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De : Joel Tatelman <tatelman@total.net>
A : Members of the list <indology@liverpool.ac.uk>
Date : samedi 21 juin 1997 23:50
Objet : aatape (vi)dhaarita.h
I suppose that the commentary of Haradatta (1100-1300 AD according to Kane) on Apastamba dharma-sUtra 2.10.25.11 might help you to decide: the customary practice of putting someone in the sun (or the cold, or to deprive him of food) to oblige him to pay the money he owned to a creditor (RNa) or to the king (kara) was (at least) known in Haradatta's time.
Apastamba runs as follows :
na cAsya viSaye kSudhA rogeNa himAtapAbhyAM vAvasIded abhAvAd buddhi-pUrvaM vA kaz cid.
Bühler (SBE II p.162) translates : " And in his realm, no (brahmana) should suffer hunger, sickness, cold, or heat, be it through want or intentionally. "
Haradatta s commentary (See Apastamba s aphorisms edited by Dr. G. Bühler, 3d edition, Bombay 1932 p. 191) wants to explain the use of abhAvAt (by lack) and of buddhi-pUrvaM (intentionally).
The first is evident : the king must provide brahmins with food, etc. if they are in want
How this kind of suffering may be caused intentionally is more difficult to grasp, Haradatta explains it as follows:
yadA kaz cid RNaM karaM vA dApyo bhavati tadA nAsau himAtapayor upanivezitavyo bhojanAd vA niroddhavyaH
" When someone must be obliged to refund a debt or a tax, he must not be put in the cold or in the heat, nor prevented from eating "
If, at times Haradatta, like many commentators, is using far-fetched arguments, the commentary seems to be here quite convincing, in my eyes at least.
Hoping it helps
J.F.