CHAPTER I

INTRODUCTION

HISTORY OF THE DHARMASUTRAS

The whole Vedic literature has been the main fountainhead of

Indian culture and civilization. The Dharmasutras, forming an important

section of the Vedic literature are considered the compendium of Aryan culture

as they shed prismatic light upon the socio-religious practices of the Vedic

people. The Dharmasutras, as the title suggests, lay down rules and regulations

about the rights and duties of the Aryan people, which are to be discharged

during the different stages of their life. They, mainly, dwell upon a code of

standard conduct for an individual and, additionably, include in their scope the

treatment of social, economic, political, religious and other aspects of an Indian

society.

The Term dharrna - Its Meaning and Scope

The sacred word dharma is used from early Rgvedic period in a

number of various senses, viz. nature, ordinance, usage, duty, righteousness,

justice, morality, virtue, religion, sacrifice, good works etc. It is derived from

the root dhr meaning ‘to uphold’, ‘to support’, ‘to nourish’ etc., and in the

Rgveda, the word dharma or dharman is used several times in its masculine
1
and neuter forms.1 In various contexts of the Rgveda, the word dharman is

used to mean the religious ordinances or rites.2 Again the same Veda reads, tani
l

dharmani prathamanyasan (1.164.50, 10.90.16) prathama dharma (3.17.1),

sonata, dharmani (3.3.1) and in these passages, the meaning of the term

dharman seems to be the ‘fixed principles or rules of conduct.’3 The

Atharvaveda uses the term dharma in the sense of ‘merit acquired by the

performance of religious rites.’4 In the Aitareyabrahmana, it is used in an

abstract sense, i.e. ‘the whole body of religious institutions’.5 In the

Brhadaranyakopani$ad, the word dharma and satya (truth) are treated as

equivalent.6 7In an important passage of the Chandogyopani$ad, it is used to

7
mean the peculiar duties of the four stages.

1. Vide, Kane,P.V., History ofDharmasastra, Vol. l,Part l,p.l

2. a) trini pada vicakrame vi$nurgopa adabhyah/
ato dharmani dharayan // RV., 1.22.18
b) vrsa soma dyuman asi vrsa deva vrsa vratah/
vrsa dharmapi dadhise// Ibid., 9.64.1
3. Vide, Kane,P.V., Op. cit., Vol. 1, Part l,p. 1
4. rtarii satyarii tapo rastram sramo dharmasca karma ca/
bhutam bhavisyaducehiste vhyam laksmlrbalam bale// AV., 9.7.17
5. dharmasyagoptajanlti... abhimantrayeta/ AB., 7.17
6. yo vai sa dharmah satyarii vai tattasmat-
satyarh vadantamahurdharmam vadatTti/ Br.U., 1.14.14
7. Cha.U., 2.23.1

2
 In the Srlmadbhagavadgita, Lord Krsoa uses the word dharma to

denote the particular duties of the castes.8 In the Smrti literature also this word

is used in the same sense. The sages requested Manu to impart the instructions

about the dharmas of the castes.9 The sages also requested Yajnavalkya in the

same manner.10 Apastamba states in his work “Now we shall expound the

samayacarika dharma, i.e. injunctions, restrictions, and prohibitions of the

people.”*11 Haradatta in his commentary on the Gautamadharmasutra states that

the expounders of Smftis dilate upon dharma as fivefold, viz. Varnadharma,

Asramadharma, Ubhayadharma, i.e. Varnasramadharma, Gupadharma and

Naimittikadharma}2 Here dharma means simply duty of the people.

Jaimini defines dharma as ‘a desirable object itself and its

8. ... svadharme nidhanam greyab .../ BG., 3.35

9. bhagavan sarvavarnanarii yathavadanupurvasah/

antaraprabhavananca dharman no vaktumarhasi// MS., 1.2

10. yoglsvaram yajnavalkyam saiiipujya munayo’bruvan/

varnasrametaranam no bruhi dharmanasesatah// YS., 1.1

11. athatah samayacarikan dharmanvyakhyasyamah/ ADS., 1.1.1

12. paficavidho dharmah - varnadharma asramadharma-

ubhayadharmo gunadharmo naimittikadharma^ceti/
Haradatta on GDS., 3.1.1

3
binding character is by reason of the Vedic injunctions.’13 According to the

Vaise$ikasiitra, dharma means ‘from which accrues happiness and final

beatitude.’14 The Mahabharata states that not killing living creatures is the

highest one among all the dharmas.15 According to Manu, contentment,

forbearance, non-attachment to worldly concerns, non-avarice, purity,

subjugation of the senses, knowledge of the immutable principles, erudition,

truthfulness and non-irascibility these are the ten specific attributes of virtue

{dharma)}6 Vasi§tha states that, speaking the truth, refraining from anger,

giving gifts, not killing living creatures, and fathering children, these are the

common duties of all classes.17 Again, good conduct is regarded as the highest

virtue for all and people should always practise righteousness, i.e. dharma but

not unrighteousness, i.e. adharma and one should speak the truth, not false

13. codanalaksano’rtho dharmah/ [Link]., 1.1.2

14. Vide, Kane,P.V., Op. cit, Vol. 1, Part Lp. 5
15. ahimsa paramo dharmab / Mbh., Anusasanaparva, 115.1
16. dhrtib k$ama damo’steyam saucamindriyanigrahab/
dhlrvidya satyamakrodho dasakam dharmalak$anam// MS., 6.92
17. sarve§arfi satyamakrodho danamahimsa prajananam ca/ VDS., 4.4
18. acarab paramo dharmab sarve?amiti niseayah/
dharmam carata madharmam satyam vadata manrtam/ Ibid., 6.1 ;30.1
4
 The word dharma is firmly related to karman, i.e. action, duty.

The ancient law-books have dealt with in detail, about the duties of the people.

A man is called as excellent one among all the created beings.19 So in a society,

men are bound to maintain the social-responsibility to all. The practice of

devotion to God, truthfulness, service to one’s parents, control over the mind

and senses, observance of the vows of continence, non-violence, non-stealing,

contentment, compassion, charity, forgiveness, purity, humility and the like,

these are the common duties of people. People can acquire an immortal life by

dint of their own virtues.

Though one of the meanings of the word dharma is the

performance of sacrifice in the early Vedic period, it, thereby signifies the

duties and responsibilities of the people. Because sacrifice is related to action.

Every good action which is performed in an altruistic spirit should be taken as

covered by the term ‘sacrifice’.

In its broader sense, dharma means religion also, which enjoins

many ordinances to be strictly followed. In this world people are there who

follow various religious doctrines and at the same time, they believe that their

religion is different; but really the religion is one, only its application is in

various ways, i.e. the aim of religion is one and the same.

19. puru§ab yab parardhyab pasunam/ §B., [Link]

5
 According to Swarm Vivekananda, “As so many rivers, having

their source in different mountains, roll down, crooked or straight, and at last

come into the ocean — so all these various creeds and religions, taking their

start from different standpoints and running through crooked or straight

Oft
courses, at last come unto Thee.”

Principal Sources of dharma

The Vedas are the primary literature of the world and thereby

these are the source of later literary works. Gautama says that the Veda is the
01
source of dharma and the tradition and practice of those who know the Vedas.

According to Manu, there are five different sources of dharma, viz. the whole

Vedas, the Smftis, the practice of those who know the Vedas and Smrtis, the

traditions of such learned persons and the actions of one which is pleasing to

one’s ownself. Yajnavalkya also supports Manu’s view. But he additionally

mentions about fourteen kinds of sources of dharma, viz. the Puranas, the

20. cf. Swami Chidatmananda,(ed.) Teachings ofSwam! Vivekananda, p.244

21. vedo dharmamulam/ tadvidam ca smrtislle/ GDS., 1.1.1,2

22. vedo’khilo dharmamulam smrtislle ca tadvidam/

acarascaiva sadhunamatmanastustireva caH MS.,2.6

23. srutih smrtih sadacarah svasya ca priyamatmanah/

samyaksamkalpajah kamo dharmamulamidam smrtam// YS., 1.7

6
Nyayasastras (logic), the Mmamsa, the Dharmasastras, the four Vedas

including their six limbs.24

Again Haradatta states that, if the practice of those who know the

Veda is considered the source of dharma, then the adultery of Kataka and

Bharadvaja, Vasistha’s marriage with the Candall Ak$amala, Prajapati’s

incestuous relationship with his daughter, Rama Jamadagnya’s murder of his

own mother etc., also may be considered the source of dharma. But it is not

so. Gautama states that transgressions of the law and violence are seen in the

case of those great people but these are not to be ignored, if it happens in case

of the avara, i.e. the people of later ages, on account of their weakness.

Thus, the Vedas, Smrtis traditions etc., are considered the sources

of dharma. Among these, the Vedas along with the Vedangas are regarded as

the most authoritative works on matters of dharma and the

24. purananyayamlmamsadharmasastrangamiSritah/
vedah sthanani vidyanam dharmasya ca caturdasa// Ibid., 1.3

25. yadi Mampramanam ... sahasamapipramanam syat/

Haradatta on GDS., 1.1.3

26. drsto dharmavyatikramah sahasarh ca mahatam/

avaradaurbalyat/ GDS., 1.1.3,4

7
ancient law-books are given the second position after the Vedas and its limbs.

P.V. Kane states that the later rules contained in the Dharmasutras and other

works on DharmaSastras had their roots deep down in the most ancient Vedic

tradition and the authors of the Dharmasutras were quite justified in looking up
<yj
to the Vedas as a source of dharma.

There are various sources of dharma, but when the injunctions of

28
equal force are in conflict with each other, one should take one option.

According to Jabali, generally people should follow the Smrti precept if there is

no conflict between the Sruti and the Smrti, but if there is a conflict between the

two, the Sruti must prevail.29 In case of conflict among the sources of dharma,

i.e. Sruti, Smrti, sadacara and the like, each preceding one is more powerful
<1A

than each succeeding one. Manu adds that in a state of any opposition, one

should always follow his father, grandfather and other

27. Vide, Kane, P.V., Op. cit., Vol. 1, Part 1, p. 9

28. tulyabalavirodhe vikalpab/ GDS., 1.1.5

29. srutismrtivirodhe tu Srutireva garlyasl/

avirodhe sada karyam smartam vaidikavatsada// Haradatta, Ibid.

30. ete§am virodhe purvapurvasya ballyastvam/ Mitak$ara on YS., 1.7

8
ancestors.31 Again, it is also hold that in a conflicting case, the opinion of the

majority should prevail.32 In case of conflict between two Smrti precepts, the
33
reconciliation based tin usage must prevail, holds Yajnavalkya.

The Two Terms — dharmasastra and dharmasutra

As a grammar is most essential to perfectly know a language, thus

a law-book is too essential to keep a society or a nation in order. From the

dawn of Vedic period, the ancestors felt that without law people would not live

peacefully in a society, for which they prepared some law-books, viz.

Dharmasutra, Smrti, etc. According to Manu, the sages requested him first to

give instructions about the dharmas of the castes.34

The subject-matter of all the law-books is comparatively same.

They discuss in detail about the sources of dharma, the duties of the four

Yarn as and ASramas, various types of samskaras including marriage,

31. yenasya pitaro yata yena yatab pitamahab/

tena yayat satam margam tena gacchanna ri$yate// MS., 4.178

32. Vide, Kane, P.V., Op. cit, Vol. 5, Part 2, p. 1266

33. smrtyorvirodhe nyayastu balavan vyavaharatab/ YS., 2.21 .a

' /

34. bhagavansarvavaroanarh yathavadanupurvasah/

antaraprabhavanam ca dharmanno vaktumarhasi// MS., 1.2

9
different varieties of sraddhas, rules for taking food, woman’s property,

different kinds of son, inheritance, duties and responsibilities of the king, rules

for taxation, witnesses, moneylending system, various kinds of sins, expiations,

penances etc.

Though all the law-books deal with the same topic yet they are

known by different names viz. Dharmasutra, Dharmasastra and Smrti.

According to Manu, a Dharmasastra is called Smrti?5 Again the word Smrti is

applied to all ancient orthodox non-Vedic work like, Pacini’s grammar, to the

Srauta, Grhya and Dharmasutras, to the Mahdbhdrata, to the Manusmrti,

Yajnavalkyasmrti and others.36 Sometimes the word Dharmasastra is used to

denote the Dharmasutra also, e.g. the Gautamadharmasutra is mentioned as

Dharmasastra in the introductory verse of Haradatta’s commentary.37

According to S.C Banerji “while all Dharmasutras are DharmaSastras, all

Dharmasastras are not Dharmasutras.”38 Most probably, in early period, there

were no such divisions like Dharmasutra, Smrti etc., but in later

35. ... dharmaSastram tu vai smrtih/ MS., 2.10

36. Vide, KaneJP.V., Op. cit., Vol. 1, Part 1, p. 299
37. namo rudraya yaddharmasastram gautamanirmitam/
kriyate haradattena tasya vrttirmitaksara// Haradatta on GDS., 1.1.1
38. cf., Baneiji, S.C., Dharmasutras - A Study in Their Origin and
Development, p. 36

10
 • 29 tti

period, the scholars distinguish the Dharmasutras from the Smrtis. The

differences between the two works ,viz. Dharmasiitra and Smrti are as follows:

(i) The Dharmasutras are composed in aphoristic language, i.e. in Sutra style

whereas the Smrtis are composed in verse, (ii) The language of the

Dharmasutras is more archaic than the Smrtis. (iii) The older Dharma-sutras do

not claim any divine origin while the Smrtis like Manusmrti, Yajhavalkyasmfti

etc., are ascribed to gods like Brahma, (iv) The Smrtis like Yajnavalkyasmfti

and others arrange their contents into three principal heads, viz. acara,

vyavahara and prayascitta but in the Dharmasutras, it is not seen, (v) Most of

the Dharmasutras are either parts of the Kalpasutra or show deep resemblance

with the Grhyasutras, while the Smrtis do not have such resemblance, (vi) The

Dharmasutras belong to certain Vedic schools to which they are studied, but

this tradition is not seen in the Smrtis.

Thus, the two works, viz. Dharmasiitra and Smrti obviously differ

from each other. The Dharmasutras are regarded as the source of later metrical

Smrtis.40 According to Maurice Wintemitz the versified law-books followed

the ancient Vedic Dharmasutras in later period.41 Max Muller

39. Vide, Kane,P.V., Op. cit., Vol. I, Part 1, p. 21

40. Vide, Banerji, S.C.,Op. cit., p. 37
41. Vide, Ibid

ii
considers “The Sutras as the principal source of the metrical Smrtis .. .”42

History of the Dharmastttra Literature

The whole Vedic literature is divided into two parts, viz. Mantra

and Brahmana,43 In his introduction to the commentary on the Rgveda,

Sayanacarya also states very clearly - mantrabrahmariatma-kasabdar-

dsirvedah The Mantra or Samhita portion is a collection of hymns, prayers,

incantations, benedictions, sacrificial formulas and litanies, whereas the

Brahman as are extensive prose-texts which contain theological discussion on

the Mantras, especially observations on the sacrifices and the mystical

significance of different sacrificial rites and ceremonies. The Mantras are in

the metrical form to a large extent and the Brahmanas are in prose. According

to Maurice Wintemitz, “The word brahmana (neutral) means primarily an

explanation or expression of a learned priest, a doctor of sacrificial science on

some point of the ritual”.44 The Brahmanical literature was not authored by the

Brahmins at large; but by the few who belonged to expert traditions of

knowledge. These traditions were along the lines of the

42. cf. Max Muller, F. (ed.), The Sacred Books of the East, Vol. 2,
Introduction, p. x, notes
43. mantrabrahmapayorvedanamadheyamA Ap. Sr. S., 24.1.31

44. cf., Wintemitz, Maurice, A History ofIndian Literature, Vol. 1, p. 174

12
‘Vedic branches’ (sakha) or schools. The four Vedas were studied differently

in different places. This tradition of study is called as particular branch, i.e.

sakha of a Veda. The difference between the branches of any particular Veda

relates chiefly to the arrangement of the text.

The Brahmana literature is again divided into three parts, viz.

Brahmana, Aranyaka and Upani$ad. Among these, the Brahmanas deal with

the science relating to the physical application of various rituals for various

purpose, the Aranyakas concern themselves with subtle and mystic

interpretations of the contents of the Brahmanas. The concept of philosophy

envisaged by the esoteric Aratiyakas led to the growth and development of the

Upanisadic literature. The Upanisads contain the philosophical discussions on

Vedic metaphysics and spiritualism and ultimately establish the Absolute as the

Supreme Brahman.

From the nature of the subject-matter, the Vedas have two distinct

aspects, viz. Karmakdnda (ritualistic aspects) and Jnanakanda (speculative

aspects). The Samhitas and Brahmanas contain ritualistic aspects as they are

mainly concerned with sacrifices and other rituals and the Araijyakas and

Upanisads established the speculative aspects. The Vedic literature also

comprises six limbs (Vedahgas), i.e. auxiliary sciences of the Vedas. These six

13

77 3/g
limbs are, for the first time, enumerated in the Mundakopanisac?5 of the

Atharvaveda, viz. Siksa (Phonetics), Kalpa (Science detailing Vedic rituals and

disciplines), Vyakarana (Grammar), Nirukta (Etymology), Chandas (Metres)

and Jyotisa (Astronomy). Among these six limbs the Kalpa is called as the

hands of the Vedapurusa46 as it has its prime importance in the Vedic literature.

The term Kalpa is derived from the root kip, to build up. Again in the JRgveda

(9.9.7) it is used in the sense of a Vedic performance. The contents of the

Kalpasutras are framed in the form of sutras, i.e. aphoristic rules. The

Kalpasutras deal with Vedic sacrifices, household ceremonies and customary

law. Haradatta states that the main object of the Kalpasutras is to explain the

procedure of the rites enjoined in the Vedas.47 The Brahmatya literature is the

prime source of the Kalpasutras. Ram Gopal observes48 “Moreover a number

of sacrifices described in the Kalpasutras are found discussed in the Brahmanas

45. tatrapara rgvedo yajurvedab samavedo’tharvab sik$a kalpo

vyakaranam niruktam chando jyoti$amiti... ! Mun.U., 1.1.5

46. chandab padau tu vedasya hastau kalpo’tha pathyate/ Pa. Si., 41, a

47. Vide, Baneiji, S.C., Op. cit., p. 9

48. cf. Gopal Ram, India of Vedic Kalpasutras, p.l

14
and it is obvious that the Kalpasutras are indebted to the Brahmanas.” But the

Brahmaoas and the Kalpasutras certainly differ from each other in regard to

their aim and scope. The aim of the Brahmanas is to express the significance

of various acts in Vedic sacrifices and to settle ritualistic doctrines whereas the

Kalpasutras furnish a systematic statement of all the Vedic sacrifices and

customs prevalent during die time of their composition. The Kalpasutras

record the rituals and traditions in their respective schools. The whole

Kalpasutras are divided into four broad divisions, viz. Srautasutra, Grhyasiitra,

Dharmasutra and Sulvasutra. Among them, the Srautasutras discuss

thoroughly the sacrifices as mentioned in the Brahmanas, the Grhyasutras

discuss about the rites and customs which are concerned with the domestic life

of the Aryan people. Again, the Sulvasutras are connected with the

Srautasutras. The word Sulva means rope for measurement and in this

literature a detailed description about the erection of different sacrificial alters

is furnished. The Sulvasutras may be looked upon as the earliest literature on

Indian geometry.

The Dharmasutras are another important part of the Vedic

Kalpasiitra. The word dharmasutra means sutras dealing with dharrna. A

sutra means a short or concise technical sentence used as a memorial rule,

which are composed in a peculiarly cryptic, aphoristic language. The lucidity,

15
brevity, completeness, etc., are the salient traits of the sutra style.49 The brevity

of the subject-matter is most important character of the sutras. It is said “An

author rejoiceth in the economizing of half a short vowel as much as in the

birth of a son.”50 Most of the Dharmasutras are written in sutra style but the

brevity of these sutras is not same as grammatical sutras, which are traceable in

Panini’s A$tddhyayi and the like. The Dharmasutras sometimes only use the

proper sutra style and some of the passages of the Dharmasutras extend over

half a printed page or even more.

The Dharmasutras are closely connected with the Grhyasutras in

their contents. The Grhyasutras give a detailed description about the sacred

domestic fire, the regular morning and evening oblations, sacrifices on new and

fiill moon, annual sacrifices, various sacraments like vivaha, pumsavana,

jatakarman, upanayana etc., rules for studentship, list of holidays, sraddha

offerings and the like. The Dharmasutras also describe some of the subjects

noted above, like, marriage, upanayana and some other sacraments, rules for

Brahmacarya and snatakas, rules for sraddha rites and the like. Mainly, the

Grhyasutras deal with the domestic rites and customs of the Arya people

49. Vide, Banerji, S.C., Op. cit., p. 9

50. cf. Max Muller, F., A History ofAncient Sanskrit Literature, p. 37

16
whereas the Dharmasutras deal, mostly, with the social, religious, political and

economic life of the people. But all the subjects treated in the Dharmasutras as

a whole, may be included into three broad categories, viz. Varriadharma,

Asramadharma and Naimittikadharma.

In Varriadharma, the Dharmasutras enumerate castes and inter­

castes, their duties and occupations, duties of king in a kingdom, civil law,

criminal law, taxation, system of government, administration of justice, and

laws of war etc. In Asramadharma the authors of the Dharmasutras discuss

about the four Asramas, viz. Brahmacarya, Garhasthya, Vanaprasthya and

Sannydsa. In this section, they discuss about the duties of students and teacher,

the rules of Upanayana, holidays, duties of snatakas, duties of householders,

duties of forest-hermits, duties of mendicants, the law of marriage, conjugal

relationship, the types of sons, the law of succession, daily sacrifices, and rites

for the manes etc. In the section entitled Naimittikadharma, the Dharmasutras

enumerate various kinds of sins and prescribe penances for the atonement of

sins. They lay down rules regarding the period of impurity and purification

after death and birth, rules for taking food and the like. The Dharmasutras, thus,

deal with in detail the following subjects: the sources of dharma, the duties of

four Varnas and Asramas, various samskaras like Upanayana, marriage, etc.,

the duties and responsibilities of the king, rules for taxation, ownership,

guardianship, witnesses, money-lending system, crimes and punishments,

17
partition, inheritance, various kinds of sons, impurity and purification after

death and birth, different kinds of sraddhas, rules about food-taking, duties of

women, woman’s property, levirate and its conditions, various kinds of sins

and their expiations and different kinds of penances etc. The Dharmasastras or

Smftis also deal with these topics under three main heads, viz. acara (rites),

vyavahara (dealings), and prdyascitta (expiation).

The Indian literature, there are various works on law attributed to

different Acarys. Yajnavalkya mentions about twenty expounders of dharma,

viz. Manu, Atri, Vi$nu, HarXta, Yajfiavalkya, Usana (sukra), Angira, Yama,

Apastamba, Samvarta, Katyayana, Brhaspati, Parasara, Vyasa, Satfikha,

Likhita, Dak§a, Gautama, Satatapa and Vasi§tha. In this list, he has not

included Baudhayana and has shown Sarhkha and Likhita as two distinct

person. Vijnane£vara states that this is not a formal list of expounders of

dharma but simply an enumeration only.52 Again Apararka mentions about

thirty-six Smrtis; the Vrddhagautamasmfti mentions a list of fifty-seven

51. manvatrivisnuharitayajnavalkyo^ano ’ rigirah/

yamapastambasamvartah katyayanabrhaspati//
parasaravyasasankhalikhita daksagautamau/
satatapo vasisthasca dharmasastraprayojakah// YS., 1.4,5

52. neyam parisamkhya, kirfitu pradar^anarthametat/ Vijnanesvara, Ibid

18
Dharmasastras; the Prayogaparijata quotes about eighteen principal Smrtis,

eighteen Upasmrtis and twenty-one other Smrtikaras. The Mahabharata and

the Ramayana also contain numerous passages bearing on many of the topics

of dharma. The Mahabharata itself declares that it is at the same time an

Arthasastra, a Dharmasastra and a Kamasastra.54 Thus, there are various

works on law in Indian literature.

In Indian literature, there is no means to determine the exact

number of Dharmasutras that were originally composed. S.C. Baneiji classifies

the Dharmasutras into two groups, viz. the major works and the minor works.

According to him,55 “The Dharmasutras that have hitherto come to light may be

characterized as ‘major’, while those, which are known only from quotations

found in later Smpti digests, may be designated as ‘minor’,...” The

Gautamadharmasutra, the Baudhayanadharmasutra, the Apastambadharma-

siitra, the Vasi$thadharmasiitra, the Visnusmpti (Vi$Qu-dharmasutra) and the

Vaikhanasa-smarta-sutra are included into the major works.56

53. Vide, Kane,P.V., Op. cit, Vol. 1, Part 1, pp. 303-304

54. arthasastramidam proktam dharmasastramidam mahat/
kamaSastramidam proktam vyasenamitabuddhina//
Mbh., Adiparva, 2.83
55. cf. Baneiji, S.C., [Link], p.13
56. Vide., Ibid., p. 15

19
The law-books of Atri, Usanas, Kanva, Kativa, Kasyapa, Kasyapa, Katyayana,

Gargya, Cyavana, Jamadagni, Jatukarpya, Devala, Javali, Prajapati, Paithlnasi,

Pracetas,Budha, Bfhaspati, Bharadvaja, Bhargava, Yama, Likhita, Laugaksi or

Logaksi, Sarikha, Sankha-Likhita, Satatapa, Salyavrata, Satya§adha, Sumantu,

HMta, HiranyakeSin etc., are included into the minor works. Though, there

are numerous Dharmasutras in Indian literature yet all works are not popular.

Again P.V. Kane states that, “The Dharmasutras are only a few while there are

dozens of Dharmasastras.”58

The Major Dharmasfltras - An Introduction

(i) The Baudhayanadharmasutra

The Dharmasutra of Baudhayana belongs to the Taittinya school

of the Yajurveda, and it is regarded as part of the Baudhayanakalpa ascribed to

Baudhayana. This Dharmasutra is divided into four prasnas. The fourth

prasna is composed in verses and some of its rules are incongruous with those

contained in the previous pra&ias. The fourth prasna seems to be a later

addition. The tenth chapter of the fourth prasna is almost identical with the first

chapter of the third prasna of the Gautamadharmasutra. Baudhayana was a

teacher of die Kr$nayajurveda. It is assigned to the period between

57. Vide., Ibid., pp. 51-58

58. cf. Kane,P.V., Op. cit, Vol. 1, Part 1, p. 301

20
600 B.C. to 300 B.C. Bhavasvamin was the oldest commentator of the
t 1
Baudhayanadharmasutra. Again Govindasvamin wrote a scholarly

commentary on it.

(ii) The ApastambadharmasUtra

The Dharmasutra of Apastamba belongs to the Taittirlya school

of the Yajurveda, which is composed in a more concise and compact style than

that of Baudhayana. The whole Dharmasutra is divided into two main

divisions called prasna. Each of the two prasnas is again divided into eleven

patalas and again into some kandikas, there being thirty-two and twenty-nine

kandikas in the two patalas respectively. Apastamba is later than Gautama and

Baudhayana. The Dharmasutra of Apastamba bears some close relationship

with Jaimini’s Purvamimamsa as it contains many of the technical terms and

doctrines of the Mimamsa. Haradatta wrote an illuminative commentary on the

ApastambadharmasUtra called Ujjvalavftti.

(iii) The Vasitfhadh armasutra

The Vasi?thadharmasutra belongs to the Rgveda. It is divided

into thirty-two chapters. This Dharmasutra is a mixture of Sutras and verses.

The twenty-second chapter of the Vasi$thadharmasutra is the same as

Gautama’s first chapter of the third prasna and Baudhayana’s tenth chapter of

the third prasna and it seems to have been borrowed from the

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Gautamadharmasiitra. The Vasi$thadharmasutra is assigned to a period

between 300 B.C. and 100 B.C. Yajnasvamin wrote a commentary on the

Vasi$thadharmasutra.

(iv) The Visnudharmasutra

The Dharmasutra of Vi§nu belongs to the Katha school of the

Yajurveda. It contains one hundred chapters. The first and last two chapters are

entirely in verse whereas the remaining chapters are in mixed prose and verse.

The date of composition of this Dharmasutra is fixed between 300 B.C. and

100 B.C. Nandapandita Vinayakadharmadhikarf wrote a commentary called

Kesavavaijayanti on it.

(v) The Vaikhanasasmartasutra

The Dharmasutra of Vaikhanasa which belongs to the Taittiriya

school of the Yajurveda, is an authority on the duties to be observed during

Vanaprasthya. It deals mainly with the duties of the four Asramas and Varnas.

The Vaikhanasasmartasutra does not mention about the duties of a king,

administration of justice and sraddhas, which figure prominently in the other

Dharmasutras. It is divided into two prasnas.

A detailed introduction on the Gautamadharmasiitra, which figures

as one of the prominent Dharmasutras is furnished in the second chapter of the

work as the present study is based on it.

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Age of the Dharmasfltras

It is very difficult to find out the proper age of the Dharma-sutras.

But by virtue of some internal and external evidences, the scholars have drawn

some views about the age of the earlier law-books. In Nirukta, a discussion is

made regarding the inheritance, like the exclusion of daughters by sons and the

rights of the appointed daughter, i.e. putrika.59 In this connection, Yaska quotes

a verse and calls it a sloka which distinguishes it from a rk.60 Sage Manu is

mentioned in this verse as Manub Svayambhuva which is again mentioned in

the extant Manusmrti.61 The verse which is quoted by Yaska might have

contained in some earlier Smfti works and incorporated later on in the extant

Manusmrti which proves beyond doubt that before Yaska some works on law

existed in sloka style. Gautama quotes the views of the authors of other law­

books and mentions the word ityeke in several places, and refers to the views of

such acaryas in numerous places.62 Baudhayana and Apastamba

59. athaitam jamya rikthapratisedha udaharanti/

jyestham putrikaya ityeke/ Nir. 3.4,5
60. Vide., Kane, P.V., Op. cit., Vol. 1, Part 1, p. 12
61. putrandvadasa yanaha nroam svayarhbhuvo manub/
tesarh sadbandhudayadab sadadayadabandhavab// MS., 9.158
62. cf. GDS., 1.2.15,40,56; 1.3.1,35; 1.4.13,17,18; 1.6.6; 1.7.23; 2.4.12;
2.5.31,34; 2.6.11,20,31; 2.7.14,27,45; 2.9.7; 3.1.4,6; 3.3.6,8,14;
3.5.13,29; 3.6.4; 3.9.14; 3.10.17, 24,38
23
also mention the views of several earlier authors. Jaimini states about the duties

of Sudra as mentioned in the Dharmasutra.63 Patafijali also has mentioned that

in his days the Dharmasutras existed and their authority was regarded as very

high.64 From these evidences, P.V. Kane holds that “The Dharmasastra existed

prior to Yaska or at least prior to the period 600-300 B.C. and in the 2nd century

B.C. they had attained a position of supreme authority in regulating the conduct

of men.”65 The whole literature on Dharmasastra may be divided into three

well-marked periods.66 In the first period, i.e. the period from the sixth century

B.C. up to the beginning of the Christian Era, the Dharmasutras and the

Manusmfti were written. In the second period, i.e. from the first century A.D.

up to about 800 A.D. the versified Smrties were composed and in the third

period, i.e. from the seventh century up to the eighteenth century A.D., the

commentaries, Digests and Nibandhas were composed.

63. sudrasca dharmasastratvat/ [Link]., 6.7.6

64. Vide., Kane, P.V., Op. cit, Vol. 1, Part 1, p. 13

65. cf. Ibid., p.14

66. Vide, Sarma, Naliniranjan, The Kamarupa School of the Dharmasastra,

pp. 39-40

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