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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1For the former belong to the artificial framework which has been placed round the old Sftra,and the latter ought to stand in chapter XI. From the quotation in INTRODUCTION. Ixix Vasishtha IV, 5-8, it is further evident that the rules on the permissibility of meat have been much altered and enlarged in accordance with the growing repugnance against the slaughter of animals. The last section of the same chapter, on the duties of women, has probably had the same fate. The example of the V4sishtha Dharmasdstra shows that some of the old Sdtrak4ras treated the duties of women in two separate sections’. But it also proves that they did not, as our Manu-smrti does, go twice over the same matter. It is evident that either here or in the beginning of the ninth chapter the same verses have been needlessly repeated by the author of the remodelled version. In the sixth chapter there is only one passage, vv. 61-82, which goes beyond the range of the Dharma-sitras. None of the latter enters into such details regarding the meditations to which an ascetic must give himself up in order to attain salvation. The subject naturally tempted the remodeller of the Smriti to expand the shorter notes of the original. Very different is the case of the next three chapters, VII-IX, which treat of the duties of a king, and of civil and criminal law. These sections probably bear only a faint resemblance to the corresponding portions of the original work. Among the 226 verses of the seventh chapter there are only fifty-four to which passages of the Dharma-sitras and the Vishzusmriti correspond. If one pays attention to the rules regarding the king’s duties, given in the Dharma-sitras of Gautama, Apastamba, and Vasishtha, as well as to the references to the opinions of the Manavas and of Manu, made in the Kamandakiya Nitis4ra?, it would seem probable that the contents of this section of the Manava DharmasQtra cannot have differed very much from those of the third chapter of Vishnu, and that about two-thirds of the seventh Adhydya of our Manu-smriti have been added _ when it was recast. With respect to the eighth chapter and the first 224 verses of the ninth, which give the rules regarding the eighteen titles of the law, the remodeller seems to have been equally active. We must ascribe to 1 See Vas. V and XVII, 55-80. § See above, p. xxxvi. Ixx’ LAWS OF MANU.
2With respect to the eighth chapter and the first 224 verses of the ninth, which give the rules regarding the eighteen titles of the law, the remodeller seems to have been equally active. We must ascribe to 1 See Vas. V and XVII, 55-80. § See above, p. xxxvi. Ixx’ LAWS OF MANU. him the systematic arrangement of the legal rules, which is not found in any of the ancient Dharma-sitras, and is even neglected in the Vishzu-smviti. He is most probably also responsible for more than one-half of the verses of these chapters. In the eighth Adhydya only three-sevenths of the rules of our Manu can be traced in the Dharma-sitras or in the Vishvu-smriti, which latter, as far as these topics are concerned, may be considered a faithful representative of the Kashaka Dharma-sitra!. Two of Manu’s titles, concerns among partners? and the resumption of gifts, are not mentioned in the older works ; and the rules under a third, rescission of purchase and sale, have no resemblance - to those of Vishzu. In the ninth chapter the chief topics, treated under the head, duties of husband and wife, are discussed or at least touched on in the Satras. But the latter place them differently, and give them much more con- | cisely. The notes tothe translation showthat only one-fourth of Manu’s verses corresponds to utterances of the ancient teachers. The section on inheritance has probably suffered much less, since upwards of eighty verses out of one hundred and seventeen agree with the teaching of the Sitras, and since among those, the contents of which are not represented in the older works, only eleven, vv. 108-110, 128-129, 133, 138, 147, 184, 215, and 217, are really suspicious or clearly interpolated. Most of these latter contain clumsy repetitions of matters discussed in other places, and v. 217 gives a supplementary rule which but ill agrees with the spirit pervading the remainder of the section. Some of the other, apparently unsuspicious, verses may, of course, possibly be interpolations. But their contents are in harmony with the spirit of the Dharma-sitras, and with the eliminations, proposed above, Manu’s theory of inheritance and partition is selfconsistent. The views, expressed under the eighteenth title, on gambling and betting, agree with those of Gautama and Baudhayana, who both strongly disapprove of these prac- * To this conclusion points the absence of systematic arrangement in Vish#u III-v. 3 Manv’s rules on this subject have probably been borrowed from a Srautasfitra, where the distribution of the sacrificial fees is usually explained. INTRODUCTION. xxi
33 Manv’s rules on this subject have probably been borrowed from a Srautasfitra, where the distribution of the sacrificial fees is usually explained. INTRODUCTION. xxi tices. The former enumerates the gambler among the men who defile the company at a Sraddha, and the latter names gambling among the crimes which render men impure. Though Apastamba and Vishzu are less puritanical, and permit gambling under royal, i.e. police-supervision, or provide only punishments for cheating (Vishzu V, 134-135), the teaching of our Smriti is, nevertheless, probably ancient. But the section has been enlarged by the addition of miscellaneous rules and by the allusion to the evil results of gambling ‘in former ages,’ i.e. to those exemplified by the fate of Yudhish¢/ira and Nala. The last 106 verses of the ninth chapter which, according to the table of contents in the first chapter, teach the removal of (men nocuous like) thorns (kan¢akoddharaaa), correspond to a part of the prakirzaka or miscellaneous rules of Yagfavalkya and Narada. This section seems to have grown out of those legal rules in the Manava Dharma-sitra which did not fit into the system of the eighteen titles. But, as very few verses only correspond to rules of the Dharma-sitras, its ancient portion is probably small. The greater part of its contents is made up of repetitions and additions inserted by the author of the remodelled version. The rules on times of distress, given in chapter X, differ considerably from those of the Dharma-sitras, as they include also the theory of the descent of the mixed castes. The older works treat this subject either in connexion with the law of marriage or with the rules of inheritance. Considering the great inequality which the Sdtras show in the arrangement of the various topics, it is, however, not impossible that the Manava Dharma-sdtra placed the section on the mixed castes just before the 4paddharmas, and that the author of the metrical version combined both in one chapter and gave them a common title. But it is not in the least doubtful that the treatment of the subject in the former work must have been very different from that which it receives in vv. 1-74. The Dharma-sitras enumerate either one or two sets of mixed castes, briefly indicating their origin, and, sometimes, their modes of life. They also add a few verses or rules regarding the changes to be xxii LAWS OF MANU.
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.
1For the former belong to the artificial framework which has been placed round the old Sftra,and the latter ought to stand in chapter XI. From the quotation in INTRODUCTION. Ixix Vasishtha IV, 5-8, it is further evident that the rules on the permissibility of meat have been much altered and enlarged in accordance with the growing repugnance against the slaughter of animals. The last section of the same chapter, on the duties of women, has probably had the same fate. The example of the V4sishtha Dharmasdstra shows that some of the old Sdtrak4ras treated the duties of women in two separate sections’. But it also proves that they did not, as our Manu-smrti does, go twice over the same matter. It is evident that either here or in the beginning of the ninth chapter the same verses have been needlessly repeated by the author of the remodelled version. In the sixth chapter there is only one passage, vv. 61-82, which goes beyond the range of the Dharma-sitras. None of the latter enters into such details regarding the meditations to which an ascetic must give himself up in order to attain salvation. The subject naturally tempted the remodeller of the Smriti to expand the shorter notes of the original. Very different is the case of the next three chapters, VII-IX, which treat of the duties of a king, and of civil and criminal law. These sections probably bear only a faint resemblance to the corresponding portions of the original work. Among the 226 verses of the seventh chapter there are only fifty-four to which passages of the Dharma-sitras and the Vishzusmriti correspond. If one pays attention to the rules regarding the king’s duties, given in the Dharma-sitras of Gautama, Apastamba, and Vasishtha, as well as to the references to the opinions of the Manavas and of Manu, made in the Kamandakiya Nitis4ra?, it would seem probable that the contents of this section of the Manava DharmasQtra cannot have differed very much from those of the third chapter of Vishnu, and that about two-thirds of the seventh Adhydya of our Manu-smriti have been added _ when it was recast. With respect to the eighth chapter and the first 224 verses of the ninth, which give the rules regarding the eighteen titles of the law, the remodeller seems to have been equally active. We must ascribe to 1 See Vas. V and XVII, 55-80. § See above, p. xxxvi. Ixx’ LAWS OF MANU.
2With respect to the eighth chapter and the first 224 verses of the ninth, which give the rules regarding the eighteen titles of the law, the remodeller seems to have been equally active. We must ascribe to 1 See Vas. V and XVII, 55-80. § See above, p. xxxvi. Ixx’ LAWS OF MANU. him the systematic arrangement of the legal rules, which is not found in any of the ancient Dharma-sitras, and is even neglected in the Vishzu-smviti. He is most probably also responsible for more than one-half of the verses of these chapters. In the eighth Adhydya only three-sevenths of the rules of our Manu can be traced in the Dharma-sitras or in the Vishvu-smriti, which latter, as far as these topics are concerned, may be considered a faithful representative of the Kashaka Dharma-sitra!. Two of Manu’s titles, concerns among partners? and the resumption of gifts, are not mentioned in the older works ; and the rules under a third, rescission of purchase and sale, have no resemblance - to those of Vishzu. In the ninth chapter the chief topics, treated under the head, duties of husband and wife, are discussed or at least touched on in the Satras. But the latter place them differently, and give them much more con- | cisely. The notes tothe translation showthat only one-fourth of Manu’s verses corresponds to utterances of the ancient teachers. The section on inheritance has probably suffered much less, since upwards of eighty verses out of one hundred and seventeen agree with the teaching of the Sitras, and since among those, the contents of which are not represented in the older works, only eleven, vv. 108-110, 128-129, 133, 138, 147, 184, 215, and 217, are really suspicious or clearly interpolated. Most of these latter contain clumsy repetitions of matters discussed in other places, and v. 217 gives a supplementary rule which but ill agrees with the spirit pervading the remainder of the section. Some of the other, apparently unsuspicious, verses may, of course, possibly be interpolations. But their contents are in harmony with the spirit of the Dharma-sitras, and with the eliminations, proposed above, Manu’s theory of inheritance and partition is selfconsistent. The views, expressed under the eighteenth title, on gambling and betting, agree with those of Gautama and Baudhayana, who both strongly disapprove of these prac- * To this conclusion points the absence of systematic arrangement in Vish#u III-v. 3 Manv’s rules on this subject have probably been borrowed from a Srautasfitra, where the distribution of the sacrificial fees is usually explained. INTRODUCTION. xxi
33 Manv’s rules on this subject have probably been borrowed from a Srautasfitra, where the distribution of the sacrificial fees is usually explained. INTRODUCTION. xxi tices. The former enumerates the gambler among the men who defile the company at a Sraddha, and the latter names gambling among the crimes which render men impure. Though Apastamba and Vishzu are less puritanical, and permit gambling under royal, i.e. police-supervision, or provide only punishments for cheating (Vishzu V, 134-135), the teaching of our Smriti is, nevertheless, probably ancient. But the section has been enlarged by the addition of miscellaneous rules and by the allusion to the evil results of gambling ‘in former ages,’ i.e. to those exemplified by the fate of Yudhish¢/ira and Nala. The last 106 verses of the ninth chapter which, according to the table of contents in the first chapter, teach the removal of (men nocuous like) thorns (kan¢akoddharaaa), correspond to a part of the prakirzaka or miscellaneous rules of Yagfavalkya and Narada. This section seems to have grown out of those legal rules in the Manava Dharma-sitra which did not fit into the system of the eighteen titles. But, as very few verses only correspond to rules of the Dharma-sitras, its ancient portion is probably small. The greater part of its contents is made up of repetitions and additions inserted by the author of the remodelled version. The rules on times of distress, given in chapter X, differ considerably from those of the Dharma-sitras, as they include also the theory of the descent of the mixed castes. The older works treat this subject either in connexion with the law of marriage or with the rules of inheritance. Considering the great inequality which the Sdtras show in the arrangement of the various topics, it is, however, not impossible that the Manava Dharma-sdtra placed the section on the mixed castes just before the 4paddharmas, and that the author of the metrical version combined both in one chapter and gave them a common title. But it is not in the least doubtful that the treatment of the subject in the former work must have been very different from that which it receives in vv. 1-74. The Dharma-sitras enumerate either one or two sets of mixed castes, briefly indicating their origin, and, sometimes, their modes of life. They also add a few verses or rules regarding the changes to be xxii LAWS OF MANU.
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.
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