Yajnavalkya-smriti (Vyavaharadhyaya)—Critical study

by Kalita Nabanita | 2017 | 87,413 words

This page relates ‘Meaning of the Term smriti’ of the study on the Vyavaharadhyaya of the Yajnavalkya-smriti: one of the most prominent Smritis dealing with Dharmashastra (ancient Indian science of law), dating to the 1st century B.C. The Yajnavalkyasmriti scientifically arranges its contents in three sections: Acara (proper conduct), Vyavahara (proper law) and Prayashcitta (expiation). Vyavahara deals with judicial procedure and legal system such as substantive law and procedural law.

Chapter 1.1a - Meaning of the Term smṛti

The Smṛti literature indicates the post-Vedic treatises, which are repository of ancient Indian rules for the proper management of society in almost all walks of human life. Etymologically, the Sanskrit word smṛti has been derived from the root smṛ, meaning ‘to remember’ with affix ktin. Here the term smṛti is in contradiction to the word śruti. The word śruti is derived from the root śru, ‘to hear’, meaning, what is heard or have been revealed, refers to the Vedas.[1] Thus, Smṛti signifies remembered tradition or knowledge, derived from memory, in opposition to the Śruti, which is the knowledge, acquired through revelation.

The word smṛti is used to denote two meanings. In its wider sense, Smṛti means all ancient non-Vedic works, which are written from one’s memory. Hence, Smṛti includes the Vedāṅgas, the Mahābhārata, the Rāmāyaṇa, the Dharmaśāstras, the Purāṇas, the Arthaśāstra, etc[2] . In its narrower sense, the meaning of Smṛti is limited to a kind of work, dealing with dharma and therefore the Smṛtis are called the Dharmaśāstras.[3] The Dharmaśāstra is a general term applied to two species of its kind viz. the Dharmasūtras and the Smṛtis.[4] The Dharmaśāstras are the treatises written for regulating the rights and liabilities of the king, and members of the society, to meet the requirement of a changing society. Among them, those written in sūtra form are known as the Dharmasūtra and those, which are in the form of ślokas (verses) are known as the Smṛtis.[5] Hence, the term dharmaśāstra is much wider than the term dharmasūtra. The word dharmaśāstra is applied often to the Smṛtis in opposition to the Dharmaūtras. Patrick Olivelle observes that the distinction between Sūtra and Śāstra appeared much less clear in their early usage, however, in the later expert tradition of Dharma and Mīmāṃsā, it appeared that Śāstra had a broader semantic range and included the Sūtra compositions, as well as the metrical Smṛtis.[6]

The Dharmasūtras and the Smṛtis deal with same subject-matters, but the Smṛtis are more extensive works and treat rules of a juridical nature in more details. However, the Smṛtis do not neglect the observances and practices of religion or ritual also. They contain matters mixed of religion, cosmogony, law, ritual and moral. Scholars have distinguished the Smṛtis from the Dharmasūtras depending upon certain points of differences.

The differences between the Dharmasūtra and the Smṛti are laid down in the following ways[7] -

(i) The Dharmasūtras are primarily written in the sūtra style, i.e. aphoristic language and in some of them verses are interspersed. On the other hand, the Smṛtis are composed in verses only.

(ii) The use of archaic forms is more distinct in the Dharmasūtras than that of the Smṛtis.

(iii) The authors of the Dharmasūtras do not attribute any divine origin whereas, origin of the Smṛtis such as of Manu, Yājñavalkya, etc., are attributed to gods like Brahmā.

(iv) The Dharmasūtras do not arrange the topics in an orderly manner, but the Smṛtis deal with their contents in order and under distinct heads.

(v) The Dharmasūtras form part of the Kalpasūtras or are closely connected with the Gṛhyasūtras. The Smṛtis do not show any such resemblance.

(vi) Unlike the Smṛtis, the Dharmasūtras are affiliated to certain Vedic schools where they were studied. This tradition is absent in the Smṛtis.

Footnotes and references:

[1]:

śrutistu vedo vijñeyḥ/ Manusmṛti,2.10

[2]:

Vide, Kane, P.V., History of Dharmaśāstra, Volume1, Part 1, page299

[3]:

dharmaśāstraṃ tu vai smṛtiḥ/ Manusmṛti,2.10

[4]:

De, S. K., et al (Edited), The Cultural Heritage of India, Volume2, page308

[5]:

Vide, Rama Jois, M., Legal and Constitutional History of India, page22

[6]:

Vide, Olivelle, P., Dharmasūtras-The Law Codes of Āpastamba, Gautama, Baudhāyana and Vasiṣṭha, p.xvii

[7]:

Vide, Banerji, S. C., Dharmasūtras-A Study in Their Origin and Development, page2

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