Bhagavatam study 35 01.7.52-58 Law codes alone aren’t enough for justice – an expert judge is needed

Thank you. Draupadhyasya Chaturbhujaha Alok Kevadanam Sakhyur Idamaha Hasan Iva Nishamya, after hearing this, Bhima Gaditam, what is spoken by Bhima, Draupadhyasya Chaturbhujaha and earlier Draupadi had also spoken.
So hearing them all, Chaturbhujaha, Krishna, whose divinity is indicated here by referring to him with the word Chaturbhujaha, Alok Kevadanam Sakhyur, he looked at the face of his friend Arjuna, Idamaha Hasan Iva and he spoke these words as if smiling. So there is a conflict that needs to be resolved over here. Different people seem inclined to act in different ways here.
We see that Arjuna is not inclined to kill Ashwatthama because Draupadi has made strong arguments against killing him. And those arguments have won over everyone except Bhima, who is strongly insistent on killing him. Draupadi is focusing on his antecedents, on Ashwatthama’s antecedents, who he is, what he is, he is a Brahmana, he is the son of their guru, he has a mother who depends on him.
She is seeing his antecedents, his connections and focusing on them. Whereas Bhima is focusing on Ashwatthama’s actions. He acted so brutally and so pointlessly, so unjustifiable were his actions.
And this conflict resolution, this conflict situation now needs to be resolved and Krishna is turning to Arjuna here. It’s interesting that although Yudhishthira is the king, Krishna focuses on Arjuna over here. It is Arjuna who will resolve the situation.
It is not that Arjuna is usurping Yudhishthira’s position. It is simply that Arjuna is actually working towards completing things. And it is Arjuna who went in pursuit of Ashwatthama.
It is Arjuna who arrested Ashwatthama. It is Arjuna who had vowed to help, to avenge, to pacify Draupadi by telling her that he would avenge her son’s death. So, he had been at the center of action.
So, naturally, Krishna is focusing on Arjuna here and he is telling him, now you have to resolve this. And Prabhupada explains in his purport based on the Acharya’s commentary is the significance of the word Chatur Puja over here. So, when Bhima, he spoke those words, Bhima was not just a man of words, Bhima of strong words, Bhima was also a man of aggressive action whenever necessary.
So, he says that he, Prabhupada uses that we can easily imagine, it’s interesting, Prabhupada uses the word imagine sometimes that we consider as if imagination is forbidden in Bhakti. We should simply follow what is told in Shastra and imagination is forbidden. However, that is not the case.
We know that imagination is essential in any artistic rendition. When a drama is performed, when a painting is drawn, when a book is written, at that time, there has to be an element of imagination, which brings about the artistic flavor to the scriptural description. After all, when a drama is performed, when the drama is performed, the Chaitanya Chandrodaya Natak is there.
So, there, the drama is going to be depicted as a drama actually, not just as a book. Then the drama director or the drama author is not going to write down every single detail of what the setting should be, what the exact color of the dress who was wearing, what was the length, if there is going to be a war scene, what was the length of the sword. So, every single detail is not going to be described even in the most detailed drama narratives.
Then how are those details going to be filled in? Those details need to be filled in using the creative imagination of the drama making team. And when they use the creative imagination, the central point, the purpose is that they will, if they are well informed devotionally, then they will use their devotional knowledge to harmonize what they have, what they know based on scripture with what they add to the scriptural description. So, this will be harmonious enhancement, it will not be disharmonious enhancement.
So, Chatur Bhuja, what it signifies, Prabhupada says, we can imagine what happened Bhima, Draupadi has been saying that Ashwathama should not be killed and Bhima is bent on killing Ashwathama. So, amidst this conflict between the two, Draupadi states, between the two, it is that Krishna may have had to intervene and in order to intervene, he manifests four arms. So, with two arms, he restrains and pushes back Bhima and with two arms, he restrains Draupadi.
In this way, he ensures that there is no altercation or confrontation between the two. And then it is said over here, he was as if smiling. Why would Krishna in this situation want to smile? Why would he be smiling? And there is another situation in the Bhagavad Gita also.
Krishna was smiling, it is described in the second chapter of the Bhagavad Gita, when Arjuna surrendered to him. So, there the point of the smile is not that Krishna is in any way sadistic or anything like that. So, 2.10 says that in the Bhagavad Gita says, So, unto him, that is Arjuna, Rishikesh spoke and he was it was as if he was smiling.
So, prahasanniva is used there and here it is hasanniva it is used. Krishna was smiling. So, there it is described in the Bhagavad Gita, Krishna was smiling because it was as if smiling because it was a dramatic change in the dynamic of their relationship.
A friend had become a disciple. Three verses ago in 2.17, Arjuna said that I am your disciple, I am so surrendered unto you, please instruct me. So, amidst this dramatic change in the dynamic of their relationship, Krishna observing how this has happened is amused and that amusement comes out as a smile.
It is not that he is distressed at what has happened to Arjuna. It is not that he is delighted at the distress that Arjuna is going through. It is not that he is laughing at Arjuna, but he is smiling at the way things work in this world and how situations in this world change so dramatically.
And of course, here because of Arjuna’s accepting a submissive position, Krishna will be getting an opportunity to speak the timeless wisdom of the Gita for benefiting not just Arjuna, but for benefiting all of humanity for all time to come. So, that is the reason why Krishna is as if smiling. So, now here, why is he smiling as if smiling? Because it is again a test for Arjuna and Krishna will be seeing, testing Arjuna’s expertise at conflict resolution when two of his relatives, his wife and his elder brother, they are at odds about what should be done to Ashwathama.
So, how will Arjuna resolve that situation? Krishna is calling upon Arjuna to do that and he is pointing, suggesting that he solve the problem and while knowing that it is not an easy problem to solve, Krishna smiles. For him, it’s a leela, it’s a test and he knows that Arjuna will pass the test. But he wants also the world to see the glory of Arjuna, his expertise in dharma and that will be revealed in the action that he undergoes in the future verses.
But before that, Krishna speaks to Arjuna in the next verses. So, the two verses he speaks, So, Krishna offers a summary of the situation, of the dynamics of that situation, the pros and cons of various courses of action. Krishna offers a quick summary.
He says, what are the principles involved? One principle is that a brahma bandhu should not be killed. That’s one principle. Atatai vadharanah.
That atatai, one who is aggressor should be killed. Mayaivo amnatham. That by me and by others, both of us, amnatham, it has been told like this.
Paripahai anushasanam. And this has to be done, one has to act according to scripture. So, there is a conflict in one sense in the scripture injunction and there is also in the conflict in the circumstantial desires.
So, on one side, scripture itself, different people can quote different rulings from scriptures. So, one ruling is that a brahmana, even a brahma bandhu should not be killed. And the other is that aggressor should be killed.
And then further, what is the other circumstantial conflict over here? Kuru patishrutham satyam. Kuru patishrutham satyam. You have to make sure, kuru means you have to do, patishrutham, you have to make your own word too, the word which you have spoken aloud.
Yatthu santveta priyam. So, what the promise that you gave to Draupadi, you have to make sure that you keep that word. This is the circumstantial pull that is there for the situation also.
At the same time, priyam cha bhima senase panchalya mahinyam eva cha. So, and there are multiple people who are dear to you. That is Bhima is dear to you as your elder brother.
Draupadi is dear to you as your wife. And I am also here. So, you have to please all of us also.
So, at one level, we might say that Krishna is being spectacularly unhelpful here. Rather than giving a solution, Krishna is actually by putting all the stacks together in one place and then putting all the stacks on the opposite side in other place. He is just giving a neat summary of the situation, which does not help in the resolution of the situation.
Krishna, why does he do like this? Krishna knows that Arjuna is expert and Krishna acts frequently to glorify his devotees by showing how they act rightly even when they are put in provocative situations. So, here Krishna will act appropriately based on, sorry, Krishna knows that Arjuna will act appropriately and Krishna is throwing the ball in Arjuna’s court here. And let us see how Arjuna deals with the situation.
सुतवाच अर्जुन सहसा घ्याय हरेर हार्दम अथासिन मनिम् जहार मूर्धन्यम् दुजस्य सह मूर्धजम् So, Arjuna sahasagnyaya. So, at that time, agnyaya, agnyaya rather. Agnyaya is knowing.
Gnya is to know. Agnyaya means to come to know. So, Arjuna at that time, he came to know.
हरेर हार्दम अथासिन So, he understood the motive of the Lord. He understood what Krishna wanted him to do. Because they had a heart-to-heart connection and they were so close to each other.
Sometimes when two people are very close to each other, there is a silent communication just by the eyes. Or even if there is no verbal communication, just by being together and being in a situation, they can read each other’s minds almost. So, Arjuna understood.
And of course, Krishna is present in Arjuna’s heart as the Paramatma and Arjuna is a devotee whose consciousness is tuned to Krishna’s consciousness. So, he understood Krishna’s intention and what did he do? Manim jahar murdhanyam. So, murdhan is the head.
So, there was a money on his forehead, which he had. Dvijasya sah, which he had been born with, of the twice-borns, is a murdhajam. Murdha is head.
Murdhajam is that which is born from the head. That is hair. So, he cut off his hair and cut off the jewel.
How does this action of, you know, one person is saying he should be punished, another person is saying he should be forgiven, how does Arjuna’s action of cutting off the hair and cutting off the jewel resolve the action? So, that is understood to the point that actually, for an honourable person, dishonour is often worse than death. As Krishna told Arjuna in the Bhagavad Gita, in the second chapter. So, here Ashwatthama has committed a dishonourable action and by his own actions, he is dishonoured.
And when the consequences come upon him, he is dishonoured by two things Krishna does to Arjuna. One is he disempowers him by taking away the jewel. The jewel which he had since his birth, that was a very powerful jewel.
That gave him a lot of power. So, when that jewel was taken away, he lost most of his power. And further, he lost his, his hair was cut off.
That means, it is known to everyone that he has been defeated and he is dishonoured. And hairstyle is often a matter of prestige. And cutting off the hair is clearly a matter of dishonour.
Time and time it again happens like this that, say for example, when Rukmini appears and he tries to attack Krishna and he tries to interfere with Krishna’s plan to unite with Rukmini. At that time, Krishna intervenes in that situation and he punishes Rukmini by cutting off his hair. So, that is a standard way of castigating upstarts.
So, Ashwathama also acted as an upstart here and he has been castigated in this way by cutting off his hair. Now, what to do in such a situation? So, Krishna is entrusted this to Arjuna and Arjuna, what does he do? He disempowers Ashwathama and he ensures that it is known that he has been dishonoured and he leaves the situation there. And he releases him.
That’s mentioned in the next verse, 56th text. So, he is released from the bondage of the robes, Krishna with him. Now, because he had already committed an abominable activity by killing the children, so he had already lost his hataprabha.
And further, when the money was taken away from him, then he lost effulgence further. He was driven away from the Shibiram. So, here we see that Ashwathama, the fugitive, he had been caught, imprisoned, arrested and now released and left to his own means.
He had been dishonoured in such a way that he will see that he did not go to his house, he did not go to the place where he had stayed with his father, he did not go to his mother. What he does, he tries something despicable again in future, that will be mentioned in the next chapter. Here, 57th text goes on.
वपनम् द्रविणा दानम् स्थाना निरयापनम् तथा एशहि ब्रह्म बन्धोनाम् वधोनान्योस्ति दहीकह Means in terms of the body, वधोनान्योस्ति, a brahmana should not be killed. That is the injunction regarding scriptures, regarding scriptures about brahmanas. वपनम् वपनम् means cutting off their hair, cleaving the hairs from the head.
द्रविणा दानम् that is taking away their wealth, द्रविण is wealth, confiscating their wealth. स्थानान् निरयापनम् तथा and driving him away from the resistance. निरयापनम् driving him away.
एशहि ब्रह्म बन्धोनाम् These are the punishments which are prescribed for the brahmanas. So there is, there is dharmashastra which gives various codes of conduct and dharmashastra can vary according to time, place and circumstance. A judge is required even when there are exhaustive law codes.
Because even amidst exhaustive law codes, there is no guarantee that any particular case will fit neatly into a particular law code. So for the case to fit properly within a particular legal framework is unlikely. Real life situations have many nuances, many complexities and that’s why there has to be a judge and there have to be lawyers.
And even the criminal, even a criminal in the most obvious crimes where the criminal is clearly culpable, even in such a situation, the criminal requires some sort of defense. Without that defense, it’s considered to be an improper situation. So there are some lawyers, if the criminal can’t hire lawyers, doesn’t have money or whatever, then the government provides some lawyers.
As an advocate and that’s how the case moves onwards. So essentially, the point is that there has to be the proper administration of justice. And here, Suta Goswami is informing us about the rightness of the action of Arjuna by quoting the appropriate scriptural principle over here, which says that brahmanas should not be killed.
But they can be punished in the way in which Arjuna punished them. Then the chapter concludes here, text 58, पुत्रशोकातुरह सर्वे पाण्डवासः कृष्णया स्वानाम् बृतानाम् यत्कृत्यम् चक्रूर् निरहरणादिकम् So then, पुत्रशोकातुरह सर्वे, now all of them were afflicted by the grief of having lost their sons. पाण्डवासः कृष्णया So, Krishna was also there, Draupadi was also there.
And स्वानाम् बृतानाम् यत्कृत्यम् So after people die, there are some last rites to be performed to do what we can for providing an auspicious destination for them. स्वानाम् बृतानाम् यत्कृत्यम् चक्रूर् निरहरणादिकम् निरहरणादिकम् means that whatever appropriately undertakable, those last rites were undertaken. When we live in a society, in a family, in a society, there is an interconnected network within which we live.
And this interconnected network means that we have our relationships, we have obligations and we take care of our loved ones as long as they are alive. And when they depart, then also we have an obligation to them. And the Pandavas, the whole family did the needful, the proper rituals for the sake of their departed sons.
Normally, the Vedic standard is that when a person dies, it is the son who performs the last rites. But in this case, it is the sons who had died and they had been so young, they did not have their own sons. So the last rites had to be performed by their elders, their fathers.
This is a disruption of the natural order. And it was not just the death of the Pandavas sons that was causing them grief. It was the fact that they died when they were so young and they died in such a brutal way, they were killed so brutally.
That was what afflicted them. So prior to that Abhimanyu had also been killed in a brutal way, unarmed and outnumbered. And their other sons had also now been killed.
Pandavas were in grief stricken, but still they did not deviate from Dharma, but completed their Dharmic obligations by ensuring that the deceased got their dues in the form of the appropriate final rites.