Part 1 - Dharmaśāstra: its meaning

The term dharmaśāstra is a compound word comprising two component words i.e., dharma and śāstra. They are interrelated to each other. Of these two, the term dharma is having diverse connotations. It is used first as a noun and then as an adjective. Its use is found both in masculine and neuter genders^[1] in Vedic and Classical Sanskrit literature. To substantiate this point a few texts both from Vedic and Classical Sanskrit have been shown below with the intended meaning of the word dharma used in them. In the Vedic expression ‘tāni dharmāṇi prathamānyāsan’ under Asyavāmasya sūkta^[2], the word dharma is used in neuter. It is stated here how dharma has first originated from the performance of the Yajñas by the Gods which is their natural functions.^[3] In another verse of the Ṛgveda, dharma is used in masculine in the sense of sustainer and upholder of all. Here dharma, is applied as the essence of Pitu i.e., anna (food). Pitu is the life force and drink, herbal drinks meant for his worshippers to consume, to sustain the body and the life.^[4] In the Atharvaveda also the word dharma is revealed in masculine. It contains a list of religious duties the source of which is nothing but the Brahma. Brahma is the substratum of all excellent qualities of dharma such as right determination, righteous speech, virtue, detachment from pleasure, duties and responsibilities with sacrifice, gifts and oblation.^[5]

The Chāndogyopaniṣad also reveals the term dharma in masculine while explaining the three skandhas of dharma to be observed by a student during his brahmacaryāśrama.^[6] The opening sūtra of Gautama-Dharmasūtra is ‘Vedo dharmamūlam’. Here too this word is expressed in masculine as it is clearly stated by Haradutta in his commentary Mitākṣarāvṛtti that, dharma possesses invisible characteristics in its results in terms of prosperity through activities.^[7] The Manusmṛti (Manusaṃhitā) exclusively deals with dharma where the word dharma is used in masculine.^[8] Kullūka in his Muktāvalī has explained it in the same gender.^[9] Dharma in masculine has glorified gārhaṣṭhyāśrama in Bhaviṣyapurāṇa.^[10] From the above discussion it is clear that, the Vedic literature uses the term both in neuter and masculine gender, whereas the Post-Vedic and Classical Sanskrit literature use it in masculine gender.

1 Etymology of the term Dharma

The word dharma is derived from the root dhṛ with the addition of the suffix man to it. The root dhṛ means to hold, to preserve, to bind together, to maintain etc. The etymological definition of dharma is first seen stated in the Śāntiparva of the Mahābhārata.^[11]

It further adds two characteristics to dharma in its scope. They are—

1. prosperity i.e., prabhava and
2. non-violence i.e., ahiṃsā.

2 Scope of Dharma

Dharma in its greater sense includes goodness, righteousness, justice, merit, doctrine of duties and rights, religious and moral duties, and spiritual matters,^[12] besides cleanliness, sanitation, and behavior, polite ways of conduct, duties of four āśramas, and duties of the king etc., all pertaining to an ideal society. Dharma is a quality of mind or soul which is not perceived, but it is the sole friend of creation and prosperity in both the worlds. It is an invisible substance and therefore amūrta and apūrva. But its existence can be inferred from the effect it produces.^[13] According to Naiyāyikas, dharma is an innate property of the self.^[14]

Kaṇāda while explaining the import of dharma gave stress on two conditions viz., prosperity and highest happiness.^[15] The first of them is for the attainment of the mundane welfare including heavenly enjoyment and the second the realization of the Supreme Being and immortality of the life.^[16] Dharma is always a faith coupled with rational justification. It adheres to its allegiance to the authority of the Vedic revelation but without dogmatism in its execution.

3 Etymology of the term śāstra and its scope

Śāstra (from the root śās, to govern) indicates code of law, code of conduct etc., concerning all aspects of the entire life of an individual and the society as a whole. Through the proper knowledge and guidance of these codes a dharmaśāstra (Dharmaśāstra) could advise religious procedure and the dharmādhyakṣa (judge) becomes able to pronounce verdict to settle any dispute. In India during the Post-Vedic period, a good number of such śāstric works unique in the style of metrics codes, were composed to suit the human values i.e., puruṣārthacatuṣṭayaḥ of an Aryan society.

4 The Elements of Dharmaśāstra

The two elements that constitute the term dharmaśāstra are viz., the dharmasūtra and the smṛti. The term dharmaśāstra as observed by V.A. Ramaswami Sastri in the Cultural Heritage of India-‘is generally applied to both the Dharmasūtra and metrical codes, otherwise known as smṛti s’.^[17] The Dharmasūtras are generally assigned to the period prior to that of the Dharmaśāstra, popularly known as smṛtis. It is one of the three sections of the Kalpasūtra under Vedāṅgas. The Śrautasūtra, the first among them deals with sacrifices based on the śrauta or as detailed in the Vedas. The second i.e., the Smārta-sūtra as designated by V.M. Apte is divided into two classes viz., the Gṛhyasūtra and the Dharmasūtra.^[18] The Gṛhyasūtra deals with the numerous sacraments applicable to the domestic life of a man and his family. The Dharmasūtras are directly connected with the gṛhyasūtras that deal with dharma. The Dharmasūtras contain manifold subjects of which the subjects may be stated as follows: the duties of four castes, four stages of life, the ritual ceremony of investiture with the sacred thread, marriage, the duties and responsibilities of a king, the rules of taxation, inheritance, money lending, debts, witness, the law of punishment, ownership of property, impurities of different kinds, rules about food and drink, duties of women, various funeral rites and rules of expiation etc.

In respect of the treatment of the topics cited above and other it may be said that many of the Dharmasūtras are considered to be the supplementary texts to the Śrautasūtras and Gṛhyasūtras that come through the different śākhās of different Vedas.^[19]

Though the Dharmasūtra is a section of the Kalpasūtra, it should be kept in mind that contrary to that notion, a few Dharmasūtras i.e., the Gautama dharmasūtra is an independent work of this class. It is believed to be the earliest work of Dh.sū written during 600-400 BC. This work is studied by the Chandogas as it belongs to the Rāṇāyanīyaśākhā of the Sāmaveda.^[20]

Besides Gautama an illustrious writer on Dharmasūtra, there are also other dharmasūtrakāras who contributed greatly towards Indian law codes. Among them a group of prominent writers came up and among those the following are noteworthy as such, Baudhāyana, Āpastamba, Hiraṇyakeśī, Vasiṣṭḥa, Viṣṇu, Hārita and ŚaṃkhaLikhita. The others were: Atṛ, Uśanā, Kaṇva, Kāśyapa, Gārgya, Jātukarṇya, Devala, Paithināśī, Bṛhaspati, Bharadvāja, Śātātapa and Sumantu may be referred to.^[21]

5 The Smṛti s

The term smṛti ordinarily denotes acts of remembrance or inward recollection. In the sense of the law-books of the Hindus, it means the reminiscences of the Vedic teaching recollected by the smṛtikāras who have studied the Vedas and learnt their implied meaning completely. Reflecting on the extant smṛti works, Sir Monier William holds that ‘the whole body of sacred tradition or what is remembered by the human teachers, in its widest acceptation this use of the term smṛti, includes the 6 Vedāṅgas, the sūtras both śrauta and gṛhya, the law books of Manu & etc. the Itihāsa, the Purāṇas and the Nīti-śāstra s’.^[22] Although Dharmasūtra is generally included in the domain of Dharmaśāstra, still Smṛti is widely akin to the Dharmaśāstra. This concept is justified by one statement of Manu that says: Veda is nothing but the Śruti and so also, Smṛti is the Dharmaśāstra^[23] The Smṛti in its wider sense is applied to all ancient orthodox Non-Vedic works such as Panini’s Aṣṭādhyāyī, the Śrauta, Gṛhya and other Dharmasūtras, the Mahābhārata, Manusaṃhitā, and others. In a narrower sense Smṛti and Dharmaśāstra are synonyms.^[24]

The Smṛts consider the Vedas to be the primary source of all laws. But the laws that were newly introduced in the succeeding Dharmaśāstra are not expected to exist there in the extant texts of the Vedas. The Vedas have to be learnt first directly through the Vedic text or sometimes indirectly through the Smṛti texts. Manu together with other smṛtikāras and a host of nibandhakāras of later period precisely adopted some new codes of conduct not familiar to the Vedas in their works, however kept them in conformity with the Veads.^[25]

The Smṛtis in its wider sense accepts Dharmasūtra in its scope. They are authored by human beings. They accept Veda as their source. In spite of that the Dharmasūtras do not betray any penchant towards any Vedic Schools. Further the Dharmaśāstra with proper and systematic way elaborates almost the same topics as done by the Dharmasūtras in three aspects, viz., Ācāra, Vyavahāra and Prāyaścitta.

In the History of Dharmaśāstra, we find inclusion of fourteen kinds of ‘vidyāsthāna’ enumerated for the first time in the Yājñavalkyasmṛti.^[26]

These are—

1. the four Vedas,
2. six Vedāṅgas,
3. Purāṇas,
4. Nyāya,
5. Mīmāṃsā and
6. Dharmaśāstra

On the other hand, the Viṣṇupurāṇa added a list of it adding another four to the above Vidyās. These four Vidyās are—

1. Āyurveda,
2. Dhanurveda,
3. Gāndharvaveda and
4. Atharvaveda.^[27]

Footnotes and references:

[back to top]

[1]:

cf., Jha, Tarinish and Sarma, Dvaraka Prasad, Sanskrit Śabdārtha Kaustubha, Allahabad, 1957, p.549

[2]:

yajñena yajñamayajanta devāstāni dharmāṇi prathamānyāsan/
te ha nākaṃ mahimānaḥ sacanta yatra pūrve sādhāyāḥ santi dev āḥ// Ṛgveda,i.164.50

[3]:

Ghosh, Durba (ed.), Rajmohan Nath Racanavali, p.440

[4]:

pituṃ nu stoṣaṃ maho dharmāṇaṃ taviṣīm/
yasya trito vyojasā vṛttraṃ viparvamardayat// Ṛgveda, i.187.1

[5]:

ṛtaṃ satyaṃ tapo rāṣṭraṃ śramo dharmaśca karma ca/
bhūtaṃ bhaviṣyaducchiṣṭe vīryaṃ lakṣmīrvalaṃ vale// Atharvaveda., xi.9.17

[6]:

trayo dharmaskandhā yajño'dhyayanaṃ dānamiti/
prathamastapa dvitīyo brahmacaryācāryakulavāsī tṛtīyotyantamātmānamācāryakūle'vasādyan/
sarva ete puṇya lokā bhavanti brahmasaṃstho'mṛtametvati// Chāndogyopaniṣad, ii.23.1

[7]:

karmajanyo'bhyudayaniḥśreyasaheturapūrvākhya ātmaguṇo dharmaḥ//
Haradutta on Gautama dharmasūtra,i.1.1

[8]:

vidvadbhiḥ sevitaḥ sadbhirnityamadveṣarāgibhiḥ/
hṛdayenābhyanugato yodharmastanivodhnata// Manusaṃhitā,ii.1

[9]:

vedapramāṇakaḥ śreyaḥ sādhakaṃ dharma ityataḥ//
Kullūka on Manusaṃhitā,ii.1

[10]:

dharmaścārthaśca kāmaśca tṛvargaṣṭriguṇo mataḥ/
sattvaṃ rajastamaśceti tasmātdharmaṃ samāśrayet// Bhaviṣyapurāṇa i.14

[11]:

dhāranād dharmamityāhurdharmo dhārayate prajāḥ/
yat syāt dhāraṇasaṃyuktaṃ ca dharma iti niścaya// Mahābhārata, Śāntiparva, xii.109.1

[12]:

Sundararajan, K.R. & Mukharji, Bithika, Hindu Spirituality, p.564

[13]:

jayati jagadekabandhurlokadvita yasya saṃpado hetuḥ/
parahitamūrtiraḍṛṣṭa phalānumeyasthiti dharmaḥ// Inscriptions of Ancient Assam., p.41

[14]:

sukhaduḥkhayorasādhāraṇakāraṇe dharmādharmau/
tau cā pratyakṣāvapyāgamagamyau/
anumāṇagamyau ca// Tarkabhāṣā., p.210

[15]:

yato'bhyudayaniḥśreyasaḥ siddhiḥ sa dharmaḥ/ Vaiśeṣikasūtra, i.2

[16]:

Das, Bhagavan, The Essential Unity of All Religions, p.71

[17]:

(ed.) De S.K., Ghosal, U.N., Pusalkar, A.D. & Hazara, R.C., Cultural Heritage of India, Vol. II, p. 308

[18]:

Ibid ., Vol.I , p.243

[19]:

Ibid ., Vol. I, p. 302

[20]:

Pandey, U.C., Gautama dharmasūtra, p.13

[21]:

Ibid., pp.8 -9

[22]:

William, Sir Monier, Monier, A Sanskrit-English Dictionary, p.1272

[23]:

śrutistu vedo vigjñeyo dharmaśāstram tu vai smṛtiḥ/ Manusaṃhitā, ii.10

[24]:

Kane, P.V., HDS., Vol. I, p. 131

[25]:

vedo'khilo dharmamūlaṃ smṛtiśile ca tadvidām/
ācāraścaiva sādhunāmātmanatuṣṭireva ca// Manusaṃhitā, ii.6

[26]:

purāṇa-nyāya-mīmāṃsā dharmaśāstrāṅgamiśritāḥ/
vedāḥ sthānāni vidyānāṃ dharmasya ca caturdaśaḥ/ Yājñavalkyasmṛti, i.3

[27]:

aṅgāni vedaścatvāro mīmāṃsā nyāyavistaraḥ purāṇaṃ dharmaśāstrañca vidyāḥ yetahś caturdaśa/
āyurvedo dhanurvedo gāṅdharvaścaiva te trayaḥ/
arthaśāstraṃ caturathastu vidyāhyaṣṭādaśaiva tāḥ// Viṣṇupurāṇa, iii.6.28-29