Vol. 3 · pages 291–295

278 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES First as to monopolies: I. 88. To Brahmanas he assigned teaching and studying (the Veda) sacrificing for their own benefit and for others, giving and accepting (of alms). X. 1. Let the three twice-born castes (Varna), discharging their (prescribed) duties, study (the Veda); but among them the Brahmana (alone) shall teach it, not the other two; that is an established rule. X. 2. The Brahmana must know the means of subsistence (prescribed) by law for all, instruct others, and himself live according to (the law). X. 3. On account of his pre-eminence, on account of the superiority of his origin, on account of his observance of (particular) restrictive rules, and on account of his particular sanctification, the Brahmana is the lord of (all) castes (varna). X. 74. Brahmanas who are intent on the means (of gaining union with) Brahman and firm in (discharging) their duties, shall live by duly performing the following six acts, (which are enumerated) in their (proper) order. X. 75. Teaching, studying, sacrificing for himself, sacrificing for others, making gifts and receiving them are the six acts (prescribed) for a Brahamana. X. 76. But among the six acts (ordained) for him three are his means of subsistence, (viz.) sacrificing for others, teaching, and accepting gifts from pure mdn. X. 77. (Passing) from the Brahmana to the Kshatriya, three acts (incumbent) (on the former) are forbidden, (viz.) teaching, sacrificing for others, and, thirdly, the acceptance of gifts. X. 78. The same are likewise forbidden to a Vaisya, that is a settled rule; for Manu, the lord of creatures (Prajapati), has not prescribed them for (men of) those two (castes). X. 79. To carry arms for striking and for throwing (is prescribed) for Kshatriyas as a means of subsistence; to trade, (to rear) cattle, and agriculture for Vaisyas; but their duties are liberality, the study of the Veda, and the performance of sacrifices. Here are three things which Manu made the monopoly of the Brahmin: teaching Vedas, performing Sacrifices and receiving gifts. The following are the immunities that were granted to the Brahmins. They fall into two classes; freedom from taxation and exemption from certain forms of punishment for crimes. VII. 133. Though dying (with want), a king must not levy a tax on Srotriyas, and no Srotriya residing in his kingdom, must perish from hunger.

279 THE TRIUMPH OF BRAHMANISM VIII. 122. They declare that the wise have prescribed these fines for perjury, in order to prevent a failure of justice, and in order to restrain injustice. VIII. 123. But a just king shall fine and banish (men of) the three (lower) castes (varna) who have given false evidence, but a Brahmana he shall (only) banish. VIII. 124. Manu, the son of the Self-existent (Svayambhu), has named ten places on which punishment may be (made to fall) in the cases of the three (lower) castes (varna); but a Brahmana shall depart unhurt (from the country). VIII. 379. Tonsure (of the head) is ordained for a Brahmana (instead of) capital punishment; but (men of) other castes shall suffer capital punishment. VIII. 380. Let him never slay a Brahmana, though he have committed all (possible) crimes; let him banish such an (offender), leaving all his property (to him) and (his body) unhurt. Thus Manu places the Brahmin above the ordinary penal law for felony. He is to be allowed to leave the country withdraw a wound on him and with all property in proved offences of capital punishment. He is not to suffer forfeiture of fine nor capital punishment. He suffered only banishment which in the words of Hobbes was only a “Change of air” after having committed the most heinous crimes. Manu gave him also certain privileges. A Judge must be a Brahmin. VIII. 9. But if the king does not personally investigate the suits, then let him appoint a learned Brahmana to try them. VIII. 10. That (man) shall enter that most excellent court, accompanied by three assessors, and fully consider (all) causes (brought) before the (king), either sitting down or standing. The other privileges were financial. VIII. 37. When a learned Brahmana has found treasure. deposited in former (times), he may take even the whole (of it); for he is master of everything. VIII. 38. When the king finds treasure of old concealed in the ground, let him give one half to Brahmanas and place the (other)half in his treasury. IX. 323. But (a king who feels his end drawing nigh) shall bestow all his wealth, accumulated from fines, on Brahmanas, make over his kingdom to his son, and then seek death in battle. IX. 187. Always to that (relative within three degrees) who is nearest to the (deceased) Sapinda the estate shall belong; afterwards a Sakulya shall be (the heir, then) the spiritual teacher or the pupil.

280 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES IX. 188. But on failure of all (heirs) Brahmanas (shall) share the estate, (who are) versed in the three Vedas, pure and self-controlled ; thus the law is not violated. IX. 189. The property of a Brahmana must never be taken by the King, that is a settled rule; but (the property of men) of other castes the king may take on failure of all (heirs). These are some of the advantages, immunities and privileges which Manu conferred upon the Brahmins. This was a token of a Brahmin having become a king. Supporters of Brahmanism—so strong is the belief in the excellence of Brahmanism that there are no appologists for it as yet—never fail to point to the disabilities which Manu has imposed upon the Brahmins. Their object in doing so is to show that the ideal placed by Manu before the Brahmin is poverty and service. That Manu has placed certain disabilities upon the Brahmins is a fact. But to conclude from it that Manu’s ideal for a Brahmin is poverty and service is a gross and deliberate concoction for which there is no foundation in Manu. To understand the real purpose which Manu had in imposing these disabilities, two things must be borne in mind. Firstly the place Manu has assigned to the Brahmins in the general scheme of society and secondly the nature of the disabilities. The place assigned by Manu to the Brahmins is enunciated by him in unequivocal terms. The matter being important I must quote again the Verses already quoted. I. 93. As the Brahmana sprang from (Brahman’s) mouth, as he was the first born, and as he possesses the Veda, he is by right the lord of this whole creation. Consider the nature of the disabilities. IV. 2. A Brahamana must seek a means of subsistence which either causes no, or at least little pain (to others), and live (by that) except in times of distress. IV. 3. For the purpose of gaining bare subsistence, let him accumulate property by (following those) irreproachable occupations (which are prescribed for) his (caste), without (unduly) fatiguing his body. VIII. 337. In (a case of) theft the guilt of a Sudra shall be eightfold, that of a Vaishya sixteenfold, that of a Kshatriya two-and-thirty fold. VIII. 338. That of a Brahamana sixty-four-fold, or quite a hundred-fold or (even) twice four-and-sixty-fold; (each of them) knowing the nature of the offence. VIII. 383. A Brahamana shall be compelled to pay a fine of one thousand (panas) if he has intercourse with guarded (females of)

281 THE TRIUMPH OF BRAHMANISM those two (castes); for (offending with) a (guarded) Sudra female a fine of one thousand (panas) (shall be inflicted) on a Kshatriya or a Vaishya. VIII. 384. For (intercourse with) an unguarded Kshatriya a fine of five hundred (panas shall fall) on a Vaisya; but (for the same offence) a Kshatriya shall be shaved with the urine (of a donkey) or (pay) the same fine. VIII. 385. A Brahamana who approaches unguarded females (of the) Kshatriya or Vaisya (castes), or a Sudra female, shall be fined five hundred (panas); but (for intercourse with) a female (of the) lowest (castes), one thousand. Examining these disabilities against the background furnished by the place assigned to him by Manu, it is obvious that the object of these disabilities was not to make the Brahmin suffer. On the other hand it becomes clear that the object of Manu was to save the Brahmin from falling from the high pennacle on which he had placed him and incurring the disgrace of the non-Brahmins. That the object of Manu was not to subject the Brahmins to poverty and destitute is clear from other provisions from Manu-Smriti. In this connection reference should be made to the rule contained in the Manu Smriti regarding the course of conduct a Brahmin should pursue when he is in distres. X. 80. Among the several occupations the most commendable are, teaching the Veda for a Brahmana, protecting (the people) for a Kshatriya, and trade for a Vaisya. X. 81. But a Brahmana, unable to subsist by his peculiar occupations just mentioned, may live according to the law applicable to Kshatriyas; for the latter is next to him in rank. X. 82. If it be asked, ‘How shall it be, if he cannot maintain himself by either (of these occupations?’ the answer is), he may adopt a Vaisya’s mode of life, employing himself in agriculture and rearing cattle. X. 83. But a Brahamana, or a Kshatriya, living by a Vaisya’s mode of subsistence, shall carefully avoid (the pursuit of) agriculture, (which causes) injury to many beings and depends on others. X. 84. (Some) declare that agriculture is something excellent, (but) that means of subsistence is blamed by the virtuous; (for) the wooden (implement) with iron point injures the earth and (the beings) living in the earth. X. 85. But he who, through a want of means of subsistence, gives up the strictness with respect to his duties, may sell, in order to

282 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES increase his wealth, the commodities sold by Vaisyas, making (however) the (following) exceptions. It will be seen that the disabilities imposed upon a Brahmin last as long as he is prospering by the occupations which belong to him as of right. As soon as he is in distress and his disabilities vanish and he is free to do anything that he likes to do in addition to the occupations reserved to him and without ceasing to be a Brahmin. Further whether he is in distress or not is a matter which is left to the Brahmin to be decided in his own discretion. There is therefore no bar to prevent even a prosperous Brahmin to supplement his earnings by following any of the professions open to him in distress by satisfying his conscience. There are other provisions in Manu Smriti intended to materially benefit the Brahmanas. They are Dakshina and Dana, Dakshina is the fee which the Brahmin is entitled to charge when he is called to perform a religious ceremony. Brahmanism is full of rites and ceremonies. It is not very difficult to imagine how great must this source of income be to every Brahmin. There was no chance of a priest being cheated of his fees. The religious sense attached to Dakshina was a sufficient sanction for regular payment. But Manu wanted to give the Brahmins the right to recover his fees. XI. 38. A Brahamana who, though wealthy, does not give, as fee for the performance of an Agnyadheya, a horse sacred to Prajapati, becomes (equal to one) who has not kindled the sacred fires. XI. 39. Let him who has faith and controls his senses, perform other meritorious acts, but let him on no acount offer sacrifices at which he gives smaller fees (than those prescribed). XI. 40. The organs (of sense and action), honour, (bliss in) heaven, longevity, fame, offspring, and cattle are destroyed by a sacrifice at which (too) small sacrificial fees are given; hence a man of small means should not offer a (Srauta) sacrifice. He even goes to the length of excusing a Brahmin by declaring that anything done by him to recover his fees shall not be an offence under the law. VIII. 349. In their own defence, in a strife for the fees of officiating priests and in order to protect women and Brahmanas; he who (under such circumstances kills in the cause of right, commits no sin. But it is the provision of Dana which makes a fruitful source of income to the Brahmins. Manu exhorts the King to make Dana to Brahmins.