3. When Dharmashastra works were first composed

Volume I: Part I pp. 12–18

3. When Dharmashastra works were first composed

3. When dharmaśāstra works were first composed

The important question is to find out when formal treatises on dharma began to be composeḍ It is not possible to give a definite answer to this questioṇ The Nirukta (III. 4-5) shows that long before Yāska heated controversies had raged on various questions of inheritance, such as the exclusion of daughters by sons and the rights of the appointed daughter (putrikā). It is very likely that these discussions had found their way in formal works and were not merely confined to the meetings of the learneḍ The manner in which Yāska writes suggests that he is referring to works in which certain Vedic verses had been cited in support of particular doctrines about inheritance¹. It is further a remarkable thing that in connection with the topic of inheritance Yāska quotes a verse, calls it a Śloka and distinguishes it from a ṛk². This makes it probable that works dealing with topics of dharma existed either composed in the śloka metre or containing ślokaṣ Scholars like Bühler would say that the verses were part of the floating mass of mnemonic verses, the existence of which he postulates without very convincing or cogent arguments in his Introduction to the Manusmṛti (S. B. E. vol. 25 Intro.xc). If works dealing with topics of dharma existed before Yāska, a high antiquity will have to be predicated for theṃ The high antiquity of works on dharmaśāstra follows from other weighty considerationṣ It will be seen later on that the extant dharma-sūtras of Gautama, Baudhāyana and Āpastamba certainly belong to the period between 600 to 300 B. C. Gautama³ speaks of dharmaśāstras and the word dharmaśāstra occurs in Baudhāyana also (IV. 5.9). Baudhāyana speaks of a dharma-pāṭhaka (I. 1. 9.). Besides, Gautama quotes in numerous places the views of others in the words ‘ityeke’ (e. g. II. 15, II. 58, III. 1, IV. 21, VII. 23). He refers to Manu⁴ in one place and to ‘Ācāryas’ in several places (III. 35, IV. 18). Baudhāyana mentions by name several writers on dharma, viz. Aupajanghani, Kātya, Kāśyapa, Gautama, Maudgalya and Hārita. Āpastamba also cites the views of numerous sages such as those of Eka, Kanva, Kautsa, Hārita and otherṣ There is a Vārtika which speaks of Dharmaśāstra⁵. Jaimini speaks of the duties of a Śūdra as laid down in the dharmaśāstra⁶. Patañjali shows that in his days dharmaśūtras existed and that their authority was very high, being next to the commandments of God⁷. He quotes verses and dogmas that have their counterparts in the dharma- sūtras⁸. The foregoing discussion establishes that works on the dharmaśāstra existed prior to Yāska or et 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 meṇ

In this book the whole of the extant literature on dharma will be dealt with as follows :—First come the dharmasūtras, some of Āpastamba, Hiraṇyakeśin and Baudhāyana form part of a larger Sūtra collection, while there are others like those of Gautama and Vasiṣṭha which do not form part of a larger collection ; some dharma-sūtras like that of Viṣṇu are, in their extant from, comparatively later in date than other sūtra works like those of Śaṅkha-Likhita and Paithinasi are known only from quotationṣ Then early metrical smṛtis like those of Manu and Yājñavalkya will be taken up for discussion ; then later versified smṛtis like that of Nārada ; there are many smṛti works like those of Bṛhaspati and Kātyāyana that are known only from quotationṣ The two epics, the Mahā- bhārata and the Rāmāyaṇa, and the Purāṇas also have played a great part in the development of the Dharmaśāstra. The commentaries on the smṛtis, such as those of Viśvarūpa, Medhā- tithi, Vijñāneśvara, Aparārka, Haradatta will be next passed in review and then the digests on dharma such as the works of Hemādri, Todaramalla, Nīlakaṇṭha and otherṣ

It is very difficult to settle the chronology of the works on dharmaśāstra, particularly of the earlier oneṣ The present writer 3. When dharmaśāstra works were first composed does not subscribe to the view of Max Müller (H. A. S. L. p. 68) and others that works in continuous Anuṣṭubh metre followed sūtra works ⁹. Our knowledge of the works of that period is so meagre that such a generalisation is most unjustifiable. Some works in the continuous śloka metre like the Manusmṛti are certainly older than the Viṣṇudharmasūtra and probably as old as, if not older than, the Vasiṣṭhadharmasūtra. One of the earliest extant dharmasūtras, that of Baudhāyana, contains long passages in the śloka metre, many of which are quotations and even Āpastamba has a considerable number of verses in the śloka metre existed before theṃ Besides, a large literature on dharma existed in the days of Āpastamba and Baudhāyana which has not come down to uṣ In the absence of that literature it is futile to dogmatise on such a point.

In volumes II to V both Śrautasūtras and Gṛhya-sūtras have been quoted and relied upon very frequently. In pp. 976-1255 of Volume II a comparatively full account was given of the Vedic sacrifices based on the Śrautasūtraṣ But no account of the Gṛhyasūtras in general was given in any of the five volumes of the History of Dharmaśāstra. Therefore, a brief statement on the gṛhyasūtras with references to some printed editions is set out below and no attempt will be made to settle their chronology. The chronology of the Dharmaśāstra given later on may be held applicable to the Gṛhyasūtras also with some unimportant modificationṣ The Gṛhyasūtras often refer to the Śrautasūtras of their schools e. g. the Āśv. Gṛ. begins 'uktāni vaitānikāni gṛhyāṇi vākṣyamāṇ' (the Śrauta sacrifices have been already expounded; we shall now expound the gṛhya rites). Vitāna means, acc. to Amarakōśa, 'kratu' (vedic sacrifice) and 'vistāra'. Gṛhya is derived from 'gṛha' (which means 'house or a shed' or 'wife' ('gṛhiṇī gṛhamucyate' in Śānti-parva 144-6 Ch eḍ). The gṛhya fire was set up by a man at or after marriage or on partition of inheritance. Vide Āśv. Gṛ. S. I. 6 1 (Pāṇigrahaṇād gṛhyam paricaret ), H. of Dh. Vol. II p. 678 note 1615 for other texts; Āp. Dh. S. II. 7. 17. 16 'Sarveṣu vṛtteṣu sarvataḥ samavādāya. prāśnīyād-yāthōktam ' has in view Āp. Gṛ. S. VIII.2 1. (khaṇḍa ). 9. Similarly, Āp. Dh. S. I. 1. 14. 16, II. 2. 3. 17, II. 2.5.4. refer to provisions in Āp. Gr. S. ¹⁰ Similarly, a gṛhyasūtra has often in view the Dharmasūtra of its caraṇa; e. g. Āp. Gr. 8. 21. 1. (māśirśrāddhasyāparapakṣe yathopadeśam kālah) has in view Āp. Dh. S. II. 7. 16. 4-21. It may be noted that Āp. Gr. IV. 11. 16-17 (Pālaśo daṇḍo...upadiśānti) occur as Āp. Dh. S. I. 2. 38. It may plausibly be argued that the extant Śrauta, Grhya and Dharmasūtras of certain caraṇas like those of Āpastamba and Baudhāyana were composed either by one and the same person or at least by father and son or grandfather and grandson and so oṇ But this would not be correct in the case of several Dharmasūtraṣ

The grhyasūtras belong to the various recensions of the four vedas The grhyasūtras translated in volumes XXIX and XXX of the Sacred Books of the East Series are in order Śānkhāyana, Āśvalāyana, Paraskara, Khādira, Gobhila, Hiranyakeśin, Āpastamba. The Dharmasūtras translated in Sacred Books of the East Vol. II, VII and XIV are those of Āpastamba, Gautama, Viṣṇu, Vasiṣṭha and Baudhāyana. The grhyasūtras belonging to the Ṛgveda are: (1) Āśvalāyana gr. ṣ, published with Nārāyana's commentary by Nir. Press and in B. I. Series and with Anāvila of Haradatta in Tri. S. S. (1923). This Gr. S. belongs to the Śakala Śākhā and the last verse in the Śākhā of the Rg. is ‘Samāniya ākūtih’; (2) The Śānkhāyana Gr. S. (in six adhyāyas of which the last two appear to be later additions) commented upon by Nārāyana and published in Indische Studien, Vol. XV. pp. 1-166, and by Dr. G. R. Sehgal with a learned Introduction (1960), New Delhi; (3) The Kausitaka (often written as Kausitaki) Gr. S. edited by Mr. Ratna Gopal Bhatta (in the Benares S. Series, 1908) and by Dr. T. R. Chintamani, Madras, 1944 with the commentary of Bhavatrāta. These two belong to the Bāskala Śākhā of the Ṛgveda, the last verse of which 'is tac-cham-yorāvṛnimahe.'

The Yajurveda has two recensions Krṣṇa and Śukla. The former has come down to us in four schools viz. Taittirīya, Maitrāyanīya, Kathaka and Kapiṣthala-katha. The number of Śrauta and Grhya-sūtras belonging to the Krsnayajurveda is large. The more important of the Gr. Sūtras are

(1) Baudhā- yana Gr. S. (published in Mysore Government's Oriental Library Series, 1920);

(2) Bhāradvāja Gṛhya (in three praśnas) edited by Dr. Henriette J. W. Salomons at Leiden, who gives extracts from the Bhāṣyakāra of that sūtra;

(3) Āpastamba-gṛhyasūtra edited by Prof. M. Winternitz (Vienna, 1887) with copious extracts from the commentaries of Haradatta and Sudarśanācārya and in the Mysore Government Oriental Library Series and in Kashi S. Series with coṃ Gṛhyatātparya-darśana of Sudarśanācārya; vide P. K. Gode about this last in ABORI (1956), vol. 37 p. 55. The Mantras required are collected in a collection called Mantrapāṭha¹¹ edited by M. Winternitz (Oxford, 1897).

(4) Hiraṇyakeśigṛhya (also known as Satyāṣāḍha Gṛ. S.) edited by Dr. Kirste at Vienna, 1889, with extracts from the coṃ of Mātṛdatta and in the Ānaṇ S. Serieṣ The Mantras are given in full in the Gr. S. itself;

(5) The Māṅava-gṛhyasūtra (also called Maitrāyaṇīya-Mānavagṛhya) edited by Dr. Knauer and in the G. O. Series with Astāvakra's bhāṣya; the sūtra is divided into two parts called puruṣa; the bhāṣya calls the work purāṇa and ascribes it to Mānavācārya;

(6) Vaikhānasa-smārta-sūtra in ten praśnas, 7 on gṛhya and 3 on dharma-published at Kumbhakonam in 1914, and by Dr. Caland in B. I. Series with English translation (1927 and 1929). The Mantras ¹² required are indicated by the opening words only ( pratikas ). (7) Kāṭhakagṛhyasūtra, also called Carakagṛhya, Laugākṣī gṛhya or Cārāyaṇīyagṛhya, edited by Dr. Caland in D. A. V. College Series at Lahore in 1925 with extracts from three com- mentaries, viz. Vivaraṇa of Ādityadarśana, Paddhati of Brāhmaṇa- bala and bhāṣya of Devapāla. Kashmirian tradition ascribes the work to Laugākṣi.

(8) Vārāha-gṛhya-sūtra. It belongs to the Vārāha sub- division of Maitrāyaṇīyaṣ Many of its sūtras occur also in Mānava-gṛhya-sūtra and Kāṭhakagṛhya. It was published in the G. O. Series (1920) and by Dr. Raghuvira (1922, Lahore).

(9) Agniveśa-gṛhyasūtra, published in the Chowkhamba S. S., Vārāṇasī.

The Gṛhyasūtras belonging to the Śukla Yajurveda (Mādhyandina and Kāṇva recensions) are:

* (i) Pāraskara-gṛhyasūtra (also called Kāṭīya gr. ṣ) in three kāṇḍas; edited by Stenzler at Leipzig in 1876, printed with several commentaries both in the Kashi S. Series and by the Gujarati Press in Bombay. This gṛhya has probably the largest number of commentaries, the earliest being those of Bhartryajña ¹⁰ and Karka (called Bhāsya).

* I am inclined to hold that Pāraskara is another name of Kātyāyana. ‘Pāraskara-prabhṛtīni; ca saṁjñāyām’ Pāṇ. VI. I. 157, on which the Mahābhāṣya says ‘Pāraskaro deśaḥ’; Kātyāyana came probably from that country and was called Pāraskara also. Nāgojibhaṭṭa and other writers have assigned other meanings to that word by saying ‘pāraṁ karoti Pāraskaraḥ.’

* (ii) Baijavāpagṛhya:—vide Proceedings and Transactions of the 4th Oriental Conference at Allahabad, Vol. II pp. 59-67 where Pandit Bhagavad-datta gives a good deal of information and puts together on pp. 63-67 passages of Baijavāpa-gṛhya from 14 medieval workṣ Kumārilabhaṭṭa in Tantravārtika on P. M. S. I. 3. 11 appears to refer to the work of Baijavāpa (or-pī) ¹³.