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Dharmaśāstra

Dharmaśāstra are Sanskrit Puranic Smriti texts on law and conduct, and refer to treatises (śāstras) on Dharma. Like the Dharmasūtras which are based upon the Vedas, these texts are also elaborate law commentaries based on the Vedas, and evolved from Dharmasutras. There are many Dharmaśāstras, variously estimated to number from 18 to over 100. Each of these texts exists in many different versions, and each is rooted in Dharmasutra texts dated to the 1st millennium BCE that emerged from Kalpa (Vedanga) studies in the Vedic era.

History
King Tribhuvana Malla Deva in 1083 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 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. 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 the people of that time. This led to the formation of Vedic Supplements called the Vedangas which literally means 'limbs of the Veda'. The Dharmasutras 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 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 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. The Dharmasūtras of Āpastamba and Baudhāyana form a part of larger Kalpasutra texts, all of which has survived into the modern era. The verse style was used to compose the Dharmaśāstras such as the Manusmriti, the Hindu epics, and the Puranas. is the most studied and earliest metrical work of the Dharmaśāstra textual tradition of Hinduism. The medieval era Buddhistic law of Myanmar and Thailand are also ascribed to Manu, and the text influenced past Hindu kingdoms in Cambodia and Indonesia. • The (~ 4th to 5th-century CE) has been called the "best composed" and "most homogeneous" text of the Dharmaśāstra tradition, with its superior vocabulary and level of sophistication. It may have been more influential than Manusmriti as a legal theory text. • The (~ 5th to 6th-century CE) has been called the "juridical text par excellence" and represents the only Dharmaśāstra text which deals solely with juridical matters and ignoring those of righteous conduct and penance. • The (~ 7th-century CE) is one of the latest books of the Dharmaśāstra tradition in Hinduism and also the only one which does not deal directly with the means of knowing dharma, focusing instead on the bhakti tradition. In addition, numerous other Dharmaśāstras are known, partially or indirectly, with very different ideas, customs and conflicting versions. For example, the manuscripts of and the 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 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 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 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. ==Contents of Dharmasutras and Dharmaśāstra==
Contents of Dharmasutras and Dharmaśāstra
on a copper plate recording a land grant made by Rāja Purushottam Deb, king of Odisha, in the fifth year of his reign (1483). Land grants made by royal decree were protected by law, with deeds often being recorded on metal plates 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 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, 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 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 is the case with Parasara-Smriti for instance, while some solely discuss Vyavahara. Ācāra 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. Vyavahāra Vyavahāra (व्यवहार) literally means "judicial procedure, process, practice, conduct and behaviour". The due process, honesty in testimony, considering various sides, was justified by Dharmaśāstra authors as a form of Vedic sacrifice, failure of the due process was declared to be a sin. The Vyavahara sections of Dharma texts included chapters on duties of a king, court system, judges and witnesses, judicial process, crimes and penance or punishment. However, the discussions and procedures in different Dharmasutra and Dharmaśāstra texts diverge significantly. Some Dharmaśāstra texts such as that attributed to Brihaspati, are almost entirely Vyavahāra-related texts. These were probably composed in the common era, around or after 5th-century of 1st millennium. Prāyaścitta Prāyaścitta (प्रायश्चित्त) literally means "atonement, expiation, penance". Prāyaścitta is asserted by the Dharmasutra and Dharmashastra texts as an alternative to incarceration and punishment, and a means of expiating bad conduct or sin such as adultery by a married person. Thus, in the Apastambha text, a willing sexual act between a male and female is subject to penance, while rape is covered by harsher judicial punishments, with a few texts such as Manusmriti suggesting public punishments in extreme cases. Those texts that discuss Prāyaścitta, states Robert Lingat, debate the intent and thought behind the improper act, and consider penance appropriate when the "effect" had to be balanced, but "cause" was unclear. The roots of this theory are found in the Brahmana layer of text in the Samaveda. ==Secondary works==
Secondary works
The Dharmasutras and Dharmasastras attracted secondary works called commentaries (Bhashya) & would typically interpret and explain the text of interest, accept or reject the ideas along with reasons why. Another category of secondary literature derived from the Dharmasutras and Dharmasastras were the digests (nibandhas, sometimes spelled nibhandas). These arose primarily because of the conflict and disagreements on a particular subject across the various Dharma texts. These digests attempted to reconcile, bridge or suggest a compromise guideline to the numerous disagreements in the primary texts, however the digests in themselves disagreed with each other even on basic principles. Geographically, the medieval era digest writers came from many different parts of India, such as Assam, Bengal, Bihar, Gujarat, Kashmir, Karnataka, Maharashtra, Odisha, Tamil Nadu, and Uttar Pradesh. Some important nibandhas are • Caturvargacintāmaṇi of Hemādri, composed around A. D. 1260-1270 • Kṛtya-kalpataru of Lakṣmīdhara, a minister of the king Govindacandra of KanaujNirṇayasindhu of , composed around A. D. 1612 • Smṛticandrikā of Devaṇṇabhaṭṭa (A. D. 1150-1225) • Smṛtikaustubha of Anantadeva (grandson of Eknāth), composed around A. D. 1645-1695 • Smṛtiratnākara of Caṇḍeśvara Ṭhakkura, composed around A. D. 1314 • Smṛtitattva or commonly referred to as Astāviṃśati-tattva of RaghunandanaVīramitrodaya of Mitramiśra (A. D. 1610-1640) • Dāyabhāga of Jīmūtavāhana, composed around A. D. 1100 • Vyavahāra-mayūkha & Bhagavanta-bhāskara of Nīlakaṇṭha Bhaṭṭa, cousin of Kamalākara Bhaṭṭa (17th century) • Smṛtisindhu and its summary Tattvamuktāvalī, Dattaka-mīmāṁsā of Nandapaṇḍita (A. D. 1580-1630) • Ṭoḍarānanda of Rājā Ṭoḍaramal, composed around A. D. 1572-1589, sponsored by the Mughal emperor AkbarDharmasindhu of Kāśīnātha Upādhyāya, composed around A. D. 1790-91 The nibandhakāras discussed almost all aspects of society, but specialised in certain topics compared to others. Women jurists A few notable historic digests on Dharmasastras were written by women. The scholarly works of Lakshmidevi were also published with the pen name Balambhatta, and are now considered classics in legal theories on inheritance and property rights, particularly for women. ==Dharma texts and the schools of Hindu philosophy==
Dharma texts and the schools of Hindu philosophy
The Mimamsa school of Hindu philosophy developed textual hermeneutics, theories on language and interpretation of Dharma, ideas which contributed to the Dharmasutras and Dharmasastras. The Vedanga fields of grammar and linguistics – Vyakarana and Nirukta – were the other significant contributors to the Dharma-text genre. Mimamsa literally means the "desire to think", states Donald Davis, and in colloquial historical context "how to think, interpret things, and the meaning of texts". In the early portions of the Vedas, the focus was largely on the rituals; in the later portions, largely on philosophical speculations and the spiritual liberation (moksha) of the individual. The Nyaya school of Hindu philosophy, and its insights into the theories on logic and reason, contributed to the development of and disagreements between the Dharmasastra texts, and the term Nyaya came to mean "justice". ==Influence==
Influence
Dharmaśāstras played an influential role in modern era colonial India history, when they were used as the basis for the law of the land for all non-Muslims (Hindus, Jains, Buddhists, Sikhs). The East India Company, and later the British Crown, sought profits for its British shareholders through trade as well as sought to maintain effective political control with minimal military engagement. The colonial policy on the system of personal laws for India, for example, was expressed by Governor-General Hastings in 1772 as follows, {{Quote| That in all suits regarding inheritance, marriage, caste and other religious usages or institutions, the law of the Koran with respect to Mohamedans, and those of the Shaster [Dharmaśāstra] with respect to Gentoos shall be invariably be adhered to. For Muslims of British India, the Sharia or the religious law for Muslims was easily available in al-Hidaya and Fatawa al-Alamgir written under the sponsorship of Aurangzeb. But for non-Muslims (followers of Dharmic religions and others such as Tribal people and Parsis), this information was not readily available. However, the Hindu laws as designed by the British, was solely drawn upon from a single text (Manusmriti with the commentary of the Bengali Hindu scholar Kulluka Bhatta, which was widely respected among Bengali Hindu intermediaries of the British living in the capital of Calcutta) & later British-era collections saw increasing importance of canonical texts over secondary sources & prevalent customary law, in a manner similar to the sola scriptura doctrine. The Dharmashastra-derived laws for non-Muslim Indians were dissolved after India gained independence, but Indian Muslim Personal Law (Shariat) Application Act of 1937 continued to be the personal and family law for Indian Muslims. ==Major English translations==
Major English translations
For beginners • Olivelle, Patrick. 1999. Dharmasūtras: The Law Codes of Āpastamba, Gautama, Baudhāyana, and . New York: Oxford UP. • Olivelle, Patrick. 2004. The Law Code of Manu. New York: Oxford UP. Other major translationsKane, P.V. (ed. and trans.) 1933. on Vyavahāra (Law and Procedure). Poona: Oriental Book Agency. • Lariviere, Richard W. 2003. ''''. 2nd rev. ed. Delhi: Motilal Banarsidass. • Rocher, Ludo. 1956. Vyavahāracintāmani: a digest on Hindu legal procedure. Gent. Early translations with full-text online • Jha, Ganganath (trans.), Manusmṛti with the Manubhāṣyya of Medhātithi, including additional notes, 1920. • Bühler, Georg (trans.), The Laws of Manu, SBE Vol. 25, 1886. • Bühler, Georg (trans.), The Sacred Laws of the Āryas, SBE Vol. 2, 1879 [Part 1: Āpastamba and Gautama] • Bühler, Georg (trans.), The Sacred Laws of the Āryas, SBE Vol. 14, 1882 [Part 2: and Baudhāyana] • Jolly, Julius (trans.), The Institutes of , SBE Vol. 7, 1880. • Jolly, Julius (trans.), The Minor Law-Books, SBE Vol. 33. Oxford, 1889. [contains both ' and '] ==See also==
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