Fetching
One moment.
Fetching
One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1legal advisers of kings and chiefs, or as judges, and to settle the law between man and man, the few general principles which they had learnt during their course of instruction would suffice for their wants. For the details 1 Sacred Books of the East, vol. xiv, p. xli. 4 a liv. LAWS OF MANU. were settled according to the law of custom, which, as the Dharma-s(tras themselves indicate, was in ancient times even a greater power in India than it is in our days. When the sacred law became a separate science to which men devoted all or the best part of their energy, the case became different. However much the specialists might be convinced of the supreme importance of the moral side of the Dharma, they could not possibly shut their eyes against the glaring deficiencies of the old text-books, and they were, of a necessity, driven to remedy them. In order to effect this, two courses were open to them. They might either remodel the old existing works or compose entirely new ones. As might be expected from the universal tendency, observable throughout the whole of the sacred literature of India, they gave preference to the former alternative, and the result of their work was that class of the secondary Sm~ritis, the chief surviving representatives of which are the Dharmasdstras of Manu and YAgiavalkya. These works reveal their origin by the following marks. They are the exclusive property of the special law schools, and they show a fuller and more systematic treatment of all legal topics, while, at the same time, more or less clear traces of older redactions, connected with the Vedic schools, are to be found. They are free from all signs of sectarian influence, or of having been composed, like many of the later Digests, at royal command. They, finally, exhibit unmistakable marks of being school-books. If we examine our Manu-smriti with respect to these points, its connexion with an older Vedic work has been shown above, and the fact that it is, and has been ever since we have any information regarding its existence, in the keeping of the Pazdits, who especially devote themselves to the study of law, will be patent to every student of the Dharmasdstras. That it treats all legal topics more fully and more systematically than the Dharma-sitras, and especially devotes much more space to those subjects which are briefly noticed in the latter works, is no less evident. It will suffice here to point out the fact that the description of the duties of the king, including INTRODUCTION, Ww
2It will suffice here to point out the fact that the description of the duties of the king, including INTRODUCTION, Ww the administration of justice and the civil and criminal law, occupies considerably more than one-third of the whole. For chapters vii-ix contain no less than 982 verses, while the total number amounts to 2,684}. None of the older law-books devotes more than one-fifth of its text to such matters?, The freedom of the Manu-smriti from all sectarian influence is perfect. It nowhere teaches the performance of other rites than those prescribed in the Vedic writings, and it nowhere inculcates the exclusive worship of one of the deities of the Paurazik sects as we find it recommended, for instance, in the Vishzu-smriti, Nor is there any hint that it was written by order of some king or chief with the purpose of serving as a Digest of the © sacred law. Finally, the marks of its being a school-book, intended for the instruction of all Aryas, are unmistakable. We are told, Manu I, 103, that ‘a learned Brahmana must carefully study these (Institutes), and must duly instruct his pupils in them,’ but that ‘ nobody else (shall do it). Who the pupils, entitled to learn the work, are, is explained II, 16. There it is said that ‘he for whom (the performance of) the rites, beginning with the Garbhadhdna and ending with the Antyeshéi, is ordained together with recitation of sacred formulas, is entitled to study it, but no other man whatsoever.’ Hence Brahmans are to teach the SAstra, and all Aryas may learn it. It further agrees with its character as a school-book, if the phalasruti or statement of the rewards to be gained by its study, Manu XII, 126, asserts that a twice-born man, who is able to recite ‘these Institutes, will be always virtuous in conduct, and will reach (i. e. after death) whatever condition he desires.’ The first object which the student may gain is self-improvement, and the second happiness after death *. 1 About the same ratio, 367: 1009 is found in Yagfavalkya's Smriti. ? Thus in the Gautamtya, seven pages of the text out of thirty-four are filled with legal matters; in the Vasish¢ha, twelve pages out of eighty-one; in the Apastambtfya, ten ont of ninety-eight ; and in the Baudhayantya, about seven out of a hundred and fifteen, ® Other secondary Smritis, e.g. YagAavalkya’s (III, 330-334), give much ‘more detailed statements regarding the rewards to be obtained. But in substance they always agree with Manu. Ivi LAWS OF MANU:
3YagAavalkya’s (III, 330-334), give much ‘more detailed statements regarding the rewards to be obtained. But in substance they always agree with Manu. Ivi LAWS OF MANU: If we accept the conclusion which the preceding discussion tends to establish, that the special law schools produced the first and the most ancient division of the secondary Smritis on the basis of older Dharma-sftras, and that one among these schools, which, however, cannot be further specified, turned the Manava Dharma-sitra into our metrical Smriti!, we obtain also satisfactory answers to two other questions. First, it becomes explicable why the latter work shows so little connexion with the special doctrines and usages of the Manavas. If adherents of the Vedic Manava school, as Professor E. Hopkins conjectures?, had undertaken the revision of their Dharma-sitra, they would not have forgotten to mention such ceremonies as those which, according to their Grzhya-sitra, must be performed on beginning the study of particular portions of their Samhit43, and, above all, they would have allowed Mantras belonging to the Maitrayazi Sakha to stand. Again, if the task had fallen to the share of the members of some other Vedic school, we should find some points mentioned which were of special interest to them. The entire absence of all distinctive marks of any Vedic school which the Manu-smriti exhibits can only be explained on the hypothesis that it was remodelled by persons for whom such minute distinctions had no interest, and who concentrated their attention on those rules which they considered essential for all Aryas. Secondly, the view expressed above furnishes us with an answer to the question why the Manv-smriti, like all other works of its class, emphatically claims the allegiance of all Hindus. It is obvious that every special law school must assert, if its labour is not to be in vain, the general applicability of its doctrines and rules to all mankind. If we now turn to the second point, what reasons induced the special law schools to select just the Manava Dharma-sitra among the large number of similar works This view, which I first taught in my lectures on the Hindu law, delivered in the Vienna University during the winter, 1881-82, has been accepted by Professor J. Jolly, Tagore Lectures, p. 41, and Lecture II passim, as well as p. 347 (end). * Proceedings of the American Oriental Society, October, 1883, p. xix. 5 See above, p. xxxix, note 5. INTRODUCTION.' Ivii for the basis of their studies and to recast it, the answer is not difficult to find. The reason for this selection, and for the high veneration in which the Manu-smriti has been held and is still held by Hindus, lies, without doubt, ° in the myths which, since very early times, have clustered round the name of Manu, and in progress of time have been more and more developed and brought into a system.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1legal advisers of kings and chiefs, or as judges, and to settle the law between man and man, the few general principles which they had learnt during their course of instruction would suffice for their wants. For the details 1 Sacred Books of the East, vol. xiv, p. xli. 4 a liv. LAWS OF MANU. were settled according to the law of custom, which, as the Dharma-s(tras themselves indicate, was in ancient times even a greater power in India than it is in our days. When the sacred law became a separate science to which men devoted all or the best part of their energy, the case became different. However much the specialists might be convinced of the supreme importance of the moral side of the Dharma, they could not possibly shut their eyes against the glaring deficiencies of the old text-books, and they were, of a necessity, driven to remedy them. In order to effect this, two courses were open to them. They might either remodel the old existing works or compose entirely new ones. As might be expected from the universal tendency, observable throughout the whole of the sacred literature of India, they gave preference to the former alternative, and the result of their work was that class of the secondary Sm~ritis, the chief surviving representatives of which are the Dharmasdstras of Manu and YAgiavalkya. These works reveal their origin by the following marks. They are the exclusive property of the special law schools, and they show a fuller and more systematic treatment of all legal topics, while, at the same time, more or less clear traces of older redactions, connected with the Vedic schools, are to be found. They are free from all signs of sectarian influence, or of having been composed, like many of the later Digests, at royal command. They, finally, exhibit unmistakable marks of being school-books. If we examine our Manu-smriti with respect to these points, its connexion with an older Vedic work has been shown above, and the fact that it is, and has been ever since we have any information regarding its existence, in the keeping of the Pazdits, who especially devote themselves to the study of law, will be patent to every student of the Dharmasdstras. That it treats all legal topics more fully and more systematically than the Dharma-sitras, and especially devotes much more space to those subjects which are briefly noticed in the latter works, is no less evident. It will suffice here to point out the fact that the description of the duties of the king, including INTRODUCTION, Ww
2It will suffice here to point out the fact that the description of the duties of the king, including INTRODUCTION, Ww the administration of justice and the civil and criminal law, occupies considerably more than one-third of the whole. For chapters vii-ix contain no less than 982 verses, while the total number amounts to 2,684}. None of the older law-books devotes more than one-fifth of its text to such matters?, The freedom of the Manu-smriti from all sectarian influence is perfect. It nowhere teaches the performance of other rites than those prescribed in the Vedic writings, and it nowhere inculcates the exclusive worship of one of the deities of the Paurazik sects as we find it recommended, for instance, in the Vishzu-smriti, Nor is there any hint that it was written by order of some king or chief with the purpose of serving as a Digest of the © sacred law. Finally, the marks of its being a school-book, intended for the instruction of all Aryas, are unmistakable. We are told, Manu I, 103, that ‘a learned Brahmana must carefully study these (Institutes), and must duly instruct his pupils in them,’ but that ‘ nobody else (shall do it). Who the pupils, entitled to learn the work, are, is explained II, 16. There it is said that ‘he for whom (the performance of) the rites, beginning with the Garbhadhdna and ending with the Antyeshéi, is ordained together with recitation of sacred formulas, is entitled to study it, but no other man whatsoever.’ Hence Brahmans are to teach the SAstra, and all Aryas may learn it. It further agrees with its character as a school-book, if the phalasruti or statement of the rewards to be gained by its study, Manu XII, 126, asserts that a twice-born man, who is able to recite ‘these Institutes, will be always virtuous in conduct, and will reach (i. e. after death) whatever condition he desires.’ The first object which the student may gain is self-improvement, and the second happiness after death *. 1 About the same ratio, 367: 1009 is found in Yagfavalkya's Smriti. ? Thus in the Gautamtya, seven pages of the text out of thirty-four are filled with legal matters; in the Vasish¢ha, twelve pages out of eighty-one; in the Apastambtfya, ten ont of ninety-eight ; and in the Baudhayantya, about seven out of a hundred and fifteen, ® Other secondary Smritis, e.g. YagAavalkya’s (III, 330-334), give much ‘more detailed statements regarding the rewards to be obtained. But in substance they always agree with Manu. Ivi LAWS OF MANU:
3YagAavalkya’s (III, 330-334), give much ‘more detailed statements regarding the rewards to be obtained. But in substance they always agree with Manu. Ivi LAWS OF MANU: If we accept the conclusion which the preceding discussion tends to establish, that the special law schools produced the first and the most ancient division of the secondary Smritis on the basis of older Dharma-sftras, and that one among these schools, which, however, cannot be further specified, turned the Manava Dharma-sitra into our metrical Smriti!, we obtain also satisfactory answers to two other questions. First, it becomes explicable why the latter work shows so little connexion with the special doctrines and usages of the Manavas. If adherents of the Vedic Manava school, as Professor E. Hopkins conjectures?, had undertaken the revision of their Dharma-sitra, they would not have forgotten to mention such ceremonies as those which, according to their Grzhya-sitra, must be performed on beginning the study of particular portions of their Samhit43, and, above all, they would have allowed Mantras belonging to the Maitrayazi Sakha to stand. Again, if the task had fallen to the share of the members of some other Vedic school, we should find some points mentioned which were of special interest to them. The entire absence of all distinctive marks of any Vedic school which the Manu-smriti exhibits can only be explained on the hypothesis that it was remodelled by persons for whom such minute distinctions had no interest, and who concentrated their attention on those rules which they considered essential for all Aryas. Secondly, the view expressed above furnishes us with an answer to the question why the Manv-smriti, like all other works of its class, emphatically claims the allegiance of all Hindus. It is obvious that every special law school must assert, if its labour is not to be in vain, the general applicability of its doctrines and rules to all mankind. If we now turn to the second point, what reasons induced the special law schools to select just the Manava Dharma-sitra among the large number of similar works This view, which I first taught in my lectures on the Hindu law, delivered in the Vienna University during the winter, 1881-82, has been accepted by Professor J. Jolly, Tagore Lectures, p. 41, and Lecture II passim, as well as p. 347 (end). * Proceedings of the American Oriental Society, October, 1883, p. xix. 5 See above, p. xxxix, note 5. INTRODUCTION.' Ivii for the basis of their studies and to recast it, the answer is not difficult to find. The reason for this selection, and for the high veneration in which the Manu-smriti has been held and is still held by Hindus, lies, without doubt, ° in the myths which, since very early times, have clustered round the name of Manu, and in progress of time have been more and more developed and brought into a system.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
No commentary for this page.