54. Shat-trimshan-mata
Volume I: Part I pp. 534–537
The text known as Shat-trimshan-mata is classified as a compilation, bearing a structural resemblance to works like the Caturviṁśati-mata. Its substantial influence within the Dharmaśāstra tradition is evident from the numerous passages quoted from it in significant later digests and commentaries, including the Kalpataru, the Mitākṣarā, the Smṛticandrikā, and by Aparārka. This widespread citation confirms its authority and recognition among subsequent scholars. However, a critical absence of its mention in the works of earlier commentators such as Viśvarūpa and Medhātithi provides a crucial datum for its chronological placement. Based on this historical evidence, its period of composition is generally fixed between 790 and 909 A.D. A specific characteristic noted of the Shat-trimshan-mata is the lack of any quoted verses pertaining to the domain of vyavahāra, indicating either a thematic limitation in its original scope or a selective preservation in the citations that have come down to us.
— Synopsis by P.V. Kane, from History of Dharmaśāstra
54. Shat-trimshan-mata
The Smṛticandrikā1 quotes several interesting verses of Laghu-Vyāsa that condemn somewhat severely and uncharitably the memorizing of the Veda without understanding the meaning. A few verses are quoted below. It may be noted that the Nirukta I. 18 (several centuries before Christ), by quoting a verse 'a man who memorizes the Veda but does not know the meaning is like a stump of a tree, a mere carrier of a burden' condemned mere learning of the Veda by heart in very similar words (Sthāṇur-ayam bhārahārāḥ kilābhūt &c.) Dakṣa (in II. 34) states that the study of Veda has five aspects viz. first to commit it to memory, then to think over its meaning, then to repeat it often, its japa and to pass it on to pupilṣ
Aparārka quotes a verse of Vṛddha-Vyāsa on Saudāyika, a kind of strīdhana. The Mit., the Prāyaścitta-mayūkha and other works cite verses of a Bṛhad-Vyāsa. Ballālasena in his Dānasāgara quotes Mahā-Vyāsa and Laghu-Vyāsa as authorities and also Dāna-Vyāsa, which probably means the dāna-dharma portions of the Mahābhārata.
Dr. Batakrishna Ghosh collected from fourteen works (such as Aparārka's commentary, Mitākṣarā, dāyabhāga, Parāśaramādhaviya, Smṛticandrikā, Vyavahāramātrkā, Vyavahāramayūkha &c.) 268 verses of Vyāsa on judicial procedure and the substantive law and published them in 'Indian Culture' Vol. IX. pp. 65-98 (with references at the bottom of the pages). They relate to the king as judge, the qualifications of the Judge and the members of the Court, the plaint, the reply, proof and burden of proof, documents; the judg- ment, eight different kinds of documents such as cāraka, ādhipatra, krayapatra; examination of documents; posses- sion and title; witnesses and pointing out their faults; ordeals; interest; mortgage and pledge; debts and persons liable to pay debts; sureties; several titles of law; abuse and defamation; crimes of violence; thieves and robbers; adultery and other wrongful acts about women; punish- ments; duties of women and wives; partition of family property; strīdhana (woman’s property).
Some of the verses quoted as Vyāsa’s occur elsewhere e. g. verse 11 (of the above collection ‘na sā sabhā...viddham’ occurs in Nārada III. 18 and is quoted as Vyāsa’s in Aparārka (p. 604). Similarly, the verse ‘ na narmayuktam vacanam hinasti (No. 111 in the list of Dr. Batakṛiṣṇa Ghosh) quoted by the Smṛticandrikā (Vy. p. 89) as Vyāsa’s occurs in the Mahābhārata (Ādi. 82, 16 and Śāntiparva 165. 30). Verse 129 (Ādityacandrāvanilo which is the mantra to be employed in ordeals) occurs in Ādiparva 74. 30. No. 140 of the collection by Dr. Ghosh defines niṣka as equal to fourteen suvarṇaṣ2 The Mit. on Yāj. I. 72 provides that a wife who drinks wine, who is guilty of adultery with the husband’s pupil or guru, who kills her husband and particularly one who has inter- course with a man of a degraded caste (such as a shoemaker) should be abandoneḍ3 So, whoever might have been the author of the Vyāsasmṛti he incorporates some verses from the Mahābhārata thereiṇ
54. Ṣaṭ-triṁśan-mata
The title literally means ‘the doctrines of thirty-six (Smṛtis)’. This appears to have been a work like the Catur- viṁśatimata. It has been stated above that Paithinasi enumerated thirty-six propounders of Dharma (vide Smṛtican- drikā p. 1). Quotations from Ṣaṭ-triṁśan-mata cited in the Mitākṣarā are prose passages on Yāj. III. 265 and about 23 verses on the third section of Yāj. Smṛti and Aparārka also has one prose passage on p. 1196 and about 37 verses on two sections viz. ācāra and prāyaścitta. Both these digests cite no passage of the Ṣaṭ-triṁśan-mata on Vyavahāra. It appears that the Kalpataru was aware of the existence of this work but regarded it as unauthoritative, since it was accepted only by a few and was contradicted by others, as stated in the Brahmacarikāṇḍa of Kalpataru (p. 26).4 The prose quotation in the Mit. on Yāj. III. 265 from the Ṣaṭ-triṁśan-mata is a long one and provides the penances for adultery by a woman of the four varṇas with a male of a varṇa different from each of theṃ Aparārka quotes a prose passage (on p. 1196) from this work which provides a penance for touching the corpse of a cāṇḍāla or for occupying the same vehicle, seat or bed with the latter.
The fact that Viśvarūpa and Medhātithi do not mention this work, taken along with the above statement of Mitramiśra may be relied upon for holding that this compilation must have been among the latest products of the age of smṛtis and was probably compiled some time between 790–909 A. D. Almost all the quotations from this compilation are concerned with the topics of purification of substances (śuddhi), śrāddha and prāyaścittas for sins and pollutions of various sortṣ No compilation dealing with vyavahāra could have been discovereḍ One verse quoted from it prescribes a bath on touching Bauddhas, Pāśupatas, Jainas, atheists and followers of Kapila.5 Another verse quoted by Aparārka cites the view of Bṛhaspati.6 In another verse the view of Vaivasvata is referred to.7 The Vyavahāranirṇaya quotes (on p. 13) two verses from Ṣaṭ-trimśan-mata defining those that may be called Pāṣaṇḍaṣ8 The Pṛthvīcandra (in Vyavahāraprakāśa p. 19) quotes two verses (from Ṣaṭ-trimśan-mata which state that the words of a śūdra even if he be a learned man should not be accepted (as authoritative ).9
The Mit. on Yaj. III. 288 quotes Ṣaṭ-trimśan-mata as prescribing that if one recites śruti or smṛti in a place where a cāṇḍāla can hear it, he should take no food for one night (as a penance) and remarks that this refers to a person who does not do so knowingly. It is noteworthy that the Smṛtican- drikā10 on Śrāddha (p. 393) quotes two verses from a work called 'Ṣaḍ-vimśamata' (doctrines of 26 smṛtis) as quoted below. As no mṣ was available, it is difficult to say what 36 sages are relied upon as authoritieṣ
The mit. quotes about two dozen verses from Ṣaṭ-trimśan- mata on several verses of Yaj. viz. III 6, 17, 20, 250, 259, 263-64, 335-36 and a prose passage on Yaj. III. 265 about Kṛcchra penance.