The Dharma Sutras part I. Translated by George Büehler PublishingOnline Seattle Published by: PublishingOnline 1200 192ndSt., Ste. 300 Seattle, WA 98148 www.publishingonline.com  2001 PublishingOnline ISBN: 1-4011-0140-2 Cover Design by Vladimir Verano The Dharma Sutras THE SACRED LAWS OF THE ARYAS AS TAUGHT IN THE SCHOOLS OF APASTAMBA, GUATAMA, VASISHTHA, AND BAUDHAYANA TRANSLATED BY GEORG BÜLER. PART I APASTAMBA AND GAUTAMA (1879) Sacred Books of the East, Volume II F. Max Müller, editor 3 George Büehler, translator CONTENTS INTRODUCTION TO ÂPASTAMBA INTRODUCTION TO GAUTAMA ÂPASTAMBA’S APHORISMS ON THE SACRED LAW. General Rules Initiation Studentship A Student who has returned Home The Study of the Veda A Student who has returned Home Saluting Purification Eating, and Forbidden Food Lawful Livelihood Penance Rules for a Snâtaka The Duties of a Householder 4 The Dharma Sutras, part I. Inheritance Funeral Mations The Four Orders The King GAUTAMA’S INSTITUTES OF THE SACRED LAW. Initiation Purification Studentship The Ascetic The Hermit The Householder Saluting Times of Distress A King and Brâhmana versed in the Vedas The Duties of a Snâtka Lawful Occupations and Livelihood The Duties of a King Civil and Criminal Law Witnesses 5 George Büehler, translator Impurity Funeral Oblations The Study of the Veda Eating, and Forbidden Food Women Penances Inheritance 6 The Dharma Sutras, part I. INTRODUCTION TO ÂPASTAMBA. FOR all students of Sanskrit philology and Indian history Âpastamba’s aphorisms on the sacred law of the Aryan Hindus possess a special interest beyond that attaching to other works of the same class. Their discovery enabled Professor Max Müller, forty-seven years ago, to dispose finally of the Brahmanical legend according to which Hindu society was supposed to be governed by the codes of ancient sages, compiled for the express purpose of tying down each individual to his station, and of strictly regulating even the smallest acts of his daily life [1]. It enabled [1. Max Müller, History of Ancient Sanskrit Literature, p. 133 seq. The following letter, addressed to the late W. H. Morley, and published by him in his Digest of ludian Cases, 1850, may be of interest as connected with the first discovery of the Âpastamba- sûtras:- 9, Park Place, Oxford, July 29, 1849. MY DEAR MORLEY,—I have been looking again at the law literature, in order to write you a note on the sources ofManu. I have treated the subject fully in my introduction to the Veda, where I have given an outline of the different periods of Vaidik literature, and analysed the peculiarities in the style and language of each class of Vaidik works. A hat I consider to be the sources of the Mânava-dharma-sûtra, the so-called Laws of Manu, are the Sûtras. These are works which presuppose the development 7 George Büehler, translator of the prose literature of the Brâhmanas (like the Aitareya- brâhmana, Taittirtya-brâhmana, &c.) These Brâhmanas, again, presuppose, not only the existence, but the collection and arrangement of the old hymns of the four Samhitâs. The Sûtras are tberefore later than both these classes of Vaidik works, but they must be considered as belonging to the Vaidik period of literature, not only on account of their intimate connection with Vaidik subjects, but also because they still exhibit the irregularities of the old Vaidik language. They form indeed the last branch of Vaidik literature; and it will perhaps be possible to fix some of these works chronologically, as they are contemporary with the first spreading of Buddhism in India, Again, in the whole of Vaidik literature there is no work written (like the Mânava-dharma-sûtra) in the regular epic Sloka, and the continuous employment of this rnetre is a characteristic mark of post-Vaidik writings. One of the principal classes of Sûtras is known by the nameof Kalpa-sûtras, or rules of ceremonies. These are avowedly composed by human authors, while, according to Indian orthodox theology, both the hymns and Brâhmanas are to be considered as revelation. The Sûtras generally bear the name of their authors, like the Sûtras of Âsvalâyana, Kâtyâyana, &c., or the name of the family to which the Sûtras belonged. The great number of these writings is to be accounted for by the fact that there was not one body of Kalpa-sûtras binding on all Brahmanic families, but that different old families had each their own Kalpa-sûtras. These works are still very frequent in our libraries, yet there is no doubt that many of them have been lost. Sûtras are quoted which do not exist in Europe, and the loss of some is acknowledged by the Brahmans themselves. There are, however, lists of the old Brahmanic families which were in possession of their own redaction of Vaidik hymns (Samhitâs), of Brâhmanas, and of 8 The Dharma Sutras, part I. Sûtras. Some-of these families followed the Rig-veda, some the Yagur-veda, the Sama-veda, and Atharva-veda; and thus the whole Vaidik literature becomes divided into four great classes of Brâhmanas and Sûtras, belonging to one or the other of the four principal Vedas. Now one of the families following the Yagur-veda was that of the Mânava (cf. Karanavyûha). There can be no doubt that that family, too, had its own Sûtras. Quotations from Mânava-sûtras are to be met with in commentaries on other Sûtras; and I have found, not long ago, a MS. which cortains the text of the Mânava- srauta-sûtras, though in a very fragmentary state. But these Sûtras, the Srauta-sûtras, treat only of a certain branch of ceremonies connected with the great sacrifices. Complete Sûtra works are divided into three parts: 1. the first (Srauta), treating on the great sacrifices; 2. the second (Grihya), treating on the Samskâras, or the purificatory sacraments; 3. the third, (Sâmayâkârika or Dharma-sûtras), treating on emporal duties, customs, and punishments. The last two classes of Sûtras seem to be lost in the Mânava-sûtra. This loss is. however, not so great with regard to tracing the sources of the Mânava-dharma- sâstra, because whenever we have an opportunity ofcomparing Sûtras belonging to different families, but following the same Veda, and treating on the same subjects, the differences appear to be very slight, and only refer to less important niceties of the ceremonial. In the absence, therefore, of the Mânava- sâmayâkârika-sûtras, I have taken another collection of Sûtras, equally belonging to the Yagur-veda, the Sûtras of Âpastamba. In his family we have not only a Brâhmana, but also Âpastamba Srauta, Grihya, and Sâmayâkârika-sûtras. Now it is, of course, the third class of Sûtras, on temporal duties, which are most likely to contain the sources of the later metrical Codes of Law, written in the classical Sloka. On a comparison of different subjects, such 9 George Büehler, translator as the duties of a Brahmakârin, a Gihastha, laws of inheritance, duties of a king, forbidden fruit, &c., I find that the Sûtras contain generally almost the same words which have been brought into verse by the compiler of the Mânava-dharma-sûtra. I consider, therefore, the Sûtras as the principal source of the metrical Smritis, such as the Mânava-dharma-sâstra, Yâgñavalkya-dharma-sâstra, &c., though there are also many other verses in these works which may be traced to different sources. They are paraphrases of verses of the Samhitâs, or of passages of the Brâhmanas, often retaining the same old words and archaic constructions which were in the original. This is indeed acknowledged by the author of the Mânava-dharma-sâstra, when he says (B. II, v. 6), ‘The roots of the Law are the whole Veda (Samhitâs and Brâhmanas), the customs and traditions of those who knew the Veda (as laid down in the Sûtras), the conduct of good men, and one’s own satisfaction.’ The Mânava-dharma-sâstra may thus be considerd as the last redaction of the laws of the Mânavas. Quite different is the question as to the old Manu from whom the family probably derived its origin, and who is said to have been the author of some very characteristic hymns in the Rig-veda- samhitâ. He certainly cannot be considered as the author of a Mânava-dharma-sûtra, nor is there even any reason to suppose the author of this work to have had the same name. It is evident that the author of the metrical Code of Laws speaks of the old Manu as of a person different from himself, when he says (B. X, v. 63), ‘Not to kill, not to lie, not to steal, to keep the body clean, and to restrain the senses, this was the short law which Manu proclaimed amongst the four castes.’Yours truly, M. M.] him not only to arrive at this negative result, but also to substitute a sounder theory the truth of which subsequent investigations have further confirmed, and to show that the sacred law of the Hindus has its source in the teaching of the Vedic schools, and 10