Chapter 12 The Morals of the House
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III. 69. For the sake of expiating offences committed ignorantly in those places mentioned in order, the five great sacraments were appointed by eminent sages to be performed each day by such as keep house. III. 70. Teaching and studying the scripture is the sacrament of the Veda; offering cakes and water, the sacrament of the Manes, an oblation to fire, the sacrament of the Deities; giving rice or other food to living creatures, the sacrament of spirits; receiving guests with honour, the sacrament of men.
III. 71. Whoever omits not those five great ceremonies, if he have ability to perform them, is untainted by the sons of the five slaughtering places, even though he constantly reside at home;
III. 84. In his domestic Are for dressing the food of all the Gods, after the prescribed ceremony, let a Brahmen make an oblation each day to these following divinities.
After it is offered to the deities Manu directs:— III. 92. The share of dogs, of outcasts, of dog-feeders, of sinful men, punished with elephantiasis or consumption, of crows, and of reptiles, let him drop on the ground by little and little.
With regard to the rules of hospitality Manu directs the householder: III. 102. A Brahmen, staying but one night as a guest, is called an atithi, since continuing so short a time, he is not even a sojourner for a whole tithi, or day of the moon.
III. 98. But an offering in the fire of a sacerdotal mouth, which richly blazes with true knowledge and piety, will release the giver from distress and even from deadly sin.
III. 107. To the highest guests in the best form, to the lowest in the worst, to the equal equally, let him offer seats, resting places, couches; giving them proportionable attendance when they depart; and honour, as long as they stay.
III. 110. A military man is not denominated a guest in the house of a Brahman; nor a man of the commercial or servile class; nor his familiar friend, nor his paternal kinsmen; nor his preceptor. III. 111. But if a warrior come to his house in the form of a guest, let food be prepared for him, according to his desire, after the beforementioned Brahmens have eaten.
III. 112. Even to a merchant or a labourer, approaching his house in the manner of guests, let him give food, showing marks of benevolence at the same time with his domestics.
On social bearing of one class towards another Manu has laid down some very interesting ordinances. He has an equation for social status:
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PDF p. 359 ↗II. 135. The student must consider a Brahmen, though but ten years old, and a Kshatriya, though aged a hundred years, as father and son; as between those two, the young Brahmen is to be respected as the father. II. 136. Wealth, kindred, age, moral conduct, and, fifthly divine knowledge, entitle men to respect; but that which is last mentioned in order, is the most respectable.
II. 137. Whatever man of the three highest classes possesses the most of those five, both in number and degree that man is entitled to most respect; even a Sudra, if he have entered the tenth decade of his age. II. 138. Way must be made for a man in a wheeled carriage, or above ninety years old, or afflicted with disease, or carrying a burthen; for a woman; for a priest just returned from the mansion of his preceptor; for a prince, and for a bridegroom.
II. 139. Among all those, if they be met at one time, the priest just returned home and the prince are most to be honoured; and of those two, the priest just returned, should be treated with more respect than the prince.
As illustrating the rules of social bearing a reference may be made to rules regarding salutation:
II. 121. A youth who habitually greets and constantly reverses the aged, obtains an increase of four things; life, knowledge, fame, strength. II. 122. After the word of salutation, a Brahman must address an elder; saying, “I am such an one,” pronouncing his own name. II. 123. If any persons, through ignorance of the Sanskrit language, understand not the import of his name, to them should a learned man say, “ It is I”; and in that manner he should address all classes of women. II. 124. In the salutation he should pronounce, after his own name, the vocative particle ‘bhoh’; for the particle ‘bhoh’ is held by the wise to have the same property with names fully expressed. II. 125. A Brahmen should thus be saluted in return; “ May’st thou live long, excellent man ”, and at the end of his name, the vowel and preceding consonant should be lengthened, with an acute accent, to three syllabic moments or short vowels.
II. 126. That Brahmen, who knows not the form of returning a salutation, must not be saluted by a man of learning; as a Shudra, even so is he.
II. 127. Let a learned man ask a priest, when he meets him, if his devotion prospers, a warrior, if he is unhurt; a merchant, if his wealth
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is secure; and one of the servile classes, if he enjoys good health; using respectively the words, cusalam, anamayam, ksheman and anarogyam. The provisions laid down by Manu in relation to Religion and Religious Sacraments and Sacrifice are worthy of note.
The ordinances of Manu relating to Sacraments and sacrifices are as follows:
III. 68. A house-keeper has five places of slaughter, or where small living creatures may be slain; his kitchen-hearth, his grindstone, his broom, his pastle and mortar, his water-pot; by using which, he become in bondage to sin.
III. 69. For the sake of expiating offences committed ignorantly in those places mentioned in order, the five great sacraments were appointed by eminent sages to be performed each day by such as keep house. III. 70. Teaching and studying the scriptures is the sacrament of the Veda; offering cakes and water, the sacrament of the Manes, an oblation to fire, the sacrament of the Deities; giving rice or other food to living creatures, the sacraments of spirits; receiving guests with honour, the sacrament of men.
III. 71. Whoever omits not those five great ceremonies, if he have ability to perform them, is untainted by the sons of the five slaughtering places, even though he constantly reside at home.
Manu then proceeds to lay down that all are not entitled to the benefit of the sacraments and all have not the same right to perform the sacrifices.
He defines the position of women and Shudras in the matter of Sacraments and sacrifices. As to women Manu says :— II. 66. The same ceremonies, except that of the sacrificial thread, must be duly performed for women at the same age and in the same order, that the body may be made perfect; but without any text from the Veda.” As to Shudras, Manu says :— X. 127. Even Shudras, who were anxious to perform their entire duty, and, knowing what they should perform initate the practice of , good men in the household sacraments, but without any holy text, except those containing praise and salutation, are so far from sinning, that they acquire just applause.
The investiture of a person with the sacred thread is a very important sacrament.
II. 36. In the eighth year from the conception of a Brahman, in the eleventh from that of a Kshatriya, and in the twelfth from that of a Vaisya, let the father invest the child with the mark of his class.
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PDF p. 361 ↗II. 37. Should a Brahman, or his father for him, be desirous of his advancement in sacred knowledge; a Kshatriya, of extending his power; or a Vaisya of engaging in mercantile business; the investiture may be made in the fifth, sixth, or eighth years respectively. II. 38. The ceremony of investiture hallowed by the Gayatri must not be delayed, in the case of a priest, beyond the sixteenth year; nor in that of a soldier, beyond the twenty second; nor in that of a merchant, beyond the twenty fourth.
II. 39. After that, all youths of these three classes, who have not been invested at the proper time, become vratyas, or outcasts, degraded from the Gayatri, and condemned by the virtuous.
As to the Gayatri it is a mantra and this is how Manu explains its importance:— II. 76. Brahma milked out, as it were, from the three Vedas, the letter A, the letter U, and the letter M which form by their coalition the triliteral monosyllable, together with three mysterious words bhur, bhuvah, svah or earth, sky, heaven.
II. 77. From the three Vedas, also, the Lord of creatures, incomprehensibly exalted, successively milked out the three measures of that ineffable text, beginning with the word tad, and entitled Savitri or Gayatri.
II. 78. A priest who shall know the Veda, and shall pronounce to himself, both morning and evening, that syllable, and that holy text preceded by the three words, shall attain the sanctity which the Veda confers:
II. 79. And a twice born man, who shall a thousand times repeat those three (om, the vyahritis, and the gayatri), apart from the multitude, shall be released in a month even from a great offence, as a snake from his slough.
II. 80. The priest, the soldier, and the merchant, who shall neglect this mysterious text, and fail to perform in due season his peculiar acts of piety, shall meet with contempt among the virtuous. II. 81. The great immutable words, preceded by the triliteral syllable, and followed by the gayatri which consists of three measures, must be considered as the mouth, or principal part of the Veda; II. 82. Whoever shall repeat, day by day, for three years, without negligence, that sacred text, shall hereafter approach the divine essence, move as freely as air, and assume an ethereal form. II. 83. The triliteral monosyllable is an emblem of the Supreme, the suppressions of breath with a mind fixed on God are the highest
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devotion; but nothing is more exalted than the Gayatri; a declaration of truth is more excellant than silence.
II. 84. All rites ordained in the Veda, oblations to fire, and solemn sacrifices pass away; but that which passes not away, is declared to be the syllable om, thence called acshara; since it is a symbol of God, the Lord of created beings.
II. 85. The act of repeating his Holy Name is ten times better than the appointed sacrifice; an hundred times better when it is heard by no man; and a thousand times better when it is purely mental. II. 86. The four domestic sacraments which are accompanied with the appointed sacrifice, are not equal though all be united, to a sixteenth part of the sacrifice performed by a repetition of the gayatri. This investiture is equivalent to a new birth.
II. 147. Let a man consider that as a mere human birth, which his parents gave him for their mutual gratification, and which he receives after lying in the womb.
II. 148. But that birth which his principal acharya, who knows the whole Veda, procures for him by his divine mother the gayatri, is a true birth; that birth is exempt from age and from death. II. 169. The first birth is from a natural mother; the second, from the ligation of the zone; the third from the due performance of the sacrifice; such are the births of him who is usually called twice-born, according to a text of the Veda.
II. 170. Among them his divine birth is that, which is distinguished by the ligation of the zone, and sacrificial cord ; and in that birth the Gayatri is his mother, and the Acharya, his father. This sacrament is not permitted by Manu to Shudras and to women. II. 103. But he who stands not repeating it in the morning, and sits not repeating it in the evening, must be precluded, like a Sudra, from every sacred observance of the twice born class. Manu has not forgotten to mention rules relating to education and learning. Manu has nothing to say about mass education. He does not see the utility of it and he does not see the necessity of imposing any obligation upon the king or the state. He was merely concerned with the learning of the sacred and Religious literature namely the Vedas.
Veda must be learned from a preceptor and with his assent. No one can read and study the Vedas by himself. He will be guilty of theft if he did it.
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PDF p. 363 ↗II. 116. He who shall acquire knowledge of the Veda without the assent of his preceptor, incurs the guilt of stealing the scripture and shall sink to the region of torment.
But others cannot study at all.
IX. 18. Women have no business with the texts of the Veda; thus is the law fully settled; having, therefore, no evidence of law, and no knowledge of expiatory texts, sinful women must be as foul as falsehood itself; and this is a fixed rule.
IV. 99. He must never read the Veda without accents and letters well pronounced; nor even in the presence of Sudras; nor, having begun to read it in the last watch of the night, must he, though fatigued, sleep again. This prohibition applies to Vratyas or outcasts from the three higher classes. For Manu says:
II. 40. With such impure men, let no Brahmen, even in distress for subsistence, ever form a connexion in law, either by the study of the Veda, or by affinity.
Teaching Veda or performing of sacrifices for disqualified persons was prohibited by Manu.
IV. 205. Never let a priest eat part of a sacrifice not begun with texts of the Veda, nor of one performed by a common sacrificer, by a woman, or by an eunuch:
IV. 206. When those persons offer the clarified butter, it brings misfortune to good men, and raises aversion in the deities, such oblations, therefore, he must carefully shun.
XI. 198. He, who has officiated at a sacrifice for outcasts, or burned the corpse of a stranger, or performed rites to destroy the innocent, or made the impure sacrifice, called Ahimsa, may expiate his guilt by three prajapatya penances.
Take equality before Law.
When they come as witnesses—according to Manu they are to be sworn as follows:
VIII. 87. In the forenoon let the judge, being purified, severally call on the twice-born, being purified also, to declare the truth, in the presence of some image, a symbol of the divinity, and of Brahmens, while the witnesses turn their faces either to the north or to the east. VIII. 88. To a Brahmen he must begin with saying, “Declare;” to a Kshatriya, with saying, “ Declare the truth ”; to a Vaisya, with comparing perjury to the crime of stealing kine, grain, or gold; to a Sudra, with comparing it in some or all of the following sentences, to every crime that men can commit.
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VIII. 113. Let the judge cause a priest to swear by his veracity; a soldier, by his horse, or elephant, and his weapons; a merchant, by his kine, grain, and gold; a mechanic or servile man, by imprecating on his own head, if he speak falsely, all possible crime; Manu also deals with cases of witnesses giving false evidence.
According to Manu giving false evidence is a crime. Says Manu: VIII. 122. Learned men have specified these punishments, which were ordained by sage legislators for perjured witnesses, with a view to prevent a failure of justice and to restrain iniquity.
VIII. 123. Let a just prince banish men of the three lower classes, if they give false evidence having first levied the fine; but a Brahmen let him only banish.”
But Manu made one exception:
VIII. 112. To women, however, at a time of dalliance, or on a proposal of marriage, in the case of grass or fruit eaten by a cow, of wood taken for a sacrifice, or of a promise made for the preservation of a Brahmen, it is deadly sin to take a light oath. As parties to proceedings—Their position can be illustrated by quoting the ordinances of Manu relating to a few of the important criminal offences dealt with by Manu.
Take the offence of Defamation. Manu says:
VIII. 267. A soldier, defaming a priest, shall be fined a hundred panas a merchant, thus offending, an hundred and fifty, or two hundred : but, for such an offence, a mechanic or servile man shall be whipped. VIII. 268. A priest shall be fined fifty, if he slander a soldier; twenty five, if a merchant; and twelve, if he slander a man of the servile class. Take the offence of Insult—Manu says:
VIII. 270. A once-born man, who insults the twice-born with gross invectives, ought to have his tongue slit; for he sprang from the lowest part of Brahma. VIII. 271. If he mention their names and classes with contumely as, if he say, “Oh Devadatta, thou refuse of Brahmen”, an iron style, ten fingers long, shall be thrust red into his mouth.
VIII. 272. Should he, through pride, give instruction to priests concerning their duty, let the king order some hot oil to be dropped into his mouth and his ear.
Take the offence of Abuse—Manu says:
VIII. 276. For mutual abuse by a priest and a soldier, this fine must be imposed by a learned king; the lowest amercement on the priest, and the middle-most on the soldier.
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PDF p. 365 ↗VIII. 277. Such exactly, as before mentioned, must be the punishment for a merchant and a mechanic, in respect of their several classes, except the slitting of the tongue; this is a fixed rule of punishment. Take the offence of Assault—Manu propounds:
VIII. 279. With whatever member of a low-born man shall assault or hurt a superior, even that member of his must be slit, or cut more or less in proportion to the injury; this an ordinance of Manu. VIII. 280. He who raises his hand or a staff against another, shall have his hand cut; and he, who kicks another in wrath, shall have an incision made in his foot.
Take the offence of Arrogance—According to Manu:
VIII. 281. A man of the lowest class, who shall insolently place himself on the same seat with one of the highest, shall either be banished with a mark on his hinder parts, or the king shall cause a gash to be made on his buttock.
VIII. 282. Should he spit on him through pride, the king shall order both his lips to be gashed; should he urine on him, his penis; should he break wind against him, his anus.
VIII. 283. If he seize the Brahmen by the locks, or by the feet, or by the beard, or by the throat, or by the scrotum, let the king without hesitation cause incisions to be made in his hands. Take the offence of Adultery. Says Manu:
VIII. 359. A man of the servile class, who commits actual adultery with the wife of a priest, ought to suffer death; the wives. indeed, of all the four classes must ever be most especially guarded. VIII. 366. A low man, who makes love to a damsel of high birth, ought to be punished corporally; but he who addresses a maid of equal rank, shall give the nuptial present and marry her, if her father please. VIII. 374. A mechanic or servile man, having an adulterious connection with a woman of a twice-born class, whether guarded at home or unguarded, shall thus be punished; if she was unguarded, he shall lose the part offending, and his whole substance; if guarded, and a priest less, every thing, even his life.
VIII. 375. For adultery with a guarded priestess, a merchant shall forfeit all his wealth after imprisonment for a year; a soldier shall be fined a thousand panas, and be shaved with the urine of an ass. VIII. 376. But, if a merchant or soldier commit adultery with a woman of the sacerdotal class, whom her husband guards not at
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home, the king shall only fine the merchant five hundred, and the soldier a thousand;
VIII. 377. Both of them, however, if they commit that offence with a priestess not only guarded but eminent for good qualities, shall be punished like men of the servile class, or be burned in a fire of dry grass or reeds.
VIII. 382. If a merchant converse criminally with a guarded woman of the military, or a soldier with one of the mercantile class, they both deserve the same punishment as in the case of a priestess unguarded. VIII. 383. But a Brahmen, who shall commit dultery with a guarded woman of those two classes, must be fined a thousand panas; and for the like offence with a guarded woman of the servile class, the fine of a soldier or a merchant shall be also one thousand. VIII. 384. For adultery with a woman of the military class, if unguarded, the fine of a merchant is five hundred; but a soldier, for the converse of that offence, must be shaved with urine, or pay the fine just mentioned.
VIII. 385. A priest shall pay five hundred panas if he connect himself criminally with an unguarded woman of the military, commercial, or servile class, and a thousand, for such a connexion with a woman of vile mixed breed.
Turning to the system of punishment for offences Manu’s Scheme throws an interesting light on the subject. Consider the following ordinances:
VIII. 379. Ignominious tonsure is ordained, instead of capital punishment, for an adulterer of the priestly class, where the punishment of other classes may extend to loss of life.
VIII. 380. Never shall the king slay a Brahmen, though convicted of all possible crimes; let him banish the offender from his realm, but with all his property secure, and his body unhurt. XI. 127. For killing intentionally a virtuous man of the military class, the penance must a fourth part of that ordained for killing a priest; for killing a Vaisya, only an eighth; for killing a Sudra, who had been constant in discharging his duties, a sixteenth part. XI. 128. But, if a Brahmen kill a Kshatriya without malice, he must, after a full performance of his religious rites, give the priests one bull together with a thousand cows.
XI. 129. Or he may perform for three years the penance for slaying a Brahmen, mortifying his organs of sensation and action, letting his hair grow long, and living remote from the town, with the root of a tree for his mansion.
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PDF p. 367 ↗XI. 130. If he kill without malice a Vaisya, who had a good moral character, he may perform the same penance for one year, or give the priests a hundred cows and a bull.
XI. 131. For six months must he perform this whole penance, if without intention he kill a Sudra; or he may give ten white cows and a bull to the priests.
VIII. 381. No greater crime is known on earth than slaying a Brahmen; and the king, therefore, must not even form in his mind an idea of killing a priest.
VIII. 126. Let the king having considered and ascertained the frequency of a similar offence, the place and time, the ability of the criminal to pay or suffer and the crime itself, cause punishment to fall on those alone, who deserve it.
VIII. 124. Manu, son of the Self-existent, has named ten places of punishment, which are appropriate to the three lower classes, but a Brahmen must depart from the realm unhurt in any one of them. VIII. 125. The part of generation, the belly, the tongue, the two hands, and, fifthly, the two feet, the eye, the nose, both ears, the property, and, in a capital case, the whole body.
On the point of rights and duties relating to religious Sacraments and Sacrifices the views of Manu are noteworthy:
II. 28. By studying the Veda, by religious observances, by oblations to fire, by the ceremony of Traividya, by offering to the Gods and Manes, by the procreation of children, by the five great sacraments, and by solemn sacrifices, this human body is rendered fit for a divine state. III. 69. For the sake of expiating offences committed ignorantly in those places mentioned in order, the five great sacrements were appointed by eminent sages to be performed each day by such as keep house. III. 70. Teaching and studying the scripture is the sacrament of the Veda; offering cakes and water, the sacrament of the Manes; an oblation to fire, the sacrament of the Deities; giving rice or other food to living creatures, the sacrament of spirits; receiving guests with honour, the sacrament of men. III. 71. Whoever omits not those five great ceremonies, if he have ability to perform them, is untained by the sins of the five slaughtering places, even though he constantly reside at home.
Such are the ordinances of Manu. Laws are never complete enough to cover every point. There are always moot questions. Manu was conscious of this and provides for such contingencies.
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XII. 108. If it be asked, how the law shall be ascertained, when particular cases are not comprised under any of the general rules, the answer is this: “That which well instructed Brahmens propound, shall be held incontestible law.”
XII. 109. Well instructed Brahmens are they, who can adduce occular proof from the scripture itself, having studied, as the law ordains, the Vedas and their extended branches, or Vedangas, Mimansa, Nyaya, Dharma, Shastra, Puranas.
XII. 113. Even the decision of one priest, if more cannot be assembled, who perfectly knows the principles of the Vedas, must be considered as law of the highest authority; not the opinion of myriads, who have no sacred knowledge.
The Laws of Manu are eternal. Therefore there is no question of considering how changes could be effected in them. The only question Manu had to consider was the upholding and maintaining the system. Manu has laid down several provisions with this purpose in view. As to the preservation of the Social Code, Manu has made it the duty of the King to uphold and maintain:
VIII. 410. The king should order each man of the mercantile class to practice trade, or money lending, or agriculture and attendance on cattle; and each man of the servile class to act in the service of the twice-born.
VIII. 418. With vigilant care should the king exert himself in compelling merchants and mechanics to perform their respective duties; for, when such men swerve from their duty, they throw this world into confusion.
Failure to maintain was made an offence in the King punishable at Law.
VIII. 335. Neither a father, nor a preceptor, nor a friend, nor a mother, nor a wife, nor a son, nor a domestic priest must be left unpunished by the king, if they adhere not with firmness to their duty. VIII. 336. Where another man of lower birth would be fined one pana, the king shall be fined a thousand, and he shall give the fine to the priests, or cast it into the river, this is a sacred rule. Failure to uphold and maintain the system on the part of the king involved a forfeiture of his right to rule. For Manu allows a right to rebel against, such a King.
VIII. 348. The twice-born may take arms, when their duty is obstructed by force; and when, in some evil time, a disaster has befallen the twiceborn classes.
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PDF p. 369 ↗The right of rebellion is given to the three higher classes and not to the Shudra. This is very natural. Because it is only the three upper classes who would benefit by the maintenance of this system. But supposing the Kshatriyas joined the King in destroying the system what is to be done? Manu gives the authority to the Brahmins to punish all and particularly the Kshatriyas.
XI. 31. A priest, who well knows the laws, need not complain to the king of any grievious injury; since, even by his own power, he may chastise those, who injure him.
XI. 32. His own power, which depends on himself alone, is mightier than the royal power, which depends on other men; by his own might, therefore, may a Brahman coerce his foes.
XI. 33. He may use, without hesitation, the powerful charms revealed to Atharvan, and by him to Angiras; for speech is the weapon of a Brahmen; with that he may destroy his oppressors. IX. 320. Of a military man, who raises his arm violently on all occasions against the priestly class, the priest himself shall be the chastiser; since the soldier originally proceeded from the Brahmen.” How can the Brahmins punish the Kshatriyas unless they can take arms? Manu knows this and therefore allows the Brahmins to arm themselves to punish the Kshatriyas.
XII. 100. Command of armies, royal authority, power of inflicting punishment, and sovereign dominion over all nations, he only well deserves, who perfectly understands the Veda Shastra. So intent is Manu on the maintenance of the system of Chaturvarna that he did not hesitate to make this fundamental change in it. For to ask a Brahman to take up arms is a fundamental change as compared with the rule that was prevalent before Manu. The prohibition against Brahmin handling arms was very strict. In the Apastamba Dharma Sutras which is prior to Manu the rule is laid down in the following terms: I. 10, 29, 6. A Brahmin shall not take up a weapon in his hand’ though he be only desirous of examining it.”
Successor of Manu—Baudhayana—improved upon him, and laid down in his Code of Laws:
II. 24, 18. For the protection of the Cows, Brahmins, or in the case of the confusion of Varnas, Brahmins and Vaisyas (also) should take up arms, out of consideration for the Dharma. and maintain the system at any cost.
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Text taken word for word from the official PDF published by the Government of India. Line breaks have been joined into paragraphs; automatic extraction can still leave small errors, so check the original page before quoting.