Divisions
87-454: Sama vedic Yajur vedic Atharva vedic Vaishnava puranas Shaiva puranas Shakta puranas Nāradasmṛti is a part of the Dharmaśāstras , an Indian literary tradition that serves as a collection of legal maxims relating to the topic of dharma . This text is purely juridical in character in that it focuses solely on procedural and substantive law . Known as
174-520: A "doctrine of consensus" reflecting regional customs and preferences. Of the four extant Dharmasastras, Manusmriti, Yajnavalkyasmriti and Naradasmriti are the most important surviving texts. But, states Robert Lingat, numerous other Dharmasastras whose manuscripts are now missing, have enjoyed equal authority. Between the three, the Manusmriti became famous during the colonial British India era, yet modern scholarship states that other Dharmasastras such as
261-539: A 2005 translation of Manusmriti published by the Oxford University Press, states the concerns in postmodern scholarship about the presumed authenticity and reliability of Manusmriti manuscripts. He writes (abridged), The MDh [Manusmriti] was the first Indian legal text introduced to the western world through the translation of Sir William Jones in 1794. ... All the editions of the MDh , except for Jolly's, reproduce
348-460: A girl, she should obey and seek protection of her father, as a young woman her husband, and as a widow her son; and that a woman should always worship her husband as a god and a man should consider his wife an embodiment of goddess. In verses 3.55–3.56, Manusmriti also declares that women must be honored, and "[w]here women are revered, there the gods rejoice; but where they are not, no rite bears any fruit". Elsewhere, in verse 5.148, states Olivelle,
435-657: A group who compiled all of the verses attributed by a particular community to the sage Nārada. Examination of the scripts of the original manuscript determines that the Nāradīyamanusaṃhitā manuscripts were written in the South of India while the Newārī manuscript came from Nepal. The recensions D and P appear to have been found throughout the subcontinent but rarely in Nepal or Kerala. Similar to all ancient Indian texts, specific dates for
522-500: A hermeneutic strategy that asserted that the Vedas once contained all knowledge including that of ideal Dharma, but parts of Vedas have been lost. Human customs developed from the original complete Vedas, but given the lost text, one must use customs between good people as a source to infer what the original Vedas might have stated the Dharma to be. This theory, called the 'lost Veda' theory, made
609-484: A larger compilation of texts, called the Kalpasūtras which give an aphoristic description of the rituals, ceremonies and proper procedures. The Kalpasutras contain three sections, namely the Śrautasūtras which deal with vedic ceremonies, Gṛhyasūtras which deal with rites of passage rituals and domestic matters, and Dharmasūtras which deal with proper procedures in one's life. The Dharmasūtras of Āpastamba and Baudhāyana form
696-431: A later era. The closing verses of Manusmriti declares, एवं यः सर्वभूतेषु पश्यत्यात्मानमात्मना । स सर्वसमतामेत्य ब्रह्माभ्येति परं पदम् ॥ He who thus recognizes in his individual soul (Self, Atman ), the universal soul that exists in all beings, becomes equal-minded towards all, and enters the highest state, Brahman . The structure and contents of the Manusmriti suggest it to be a document predominantly targeted at
783-840: A long period. Olivelle states that the various ancient and medieval Indian texts claim revisions and editions were derived from the original text with 100,000 verses and 1,080 chapters. However, the text version in modern use, according to Olivelle, is likely the work of a single author or a chairman with research assistants. Manusmriti, Olivelle states, was not a new document - it drew on other texts, and reflects "a crystallization of an accumulated knowledge" in ancient India. The root of theoretical models within Manusmriti rely on at least two shastras that pre-date it: artha (statecraft and legal process) and dharma (an ancient Indian concept that includes duties, rights, laws, conduct, virtues and others discussed in various Dharmasutras , older than Manusmriti). Its contents can be traced to Kalpasutras of
870-451: A modern reconstruction of these texts. Scholars such as Jolly and Aiyangar have gathered some 2,400 verses of the lost Bṛhaspatismṛti text in this manner. Brihaspati-smriti was likely a larger and more comprehensive text than Manusmriti, yet both Brihaspati-smriti and Katyayana-smriti seem to have been predominantly devoted to judicial process and jurisprudence. The writers of Dharmasastras acknowledged their mutual differences, and developed
957-607: A part of larger Kalpasutra texts, all of which has survived into the modern era. The sūtra tradition ended around the beginning of the common era and was followed by the poetic octosyllable verse style called the śloka . The verse style was used to compose the Dharmaśāstras such as the Manusmriti , the Hindu epics, and the Puranas . The age of Smṛtis that ended around the second half of
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#17328582022451044-733: A single author. They were viewed by the ancient and medieval era commentators, states Olivelle, to be the works of many authors. Robert Lingat adds that these texts suggest that "a rich literature on dharma already existed" before these were first composed. These texts were revised and interpolated through their history because the various text manuscripts discovered in India are inconsistent with each other, and within themselves, raising concerns of their authenticity. The Dharmaśāstra texts present their ideas under various categories such as Acara, Vyavahara, Prayascitta and others, but they do so inconsistently. Some discuss Acara but do not discuss Vyavahara, as
1131-426: A source of dharma, but both state that the geographical location of such polite cultured people does not limit the usefulness of universal precepts contained in their practices. In case of conflict between different sources of dharma, Gautama Dharmasutra states that the Vedas prevail over other sources, and if two Vedic texts are in conflict then the individual has a choice to follow either. The nature of Dharmasūtras
1218-566: A uniform code of conduct and there were no divergent or dissenting views. Written after the Dharmasūtras, these texts use a metered verse and are much more elaborate in their scope than Dharmasutras. The word Dharmaśāstras never appears in the Vedic texts, and the word śāstra itself appears for the first time in Yaska's Nirukta text. Katyayana's commentary on Panini's work (~3rd century BCE), has
1305-544: A very terse incomplete sentence structure which are difficult to understand and leave much to the reader to interpret. The Dharmasastras are derivative works on the Dharmasutras, using a shloka (four 8-syllable verse style chandas poetry, Anushtubh meter), which are relatively clearer. The Dharmasutras can be called the guidebooks of dharma as they contain guidelines for individual and social behavior, ethical norms, as well as personal, civil and criminal law. They discuss
1392-625: Is dharma . The central focus of these texts is how a Brahmin male should conduct himself during his lifetime. The text of Āpastamba which is best preserved has a total of 1,364 sūtras out of which 1,206 (88 per cent) are devoted to the Brahmin, whereas only 158 (12 per cent) deals with topics of general nature. The structure of the Dharmasūtras begin with the vedic initiation of a young boy followed by entry into adulthood, marriage and responsibilities of adult life that includes adoption, inheritance, death rituals and ancestral offerings. According to Olivelle,
1479-816: Is a concept which is central not only in Hinduism but also in Jainism and Buddhism. The term means a lot of things and has a wide scope of interpretation. The fundamental meaning of Dharma in Dharmasūtras, states Olivelle is diverse, and includes accepted norms of behavior, procedures within a ritual, moral actions, righteousness and ethical attitudes, civil and criminal law, legal procedures and penance or punishment, and guidelines for proper and productive living. The term Dharma also includes social institutions such as marriage, inheritance, adoption, work contracts, judicial process in case of disputes, as well personal choices such as meat as food and sexual conduct. The source of dharma
1566-609: Is false, and the various manuscripts of Manusmriti discovered in India are inconsistent with each other. The metrical text is in Sanskrit , is dated to the 1st to 3rd century CE, and presents itself as a discourse given by Manu (Svayambhuva) and Bhrigu on dharma topics such as duties, rights, laws, conduct, virtues and others. The text's influence had historically spread outside India. The text influenced Hindu kingdoms in Cambodia and Indonesia . In 1776, Manusmriti became one of
1653-486: Is hard to say whether they were historical authors of these texts. The issue of authorship is further complicated by the fact that apart from Āpastamba the other Dharmasūtras have various alterations made at later times. Excellence Practise righteousness ( dharma ), not unrighteousness. Speak the truth, not an untruth. Look at what is distant, not what's near at hand. Look at the highest, not at what's less than highest. — Vasishtha Dharmasutra 30.1 There
1740-442: Is no fault in eating meat, in drinking liquor, or in having sex; that is the natural activity of creatures. Abstaining from such activity, however, brings greatest rewards." Manusmriti offers an inconsistent and internally conflicting perspective on women's rights. The text, for example, declares that a marriage cannot be dissolved by a woman or a man, in verse 8.101–8.102. Yet, the text, in other sections, allows either to dissolve
1827-496: Is normative, they tell what people ought to do, but they do not tell what people actually did. Some scholars state that these sources are unreliable and worthless for historical purposes instead to use archaeology, epigraphy and other historical evidence to establish the actual legal codes in Indian history. Olivelle states that the dismissal of normative texts is unwise, as is believing that the Dharmasutras and Dharmashastras texts present
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#17328582022451914-464: Is now modern Vietnam , declares that its court officials were "expert in all dharmasastras, especially Naradiya and Bhargaviya". The divine sage Nārada is known as the messenger of the gods, transmitting divine will to the people of the earth. Although not known for being an expert in dharma , he has been portrayed as an instructor of law and politics. Lariviere argues that there was “no single ‘author’ of this text" but rather, either an individual or
2001-917: Is rooted in Dharmasutra texts dated to the 1st millennium BCE that emerged from Kalpa (Vedanga) studies in the Vedic era. The textual corpus of Dharmaśāstra were composed in poetic verse, and are part of the Hindu Smritis , constituting divergent commentaries and treatises on ethics particularly duties, and responsibilities to oneself and family as well as those required as a member of society. The texts include discussion of ashrama (stages of life), varna (social classes), purushartha (proper goals of life), personal virtues and duties such as ahimsa (non-violence) against all living beings, rules of just war , and other topics. Dharmaśāstra became influential in modern colonial India history, when they were formulated by early British colonial administrators to be
2088-559: Is similar to the modern contrast between informal moral concerns to birth out of wedlock in the developed nations, along with simultaneous legal protection for children who are born out of wedlock. Personal behaviours covered by the text are extensive. For example, verses 2.51–2.56 recommend that a monk must go on his begging round, collect alms food and present it to his teacher first, then eat. One should revere whatever food one gets and eat it without disdain, states Manusmriti, but never overeat, as eating too much harms health. In verse 5.47,
2175-516: Is still difficult to determine who these real authors were. The extant Dharmasūtra texts are listed below: The Dharmasūtra of Āpastamba and Baudhayana form a part of the Kalpasūtra but it is not easy to establish whether they were historical authors of these texts or whether these texts were composed within certain institutions attributed to their names. Moreover, Gautama and Vasiṣṭha are ancient sages related to specific vedic schools and therefore it
2262-578: Is the (first) source of the sacred law, next the tradition and the virtuous conduct of those who know the (Veda further), also the customs of holy men, and (finally) self-satisfaction ( Atmana santushti ). Translation 2: The root of the dharma is the entire Veda, and (then) the tradition and customs of those who know (the Veda), and the conduct of virtuous people, and what is satisfactory to oneself. वेदः स्मृतिः सदाचारः स्वस्य च प्रियमात्मनः । एतच्चतुर्विधं प्राहुः साक्षाद् धर्मस्य लक्षणम् ॥ Translation 1: The Veda,
2349-534: Is the case with Parasara-Smriti for instance, while some solely discuss Vyavahara. Ācāra (आचार) literally means "good behavior, custom". It refers to the normative behavior and practices of a community, conventions and behaviors that enable a society and various individuals therein to function. Manusm%E1%B9%9Bti Divisions Sama vedic Yajur vedic Atharva vedic Vaishnava puranas Shaiva puranas Shakta puranas The Manusmṛti ( Sanskrit : मनुस्मृति ), also known as
2436-605: Is the oldest. There is confusion regarding the geographical provenance of these documents. According to Bühler and Kane, Āpastamba came from South India probably from a region corresponding to modern Andhra Pradesh . Baudhāyana also came from south although evidence regarding this is weaker than that of Āpastamba. Gautama likely came from western region, nearer to the northwestern region to which Pāṇini belonged, and one which corresponds to where Maratha people in modern India are found. Nothing can be said about Vasiṣṭha due to lack of any evidence. Scholars have varied opinions about
2523-444: Is the “minor” recension, consisting of 879 verses and referred to by the siglum D. Next comes the recension known by the siglum P and consisting originally of 550 verses. Jolly later edited the text to contain verses from the “minor” recension as well, bringing the total to 1028 verses. The third version comes from the Newārī manuscripts and the Nāradīyamanusaṃhitā and goes by the siglum NMS, containing 870 verses. Each recension
2610-521: Is uncertainty regarding the dates of these documents due to lack of evidence concerning these documents. Kane has posited the following dates for the texts, for example, though other scholars disagree: Gautama 600 BCE to 400 BCE, Āpastamba 450 BCE to 350 BCE, Baudhāyana 500 BCE to 200 BCE, and Vasiṣṭha 300 BCE to 100 BCE. Patrick Olivelle suggests that Apastamba Dharmasutra is the oldest of the extant texts in Dharmasutra genre and one by Gautama second oldest, while Robert Lingat suggests that Gautama Dharmasutra
2697-492: Is unique not only in length, but content as well. For example, in P, an entire chapter is found of which no other manuscript makes mention. One of the most thoroughly studied differences is that of the variation in naming of Ordeals. The NMS, seen as the oldest of the three texts, lists only two ordeals in the standard chapter on “Nonpayment of Debt” but contains an addendum which lists five more ordeals. The Vulgate also lists five ordeals but manuscript P adds two more, bringing
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2784-474: Is very different from the theological reference to the Vedas, and the dharma taught in the Dharmaśāstra has little to do with the Vedas. These were customs, norms or pronouncements of the writers of these texts that were likely derived from evolving regional ethical, ideological, cultural and legal practices. The Dharmasutra and Dharmaśāstra texts, as they have survived into the modern era, were not authored by
2871-421: Is very near on the whole to the original text." This is far from the truth. Indeed, one of the great surprises of my editorial work has been to discover how few of the over fifty manuscripts that I collated actually follow the vulgate in key readings. Other scholars point to the inconsistencies and have questioned the authenticity of verses, and the extent to which verses were changed, inserted or interpolated into
2958-571: The Manusmṛti written in the medieval period. Bhāruci is the oldest known commentator on the Manu Smṛti . Kane places him in the late 10th or early 11th century, Olivelle places him in the 8th century, and Derrett places him between 600 and 800 CE. From these three opinions we can place Bhāruci anywhere from the early 7th century CE to the early 11th century CE. Bhāruci's commentary, titled Manu-sastra-vivarana , has far fewer number of verses than
3045-561: The Mānava-Dharmaśāstra or the Laws of Manu , is one of the many legal texts and constitutions among the many Dharmaśāstras of Hinduism . Over fifty manuscripts of the Manusmriti are now known, but the earliest discovered, most translated and presumed authentic version since the 18th century has been the " Kolkata (formerly Calcutta) manuscript with Kulluka Bhatta commentary". Modern scholarship states this presumed authenticity
3132-457: The law of the land for all non-Muslims (Hindus, Jains, Buddhists, Sikhs) in the Indian subcontinent , after Sharia set by Emperor Aurangzeb , was already accepted as the law for Muslims in colonial India. The Dharmashastras are based on ancient Dharmasūtra texts, which themselves emerged from the literary tradition of the Vedas (Rig, Yajur, Sāma, and Atharva) composed in 2nd millennium BCE to
3219-514: The "juridical text par excellence," the Nāradasmṛti is the only Dharmaśāstra text to not cover areas such as righteous conduct and penance. Its focused nature has made the text highly valued by rulers and their governments, in Indian subcontinent and southeast Asia, likely as an aid of carrying out their dharma of justly ruling the country. Today there exist three recognized versions of Naradasmriti, also called Naradiya Dharmasastra. First, there
3306-612: The Brahmins (priestly class) and the Kshatriyas (king, administration and warrior class). The text dedicates 1,034 verses, the largest portion, on laws for and expected virtues of Brahmins, and 971 verses for Kshatriyas. The statement of rules for the Vaishyas (merchant class) and the Shudras (artisans and working class) in the text is extraordinarily brief. Olivelle suggests that this may be because
3393-560: The Dharma-sutras, which later expanded into Dharma-shastras. The Dharmasutras were numerous, but only four texts have survived into the modern era. The most important of these texts are the sutras of Apastamba , Gautama , Baudhayana , and Vasistha . These extant texts cite writers and refer opinions of seventeen authorities, implying that a rich Dharmasutras tradition existed prior to when these texts were composed. The extant Dharmasutras are written in concise sutra format, with
3480-556: The Kullūka-Calcutta vulgate version in circulation since the British colonial era, and it refers to more ancient texts that are believed to be lost. It is also called Raja-Vimala , and J. Duncan M. Derrett states Bharuci was "occasionally more faithful to his source's historical intention" than other commentators. Medhātithi 's commentary on Manu Smṛti has been widely studied. Scholars such as Buhler, Kane, and Lingat believe he
3567-503: The NWS manuscripts, as well as D and P, which Jolly used. The structure of the Nāradasmṛti is based on the eighteen titles of law, which are also mentioned in the Manusmṛti but with some variation in names. The text begins with a brief introduction into law and the courts before delving into these 18 titles, devoting a chapter to each. The way in which this text is written makes it clear that
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3654-558: The Shrautasutras and Grihyasutras texts of the Kalpa (Vedanga) . The hymns of Ṛgveda are one of the earliest texts composed in verse. The Brāhmaṇa which belongs to the middle vedic period followed by the vedāṇga are composed in prose. The basic texts are composed in an aphoristic style known as the sutra which literally means thread on which each aphorism is strung like a pearl. The Dharmasūtras are composed in sutra style and were part of
3741-728: The Unrighteous (adharma) do not go around saying, 'here we are!'; Nor do gods, Gandharvas or ancestors declare, 'This is righteous and that is unrighteous'." Most laws are based on agreement between the Aryas, stated Āpastamba, on what is right and what is wrong. Laws must also change with ages, stated Āpastamba, a theory that became known as Yuga dharma in Hindu traditions. Āpastamba also asserted in verses 2.29.11–15, states Olivelle, that "aspects of dharma not taught in Dharmasastras can be learned from women and people of all classes". Āpastamba used
3828-521: The Vedas, and approval of one's conscience (Atmasantushti, self-satisfaction). The Dharmashastra texts include conflicting claims on the sources of dharma. The theological claim therein asserts, without any elaboration, that Dharma just like the Vedas are eternal and timeless, the former is directly or indirectly related to the Vedas. Yet these texts also acknowledge the role of Smriti, customs of polite learned people, and one's conscience as source of dharma. The historical reality, states Patrick Olivelle,
3915-518: The Vedas, the Smriti (tradition), acāra (the practice) of those who know the Veda. These three sources are also found in later Dharmashastra literature. Baudhāyana Dharmasutra lists the same three, but calls the third as śiṣṭa (शिष्ट, literally polite cultured people) or the practice of cultured people as the third source of dharma. Both Baudhāyana Dharmasutra and Vāsiṣṭha Dharmasutra make the practices of śiṣṭa as
4002-456: The Vedic era, which led to the development of Smartasutras consisting of Grihyasutras and Dharmasutras . The foundational texts of Manusmriti include many of these sutras, all from an era preceding the common era. Most of these ancient texts are now lost, and only four have survived: the law codes of Apastamba , Gautama , Baudhayana and Vasishtha . The ancient version of the text has been subdivided into twelve Adhyayas (chapters), but
4089-405: The Vedic texts, nor can the behavioral rules included therein be found in any of the Vedas. This led to the incongruity between the search for legal codes and dharma rules in the theological versus the reality of epistemic origins of dharma rules and guidelines. The Hindu scholar Āpastamba, in a Dharmasutra named after him (~400 BCE), made an attempt to resolve this issue of incongruity. He placed
4176-522: The Yajnavalkyasmriti appear to have played a greater role in guiding the actual Dharma. Further, the Dharmasastras were open texts, and they underwent alterations and rewriting through their history. All Dharma , in Hindu traditions, has its foundation in the Vedas . The Dharmashastra texts enumerate four sources of Dharma – the precepts in the Vedas, the tradition, the virtuous conduct of those who know
4263-755: The author(s) was appealing to a community of practitioners, interested in directly applying the law to every day cases. Dharma%C5%9B%C4%81stras Divisions Sama vedic Yajur vedic Atharva vedic Vaishnava puranas Shaiva puranas Shakta puranas Dharmaśāstra ( Sanskrit : धर्मशास्त्र ) are Sanskrit Puranic Smriti texts on law and conduct, and refer to treatises ( śāstras ) on Dharma . Like Dharmasūtra which are based upon Vedas , these texts are also elaborate law commentaries based on vedas, Dharmashastra themselves evolved from dharmshutra. There are many Dharmashastras, variously estimated to number from 18 to over 100. Each of these texts exists in many different versions, and each
4350-521: The authoring of the Nāradasmṛti continue to elude scholars. Varying arguments have been made and evidences cited but no decisive conclusions have been made. The best timeframe which can be provided is somewhere between 100BCE and 400CE. In 1876 manuscript D of the Nāradasmṛti was translated by the German scholar, Julius Jolly , making it available to legal scholars in Europe for the first time. The work
4437-429: The chronology of these documents. Regarding the age of Āpastamba and Gautama there are opposite conclusions. According to Bühler and Lingat Āpastamba is younger than Baudhāyana. Vasiṣṭha is surely a later text. The structure of these Dharmasūtras primarily addresses the Brahmins both in subject matter and the audience. The Brahmins are the creators and primary consumers of these texts. The subject matter of Dharmasūtras
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#17328582022454524-503: The colonial era created a legal fiction around Manusmriti's historic role as a scripture in matters relating to women in South Asia. Chapter 7 of the Manusmriti discusses the duties of a king, what virtues he must have, what vices he must avoid. In verses 7.54–7.76, the text identifies precepts to be followed in selecting ministers, ambassadors and officials, as well as the characteristics of well fortified capital. Manusmriti then lays out
4611-405: The duties and rights of people at different stages of life like studenthood, householdership, retirement and renunciation. These stages are also called ashramas . They also discuss the rites and duties of kings, judicial matters, and personal law such as matters relating to marriage and inheritance. However, Dharmasutras typically did not deal with rituals and ceremonies, a topic that was covered in
4698-585: The early centuries of the 1st millennium BCE. These Vedic branches split into various other schools ( shakhas ) possibly for a variety of reasons such as geography, specialization and disputes. Each Veda is further divided into two categories namely the Saṃhitā which is a collection of mantra verses and the Brahmanas which are prose texts that explain the meaning of the Samhita verses. The Brāhmaṇa layer expanded and some of
4785-529: The first Sanskrit texts to be translated into English, by British philologist Sir William Jones . Manusmriti was used to construct the Hindu law code for the East India Company -administered enclaves. The title Manusmriti is a relatively modern term and a late innovation, probably coined because the text is in a verse form. The over-fifty manuscripts discovered of the text never use this title, but state
4872-426: The first millennium CE was followed by that of commentaries around the 9th century called nibandha . This legal tradition consisted of commentaries on earlier Dharmasūtras and Smritis. About 20 Dharmasutras are known, some surviving into the modern era just as fragments of their original. Four Dharmasūtras have been translated into English, and most remain in manuscripts. All carry the names of their authors, but it
4959-417: The importance of the Veda scriptures second and that of samayacarika or mutually agreed and accepted customs of practice first. Āpastamba thus proposed that scriptures alone cannot be source of Law (dharma), and dharma has an empirical nature. Āpastamba asserted that it is difficult to find absolute sources of law, in ancient books or current people, states Patrick Olivelle with, "The Righteous (dharma) and
5046-428: The king. This forms the early structure of the Dharma texts. However, in the Dharmasūtras of Gautama, Baudhāyana and Vasiṣṭha some sections such as inheritance and penance are reorganized, and moved from householder section to king-related section. Ollivelle suggests that these changes may be because of chronological reasons where civil law increasingly became part of the king's administrative responsibilities. Dharma
5133-403: The laws of just war, stating that first and foremost, war should be avoided by negotiations and reconciliations. If war becomes necessary, states Manusmriti, a soldier must never harm civilians, non-combatants or someone who has surrendered, that use of force should be proportionate, and other rules. Fair taxation guidelines are described in verses 7.127–7.137. Patrick Olivelle, credited with
5220-491: The legal rights of the children so born. The text also provides for a situation when a married woman may become pregnant by a man other than her husband, and dedicates verses 8.31–8.56 to conclude that the child's custody belongs to the woman and her legal husband, and not to the biological father. Manusmriti provides a woman with property rights to six types of property in verses 9.192–9.200. These include those she received at her marriage, or as gift when she eloped or when she
5307-485: The marriage. For example, verses 9.72–9.81 allow the man or the woman to get out of a fraudulent or abusive marriage and remarry.The text also provides legal means for a woman to remarry when her husband has been missing or has abandoned her. While preaching chastity to widows such as in verses 5.158–5.160, and opposing a woman marrying someone outside her own social class in verses 3.13–3.14, in other verses, such as 2.67–2.69 and 5.148–5.155, Manusmriti preaches that as
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#17328582022455394-530: The newer esoteric layers of text that explore the hidden meanings behind Vedic rituals were called Aranyakas while the philosophical sections came to be called the Upanishads . The Vedic basis of Dharma literature is found in the Brahmana layer of the Vedas. 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
5481-402: The notes to this section, in both the presumed vulgate version and the critical edition. The verses 12.1, 12.2 and 12.82 are transitional verses. This section is in a different style than the rest of the text, raising questions whether this entire chapter was added later. While there is evidence that this chapter was extensively redacted over time, it is unclear whether the entire chapter is of
5568-460: The observed inconsistencies within Manusmriti as follows: I hold Manusmriti as part of Shastras. But that does not mean that I swear by every verse that is printed in the book described as Manusmriti. There are so many contradictions in the printed volume that, if you accept one part, you are bound to reject those parts that are wholly inconsistent with it. ... Nobody is in possession of the original text. There are numerous classical commentaries on
5655-538: The oldest known single mention of the word Dharmaśāstras . The extant Dharmaśāstras texts are listed below: In addition, numerous other Dharmaśāstras are known, partially or indirectly, with very different ideas, customs and conflicting versions. For example, the manuscripts of Bṛhaspatismṛti and the Kātyāyanasmṛti have not been found, but their verses have been cited in other texts, and scholars have made an effort to extract these cited verses, thus creating
5742-467: The original text had no such division. The text covers different topics, and is unique among ancient Indian texts in using "transitional verses" to mark the end of one subject and the start of the next. The text can be broadly divided into four, each of different length. and each further divided into subsections: The text is composed in metric Shlokas (verses), in the form of a dialogue between an exalted teacher and disciples who are eager to learn about
5829-481: The original, at a later date. Sinha, for example, states that less than half, or only 1,214 of the 2,685 verses in Manusmriti, may be authentic. Further, the verses are internally inconsistent. Verses such as 3.55–3.62 of Manusmriti, for example, glorify the position of women, while verse such as 9.3 and 9.17 do the opposite. Other passages found in Manusmriti, such as those relating to Ganesha , are modern era insertions and forgeries. Robert E. Van Voorst states that
5916-574: The people of that time. This led to the formation of Vedic Supplements called the Vedangas which literally means 'limbs of the Veda'. The Vedangas were ancillary sciences that focused on understanding and interpreting the Vedas composed many centuries earlier, and included Shiksha (phonetics, syllable), Chandas (poetic metre), Vyakarana (grammar, linguistics), Nirukta (etymology, glossary), Jyotisha (timekeeping, astronomy), and Kalpa (ritual or proper procedures). The Kalpa Vedanga studies gave rise to
6003-563: The prestige of Nāradasmṛti because some traditional texts state Manu pronouncements on dharma is above challenge. However, Lariviere notes that it is clear from the critical edition and examination of other ancient documents that this explanation of Nāradasmṛti's origin is a myth, and was added later. Naradasmriti was an authoritative document not only in Indian subcontinent, as well as when Hinduism flourished in southeast Asia. A 12th-century inscription in Champa empire of Jaya Harivarman, in what
6090-459: The property of others. Similarly, in verse 4.204, states Olivelle, some manuscripts of Manusmriti list the recommended virtues to be, "compassion, forbearance, truthfulness, non-injury, self-control, not desiring, meditation, serenity, sweetness and honesty" as primary, and "purification, sacrifices, ascetic toil, gift giving, Vedic recitation, restraining the sexual organs, observances, fasts, silence and bathing" as secondary. A few manuscripts of
6177-417: The reason Dharmasutras introduced vedic initiation was to make the individual subject to Dharma precepts at school, by making him a 'twice born' man, because children were considered exempt from Dharma precepts in the vedic tradition. The structure of Dharmasūtra of Āpastamba begins with the duties of the student, then describes householder duties and rights such as inheritance, and ends with administration of
6264-680: The sacred tradition, the customs of virtuous men, and one's own pleasure, they declare to be the fourfold means of defining the sacred law. Translation 2: The Veda, tradition, the conduct of good people, and what is pleasing to oneself – they say that is four-fold mark of dharma. This section of Manusmriti, like other Hindu law texts, includes fourfold sources of Dharma , states Levinson, which include Atmana santushti (satisfaction of one's conscience), Sadachara (local norms of virtuous individuals), Smriti and Sruti . The verses 6.97, 9.325, 9.336 and 10.131 are transitional verses. Olivelle notes instances of likely interpolation and insertions in
6351-420: The study of customs of good people as a source of dharma and guide to proper living, states Olivelle. Testimony during a trial The witness must take an oath before deposing. Single witness normally does not suffice. As many as three witnesses are required. False evidence must face sanctions. — Gautama Dharmasutras 13.2–13.6 The sources of dharma according to Gautama Dharmasutra are three:
6438-489: The text as found in the [Calcutta] manuscript containing the commentary of Kulluka. I have called this as the " vulgate version". It was Kulluka's version that has been translated repeatedly: Jones (1794), Burnell (1884), Buhler (1886) and Doniger (1991). ... The belief in the authenticity of Kulluka's text was openly articulated by Burnell (1884, xxix): "There is then no doubt that the textus receptus, viz., that of Kulluka Bhatta, as adopted in India and by European scholars,
6525-434: The text contain a different verse 4.204, according to Olivelle, and list the recommended virtues to be, "not injuring anyone, speaking the truth, chastity, honesty and not stealing" as central and primary, while "not being angry, obedience to the teacher, purification, eating moderately and vigilance" to desirable and secondary. In other discovered manuscripts of Manusmriti , including the most translated Calcutta manuscript,
6612-555: The text declares in verse 4.204 that the ethical precepts under Yamas such as Ahimsa (non-violence) are paramount while Niyamas such as Ishvarapranidhana (contemplation of personal god) are minor, and those who do not practice the Yamas but obey the Niyamas alone become outcasts. Manusmriti has various verses on duties a person has towards himself and to others, thus including moral codes as well as legal codes. Olivelle states that this
6699-518: The text declares, "[a woman] must never seek to live independently". Simultaneously, states Olivelle, the text enumerates numerous practices such as marriages outside one's varna (see anuloma and pratiloma ), such as between a Brahmin man and a Shudra woman in verses 9.149–9.157, a widow becoming pregnant by a man she is not married to in verses 9.57–9.62, marriage where a woman elopes with her lover, and then grants legal rights in these cases such as property inheritance rights in verses 9.143–9.157, and
6786-466: The text states that work becomes without effort when a man contemplates, undertakes and does what he loves to do and when he does so without harming any creature. Numerous verses relate to the practice of meat eating, how it causes injury to living beings, why it is evil, and the morality of vegetarianism. Yet, the text balances its moral tone as an appeal to one's conscience, states Olivelle. For example, verse 5.56 as translated by Olivelle states, "there
6873-491: The text was composed to address the balance "between the political power and the priestly interests", and because of the rise in foreign invasions of India in the period it was composed. Manusmriti lists and recommends virtues in many verses. For example, verse 6.75 recommends non-violence towards everyone and temperance as key virtues, while verse 10.63 preaches that all four varnas must abstain from injuring any creature, abstain from falsehood and abstain from appropriating
6960-453: The text which must be later than the late Vedic texts such as the Upanishads , themselves dated a few centuries later, around 500 BCE. Later scholars shifted the chronology of the text to between the 1st or 2nd century CE. Olivelle adds that numismatic evidence and the mention of gold coins as a fine suggest the text may date to the 2nd or 3rd century CE. Most scholars consider the text a composite produced by many authors put together over
7047-403: The title as Manava Dharmashastra (Sanskrit: मानव धर्मशास्त्र) in their colophons at the end of each chapter. In modern scholarship, these two titles refer to the same text. Philologists Jones and Karl Wilhelm Friedrich Schlegel , in the 18th century, dated Manusmriti to around 1250 BCE and 1000 BCE respectively, which, from later linguistic developments, is untenable due to the language of
7134-417: The total to seven. One recension claims that “Manu Prajāpati originally composed a text in 100,000 verses and 1080 chapters, which was successively abridged by the sages Nārada , Mārkandeya, and Sumati Bhārgava, down to a text of 4,000 verses.” Nāradasmṛti , according to this recension's claim, represent the ninth chapter, regarding legal procedure, of Manu ’s original text. This connection may enhance
7221-565: The various aspects of dharma . The first 58 verses are attributed by the text to Manu , while the remaining more than two thousand verses are attributed to his student Bhrigu . Olivelle lists the subsections as follows: The Dharmasya Yonih (Sources of the Law) has twenty-four verses and one transition verse. These verses state what the text considers as the proper and just sources of law: वेदोऽखिलो धर्ममूलं स्मृतिशीले च तद्विदाम् । आचारश्चैव साधूनामात्मनस्तुष्टिरेव च ॥ Translation 1: The whole Veda
7308-604: The verses from 3.55–60 may be about respect given to a woman in her home, but within a strong patriarchal system. Nelson in 1887, in a legal brief before the Madras High Court of British India, had stated, "there are various contradictions and inconsistencies in the Manu Smriti itself, and that these contradictions would lead one to conclude that such a commentary did not lay down legal principles to be followed but were merely recommendatory in nature." Mahatma Gandhi remarked on
7395-674: Was a question that loomed in the minds of Dharma text writers, and they tried to seek "where guidelines for Dharma can be found?" They sought to define and examine vedic injunctions as the source of Dharma, asserting that like the Vedas, Dharma is not of human origin. This worked for rituals-related rules, but in all other matters this created numerous interpretations and different derivations. This led to documents with various working definitions, such as dharma of different regions ( deshadharma ), of social groups ( jatidharma ), of different families ( kuladharma ). The authors of Dharmasutras and Dharmashastra admit that these dharmas are not found in
7482-418: Was readily accepted in Europe due to its style, content, and structure which was similar enough to Roman legal texts of the time that the scholars felt comfortable dealing with it. Karl Marx even used this translation as a reference for his Asiatic Modes of Production. In 1879, Jolly translated manuscript P. In 1989, Lariviere revisited the text and produced a critical translation which includes evidence from
7569-530: Was taken away, or as token of love before marriage, or as gifts from her biological family, or as received from her husband subsequent to marriage, and also from inheritance from deceased relatives. Flavia Agnes states that Manusmriti is a complex commentary from women's rights perspective, and the British colonial era codification of women's rights based on it for Hindus, and from Islamic texts for Muslims, picked and emphasised certain aspects while it ignored other sections. This construction of personal law during
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