Vol. 7 · pages 66–70

THE SHUDRAS : THE BRAHMANIC .... STATUS OF THE SHUDRAS 47 For not by years, nor by grey hair, not by wealth, nor kindred (is superiority); the seers made the rule—Who knows the Veda completely, he is great among us. Of Brahmins, superiority (is) by knowledge, but of Kshatriyas by valour, of Vaishyas by reason of property (and) wealth, and of Shudras by age. One is not, therefore, aged because his head is grey; whoever, although a youth, has perused (the Vedas), him the gods consider an elder. 1 Now a Kshatriya is not called a guest in a Brahmin’s house, nor a Vaishya nor a Shudra; neither is a friend, the kinsman, nor a Guru (of the householder). (That is, a Brahmin has alone the right to have the honour of being treated as a guest in a Brahmin’s house). But if a Kshatriya come as a guest to the house after the said Brahmins have eaten one should give him food (if) he wishes. If a Vaishya (or) Shudra come to the house as guests, the Brahmin should give them food but with the servants, using kindness.” 2 (iv) (A) According to the Apastamba Dharma Sutra : He who has killed a Kshatriya shall give a thousand cows (to Brahmins for the expiation of the act). He shall give, a hundred cows for the killing of a Vaishya, (only) ten for a Shudra. 3 (B) According to the Gautama Dharma Sutra : “A Kshatriya (shall be fined) one hundred (Karshapanas) if he abuses a Brahmana. In case of an assault (on a Brahmana) twice as much. A Vaishya (who abuses a Brahmana, shall pay) one and a half (times as much as a Kshatriya). But a Brahmana (who abuses) a Kshatriya (shall pay) fifty (Karshapanas). 1 Chapter II, Verses 154-156. 2 Chapter III, Verses 110-112. 3 Prasna I, Patala 9, Khanda 24, Sutras 1-3.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES48 One half of that amount (if he abuses) a Vaishya. And if he abuses a Shudra nothing.” 1 (C) According to Brihaspati’s Dharma Shastra : “For a Brahmin abusing a Kshatriya, the fine shall be half of a hundred (fifty) Panas; for abusing a Vaisya, half of fifty (twenty-five) Panas, for abusing a Shudra twelve and a half. This punishment has been declared for abusing a virtuous Shudra (i.e., a Shudra who accepts his low status and does willingly the duties attached to that status) who has committed no wrong; no offence is imputable to a Brahmin for abusing a Shudra devoid of virtue. A Vaishya shall be fined a hundred (Panas) for reviling a Kshatriya; a Kshatriya reviling a Vaishya shall have to pay half of that amount as a fine. In the case of a Kshatriya reviling a Shudra the fine shall be twenty Panas; in the case of a Vaishya, the double amount is declared to be the proper fine by persons learned in law. A Shudra shall be compelled to pay the first fine for abusing a Vaishya; the middling fine for abusing a Kshatriya; and the highest fine for abusing a Brahmin.” 2 (D) According to the Manu Smruti: A Kshatriya who reviles a Brahmin ought to be fined one hundred (Panas); a Vaishya one hundred and fifty or two hundred, but a Shudra ought to receive corporal punishment. A Brahmin should be fined fifty if he has thrown insult on a Kshatriya, but the fine shall be a half of fifty if on a Vaishya and twelve if on a Shudra.” 3 In the murder of a Kshatriya, one fourth (part) of the penance for slaying a Brahman is declared to be the proper penance; an eighth part in the case of a Vaishya; and in (the case of) a Shudra (who) lives virtuously, one sixteenth part must be admitted (as the proper penance). But if one of the highest of the twice-born (a Brahmin) slay a Kshatriya involuntarily he may, in order to cleanse himself give a thousand cows and a bull. Or let him for three years (with senses) subdued and locks braided, follow the observances of one who has slain a Brahmin, living in a place rather far from the town, his dwelling place the foot of a tree. 1 Chapter XII, Sutras 8-13. 2 Chapter XX, Verses 7-11. 3 Chapter VIII, Verses 267-268

THE SHUDRAS : THE BRAHMANIC .... STATUS OF THE SHUDRAS 49 The highest of a twice-born (the Brahmin) should practise just this expiation for a year on having slain a Vaishya who lives virtuously and give one hundred and one (heads) of cattle. The slayer of a Shudra should practise exactly all these observances for six months; or he may give to a priest ten white cows and a bull. 1" (E) According to the Vishnu Smriti: “With whatever limb an inferior insults or hurts his superior in caste, of that limb the king shall cause him to be deprived. If he places himself on the same seat with his superior, he shall be banished with a mark on his buttocks. If he spits on him he shall lose both lips. If he breaks wind against him, he shall lose his hind parts. If he uses abusive language, his tongue. If a low-born man through pride give instruction (to a member of the highest caste) concerning his duty, let the king order hot oil to be dropped into his mouth. If a Shudra man mentions the name or caste of a superior revilingly, an iron pin ten inches long shall be thrust into his mouth (red hot).” 2 (v) (A) According to the Brihaspati Smriti : “A Shudra teaching the precepts of religion or uttering the words of the Veda, or insulting a Brahmin shall be punished by cutting out his tongue.” 3 (B) According to the Gautama Dharma Sutra : “Now if he listens intentionally to (a recitation of) the Veda, his ears shall be filled with (molten) tin or lac. If he recites (Vedic texts), his tongue shall be cut out. If he remembers them, his body shall be split in twain.” 4 (C) According to the Manu Smriti: One who teaches for hire, also one who learns by paying hire (a Shudra) teacher and one who learns from him are unfit for being invited at the performance in honour of the Devas and Pitris. 5 1 Chapter XI, Verses 127-131 2 Chapter V, Sutras 19-25 3 Chapter XII, Verse 12. 4 Chapter XX, Sutras 4-6. 5 Chapter III, Verse 156.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES50 One may not give advice to a Shudra, nor (give him) the remains (of food) or of butter that has been offered. And one may not teach him the law or enjoin upon him religious observances. For he who tells him the law and he who enjoins upon him (religious) observances, he indeed together with that (Shudra) sinks into the darkness of the hell called Asamvrita. 1 One should never recite (the Vedas) indistinctly or in the presence of a Shudra; nor having recited the Veda at the end of the night, (though) fatigued may one sleep again.” 2 (vi) This is what the Manu Smriti says : “A Brahmin may take possession of the goods of a Shudra with perfect peace of mind, for, since nothing at all belongs to this Shudra as his own, he is one whose property may be taken away by his master. 3 Indeed, an accumulation of wealth should not be made by a Shudra even if he is able to do so, for the sight of mere possession of wealth by a Shudra injures the Brahmin.” 4 (vii) Here is the advice of the Manu Smriti to the king : “He who can claim to be a Brahmin merely on account of his birth, or he who only calls himself a Brahmin, may be, if desired, the declarer of law for the king, but a Shudra never. If a king looks on while a Shudra gives a judicial decision, his realm sinks into misfortune, like a cow in a quagmire. A realm which consists chiefly of Shudras and is overrun by unbelievers and destitute of twice-born men is soon totally destroyed, oppressed by famine and disease.” 5 (viii) (A) The Apastamba Dharma Sutra says: “And those who perform austerities, being intent on fulfilling the sacred laws. And a Shudra who lives by washing the feet (of the Brahmin). 1 Chapter IV, Verses 78-81. 4 Chapter X, Verse 129. 2 Chapter IV, Verse 99. 5 Chapter VIII, Verses 20-22. 3 Chapter VIII, Verse 417.

THE SHUDRAS : THE BRAHMANIC .... STATUS OF THE SHUDRAS 51 Also blind, dumb, deaf and diseased persons (as long as their infirmities last) are exempt from taxes. 1 To serve the other three castes is ordained for the Shudra. The higher the caste which he serves the greater is the merit.” 2 (B) The Manu Smriti has the following: “Now, for the sake of preserving all this creation, the most glorious (being) ordained separate duties for those who sprang from (his) mouth, arm, thigh and feet. For Brahmins he ordered teaching, study, sacrifices and sacrificing (as priests) for others, also giving and receiving gifts. Defence of the people, giving (alms), sacrifice, also study, and absence of attachment to objects of sense, in short for a Kshatriya. Tending of cattle, giving (alms), sacrifice, study, trade, usury, and also agriculture for a Vaishya. One duty the Lord assigned to a Shudra—service to those (beforementioned) classes without grudging.” 3 (ix) (A) The Apastamba Dharma Sutra says : “A man of one of the first three castes (who commits adultery) with a woman of the Shudra caste shall be banished. A Shudra (who commits adultery) with a woman of one of the first three castes shall suffer capital punishment.” 4 (B) The Gautama Dharma Sutra says : If (the Shudra) has criminal intercourse with an Aryan woman, his organ shall be cut off and all his property be confiscated. If (the woman had) a protector (i.e., she was under the guaradian-ship of some person) he (the Shudra) shall be executed after having undergone the punishments prescribed above. 5 (C) The Manu Smriti says : If a man (of the Shudra caste) makes love to a girl of the highest caste he deserves corporal punishment. 6 A Shudra cohabiting with a woman of twice-born castes, whether she be guarded or not guarded, is (to be) deprived of his member and of all his property if she be not guarded and of everything if she is guarded. 7 1. Prasna II, Patala 10, Khanda 26, Sutras 14-16. 5 Chapter XII, Sutras 2-3. 2. Prasna I, Patala I, Khanda I, Sutras 7-8. 6 Chapter VIII, Verse 366. 3. Chapter I, Verses 87-91. 7 Chapter VIII, Verse 374. 4. Prasna II, Patala 10, Khanda 27, Sutras 8-9.