Yet, we cannot cast them away as mere intellectual works of limited vision. They were shaped with care to provide guidance from a divine perspective. In them, people will find a sincere attempt to provide practical solutions to possible social disorder, disarrangement, and moral confusion. In them people will find divine wisdom as purified by the human mind and filtered by perceptive intelligence. Hence, they are considered smriti rather than sruti.
The law books prescribed best possible solutions to each class of beings to chase the four principles of dharma, artha, kama and Moksha, but in doing so they were not completely free from the caste predilections that favoured a few social classes. They deceive a veiled attempt by clever minds to ensure status quo and preserve the social, economic and political privileges of select castes. With the use of authority of God and religion, the Dharma Shastras attempted to ensure the order and regularity of the world on an ongoing basis, but in that they were not completely successful as it is evident from the decline of their jurisdictional power following the decline of the power of Hindu rulers in the Indian subcontinent.
Nonetheless, on the positive side, they created a framework to imagine ideal human conduct and standards to distinguish the right from the wrong. They laid down elaborate rules to oversee human conduct and instil fear of moral and temporal power.
Some of the laws and principles of unfairness prescribed in the Dharma Sutras are bound to offend the sensibilities of present day educated Hindus, who have been heavily influenced by modern western education and brought up upon the values of equality, fraternity, individual liberty and social and moral justice. Many verses in them stand in contrast to these modern values and sound retrogressive. Therefore, when people study them, suspend their judgment and weigh the knowledge from an academic or historical standpoint as a work in progress.
It is reckless to use them as a reference to rationalise any social or gender inequality in current society or make an argument that people must draw inspiration from them to regulate their social conduct.
People may take from them a few principles that are still valid in the present day world and observe them in their life, but they may not use it as a reasonable point to argue their universal version. The Gautama Dharmasutra, most ancient the texts of the Dharmashastra, possibly composed sometime between and B. It was concerned with the sources of dharma, standards for both students and the uninitiated, the four stages of life, dietary rules, penance, rules concerning impurity, and many other regulations and rituals for Hindu life.
The Dharmasutra of Apastamba was possibly composed between and B. It is an extensive work with many aphoristic verses and meticulously detailed rituals for daily life. Some of the noticeable subject matter includes rules about marriage and married life, forbidden foods and dietary regulations, ritual purity, property laws, rebirth, and various penances.
This sutra details various methods of self-destruction that will exculpate violators of certain Hindu laws fornication with the wife of a religious teacher, drinking alcohol, theft, or murder of a high-caste man and relieve them of their impurity. It also includes contrary rules, including a ban of self-killing. The Vasishtha Dharmasutra was possibly written between and B.
This sutra is famous for its sections on adoption, but it also concerns justice, legal testimony, inheritance, interest rates, and other matters of social law. Several issues surrounding suicide are raised in the text, including penances for those who contemplate suicide or fail in an attempt at self-killing; these are unpermitted suicides. As in the Apastamba sutra, which it echoes, suicide can also be an act of expiation for unlawful behaviour, restoring one to purity after death.
The Manu-Smrti is the ancient and most prominent of the Dharma Sastras. The Laws of Manu are perhaps the most famous part of the Dharmashastra. The Laws of Manu communicated extensive regulations for many aspects of Hindu life, including rules governing religious offerings, purifications, rites, and many other religious and social practices. This code, like Hindu thought generally, differentiates between unpermitted and permitted suicides. In Book V, suicides are grouped with heretics, those who fail to perform the appropriate religious rites, and those of mixed caste: libations may not be offered to them.
In Book VI, the code compares the person who is alive to a servant awaiting payment from his master, explaining that one should neither "desire to die" nor "desire to live. Books VI and XI indicated the means by which the Brahmana or renouncer should separate himself from his body. Based on the teaching of the four stages of life, developed in the text in detail, the Laws of Manu hold that, after one has become old and passed through the three previous stages of life celibate religious discipleship, married householder status, and, after one's grandchildren are born, retirement to the forest.
One should simply walk in a northeasterly direction in this version, without food or water until one dies. It is in this stage that one becomes a sanyasin, attaining the highest level of spirituality. This expedition that ends in death is often called "the Great Departure. In terms of authority and admiration, it has important place next only to the Vedas from which it derives its authority.
It is usually considered as the most influential work on Hindu law. To elaborate sacred law, the treatise includes, in addition to the sacred tradition, individual conscience and the example of virtuous men.
Allowance must be made for local custom, and past usage must be considered in the settling of legal clashes. The king is assumed to be divinely created and ordained to shield the people from a cruel state of nature, but the absolutism of the European divine right argument is not found in the conception. The king embodies the virtues of eight deities; his authority is derived from the divine nature of his office and the significance of his crucial role in the preservation of the social order, as well as from the supernatural origin of his person.
It is said that such descriptions of monarchy as found in the Manu-Smrti and the Mahabharata are attuned only with hereditary kingship. Caste distinctions are also made the product of divine decree as well as the result of social necessity.
Brahman dominance is described and justified in the most exaggerated terms. In the Manu-Smrti and most of the law books, punishment increased in severity as social status weakened. Manu's text contain12 chapters with verses, it is evident from the translated work of C. Buhler, and other scholars. Manu's Samriti covers following topics K. Padhy, : 1. Social responsibilities, obligations, duties of various caste and individuals in different stages of life.
The way a perfect and righteous king of rules and punishes the criminals and transgressors of law in his kingdom. Social relations between man and woman of different caste and of husband and wife in privacy of the house.
Birth, death and taxes. Cosmogony, karma and rebirths. Ritual practices. Error and restoration. In his valuable work, Manu elaborated the text on following K. Padhy, : - Origin of universe and rules for the rituals. It can be said that text of Manu focused on life, how is it or how it should be? It is about Dharma which covers notions like religion, duty, law, right, justice, practice and principle K. Padhy, It describes religion in its entirely good and bad effect of the past actions and the external code of conduct of four classes of people.
The code is the highest law and it is described in the revealed canon and in tradition. Therefore, a twice born person who is self-possessed should always practice it. He who fails to do so does not reap the fruit of the Veda. Its strict adherence ensures full enjoyment of the fruit.
Manu's text though ancient cannot be ignored for its comprehensiveness. It covers family life, psychology, human body, sex, relationship between humans and animals attitude to money and material possession, politics, law, castes, purification and pollution, rituals, social practices and ideals, world renunciation and worldly goals.
Manu's teaching inspire humans to fulfil his promises and liberate himself from the consequences of his past deeds. He not only purifies himself of all his sins but help his predecessors and successors up to seven generations in achieving salvation. Manu's law are found in Vedas K. When it was found by the intellectuals of the then Hindu society that the rules as laid down by Manu needed a revision, Yajnavalkya collected his own code in around A.
However this Smriti follows the same pattern as of Manu Smriti in the treatment of subjects, it is scientific and more systematic. It evades replication. Ghose stated that though Manu's authority is unquestioned by all Hindus, it is the law of Yajnavalkya by which they are really governed.
Yajnavalkya Smriti contained verses divided into three chapters namely achara, vyavahara and prayaschitta. It is thought that the deep influence of the teachings of Buddha had great impact on the society which has found itself expressed in the form of more humane provisions of law in the Yajnavalkya Smriti. When comparing Manu Smriti text, Yajnavalkya Smriti is very brief, scientific and practical.
By writing explanation on Yajnavalkya Smriti under the title, Mitakshara, Vigneshwara greatly advanced the prestige and authority of Yajnavalkya Smriti. Vigneshwara was a south Indian who lived during A. The interpretation of Vigneshwara has been recognized as the paramount authority on Hindu law in the whole of India except the province of Bengal, where the Jumutavahana's code known as Dayabhaga controls supreme.
Narada Smriti: This Smriti consists of verses. Jolly who has translated this Smriti pronounces that the date of this Smriti is later than A. Narada has not been quoted by Kautilya and so he must have been certainly after Kautilya and not prior to him.
This Smriti exclusively deals with forensic law, both substantive and technical without any reference to penance and other religious matters. Thus, Narada Smriti makes a departure from the earlier works and can be considered as purely relating to law. It deals with courts and judicial procedure and also lays down the law regulating the 18 titles with great clarity. Narada was independent in his interpretations and did not allow himself to be bound by the earlier text. This Smriti is noteworthy for its liberal views on various matters.
For instances, in the matter of inheritance, Narada Smriti provides for an equal share in property for the mother along with her sons after the death of her husband. In marriage, he holds that a widow as well as a wife whose husband is impotent or absconding is entitled to remarriage. In politics Narada was par excellence champion of royalty. He is the solitary writer who went to the extent of maintaining that even a worthless ruler must be constantly worshipped by his subject. A basic principle of Hindu political thought was the faith that the king must consider himself not as the creator of the law but only as its guardian.
The Narada-Smrti is an omission. In this work the royal decree is regarded as legitimate in its own right. Perhaps the most authoritarian of Indian writers, Narada stressed that the king be obeyed whether right or wrong in his actions.
Narada Smrti refers to four successive versions of the Manu's code. The original text had 1,00, slokas with 1, chapters when it was first given to Narada. Narada is said to have edited it before he passed it on to Markandeya with 12, slokas. Markandeya in turn taught it to Sumati, the son of sage Bhrgu, as consisting of 8, slokas.
Sumati reduced it to 4, slokas. But the present form of Manu Smrti, as it comes to public, include only of 2, slokas spread over 12 chapters. Nevertheless, the legitimacy of Narada Smrti is generally considered to be uncertain as it belongs to the early centuries of the Christian era. The above account of the Narada Smrti may be not reliable.
However, its suggestion that Manu Smrti had different versions need not be disregarded. As to the exact date of the Smrti, there are contradictory views held by different researchers.
Indian chronology has been so challenging that it is difficult to determine the exact periods of most of the ancient Sanskrit texts and Manu Smrti is no exception.
However, It can be accepted that the code had an oral tradition for about three centuries before it acquired present form around second century B. However, from about the third century B. This mindfulness can be understood in the Dharma Sastra work credited to Yajnavalkya.
Judicial offices were generally to be filled by brahmans, since no man could be judged by one who was not at least his social equal and since the sin involved in the crime must also be judged. I agree to the terms dhrma privacy policy. One is part of Vaisvadevam. The Dharmasutras can ddharma called the guidebooks of dharma as they contain guidelines for individual and social behavior, ethical norms, as well as personal, civil and criminal law. Click here to access the Tamil version of this article from this website.
By living in a village where firewood, water etc. This is also a special feature in our Dharmasastras. Some dharmas are instructed only for a different yuga and do not apply to this yuga. Posted by Tamil and Vedas on April 27, https: His sutras bear this out. Unfortunately, our tqmil approach may not be able to accommodate all contributions. Original Manu must have lived during Vedic times i. In the western districts of Tamil Nadu, when the local governing bodies are approached for the layout approval of newly planned townships, the Presidents of the local governing bodies give oral instructions that none of the plots should be sold to Dalits.
The principle is that it is the result of karmas of past lives. Further the Sutrakara has enunciated dharmas required for all yugas, types of rightful claimants and regions. Please enter Mobile Number. Towards the end of the vedic period, after the middle of the 1st millennium BCE, the language of the Vedic texts composed centuries earlier grew too archaic to the people of that time.
One Choza king was even named Manu Neethi Choza for his equal justice to an animal and human being. Friends of PDF all our visitors are our friends.
0コメント