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T, 9, 24.
2. (He shall give) a hundred cows for a Vaisya, 3. Ten for a Sûdra,
PENANCE.
79
4. And in every one (of these cases) one bull (must be given) in excess (of the number of cows) for the sake of expiation.
5. And if women of the (three castes mentioned have been slain) the same (composition must be paid).
6. He who has slain a man belonging to the two (first-mentioned castes) who has studied the Veda, or had been initiated for the performance of a Somasacrifice, becomes an Abhisasta.
7. And (he is called an Abhisasta) who has slain a man belonging merely to the Brahmana caste (though he has not studied the Veda or been initiated for a Soma-sacrifice),
slain by anybody, becomes, in dying, an enemy of his slayer (and thinks), "O that I might slay him in another life," for the removal of this enmity!'-Haradatta. I am strongly inclined to agree with the other commentator, and to translate vairayâtanârtham, in order to remove the enmity.' I recognise in this fine a remnant of the law permitting compositions for murder which was in force in ancient Greece and among the Teutonic nations. With the explanation adopted by Haradatta, it is impossible to find a reasonable interpretation for prâyaskittârthah, Sûtra 4. Haradatta, seduced by the parallel passage of Manu, takes it to be identical with vairayâtanârtham. I propose to translate our Sutra thus: He who has killed a Kshatriya shall give a thousand cows (to the relations of the murdered man) in order to remove the enmity.' According to Baudhâyana I, 10. 19. 1 (compare Zeitschr. d. D. Morg. Ges., vol. 41, pp. 672-76; Festgruss an Roth, pp. 44-52), the cows are to be given to the king.
2. Manu XI, 130; Yâgñ. III, 267.
3. Manu XI, 131; Yâgñ. III, 267.
6. Manu XI, 87. Abhisasta means literally 'accused, accursed,' and corresponds in Âpastamba's terminology to the mahâpâtakin of Manu and Yâgñavalkya, instead of which latter word Manu uses it occasionally, e.g. II, 185.
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