deeds.’—‘Guilds,’ companies; of traders, artisans, actors and so forth.

All these laws and duties the revered ‘Manu has expounded in these Institutes’—(118)

‘Deśadharma’—is local custom, e.g. the ‘Holāka’ or Holi festival, which is peculiar to ‘North India’; and there also it is observed in different ways in different parts of the country.

Burnell—‘It is worth while to compare the twelfth lecture with the first, on which it throws considerable light.’

This has been improved upon by Hopkins who, with a transcendent insight peculiar to a certain well-known sect of orientalists, opines the ‘whole character’ of the first lecture ‘as that of a later prefix to the work.’ It is really a treat to see how far people are carried away by their eagerness to say something ‘new.’

One fails to see the logic of the argument that, because the first lecture contains much more mingling of philosophical views, therefore it must be a later prefix. It would indeed be more logical to expect the ‘later prefix’ to be more accurate and lucid than what has preceded it! In fact the whole trouble regarding the first Discourse has arisen from the efforts made by commentators—Sanskrit and English—to read in the verses a systematic account of one or the other of the two well-known systems of the ‘Sāṅkhya’ and the ‘Vedānta’. Hopkins himself finds it ‘difficult to bring such verses as 53 ff. into harmony with the Sāṅkhya doctrine.’ But has Manu himself anywhere told him that he was expounding things in accordance with the ‘Sāṅkhya doctrine’? It does not appear to be fair to impose a doctrine upon the writer and then to take him to task for not being in harmony with that doctrine.

118 The primeval laws of countries, of castes (gati), of families, and the rules concerning heretics and companies (of traders and the like)- (all that) Manu has declared in these Institutes.

You also learn from me to-day, these teachings,—just as they were, in the past promulgated by Manu, on being questioned by me.—(119)

अवधानार्थः प्रतिबोधः ॥ १.११९ ॥

**इति मानवे धर्मशास्त्रे भृगुप्रोक्तायां संहितायां **

प्रथमो ऽध्यायः

**इति श्रीभट्टमेधातिथिविरचिते मनुभाष्ये **

प्रथमो ऽध्यायः

This address to the sages is for the purpose of attracting their attention.—(119)

Thus in the Institutes of Law promulgated by Manu, in the compilation expounded by Bhṛgu, the first Discourse.

Also

In the Bhāṣya by Bhatta Medhātithi.

119 As Manu, in reply to my questions, formerly promulgated these Institutes, even so learn ye also the (whole work) from me.