Chapter 2.1a - Dharma: Its Origin and Development

It is remarkable that the term dharma connotes the widest varieties of meanings. Therefore, it is difficult to get a precise rendering of the word dharma in English or any other language.

The origin of the concept of law can be traced back to the use of the term ṛta in the Ṛgveda. It means the supreme transcendental law or the cosmic order, which governs the universe, even the Gods and closely related with sacrifice.^[1] Subsequently, the idea of dharma took the place of the conception of ṛta. It is the derivative conception of ṛta and represents one of the special aspects of ṛta.^[2]

The word dharma has been derived from the root dhṛ, meaning to uphold, to support, to nourish. Thus, the root provides the most general sense of dharma. The sense of upholder or supporter or sustainer seems to be manifested in a few passages of the Ṛgveda.^[3] In many mantras of the Ṛgveda, the term dharma is used to denote religious ordinances or rites.^[4] Another meaning implied by dharma in the Ṛgveda is of fixed principles or rules of conduct.^[5] Besides containing the above-mentioned meanings, in the Atharvaveda, the word dharma appears to be used in the sense of merit acquired by the performance of religious rites.^[7]

Coming to the Brāhmaṇas, a sense of the whole body of religious duties appears to be signified by the term dharma in the Aitareyabrāhmaṇa.^[8] In the Bṛhadāraṇyakopaniṣad, the meaning of dharma is extended to law or righteousness in a passage. Here the supremacy of law is declared. Dharma is said to be the ruler of kings, so nothing is superior to it. It has been created to enable the king to protect the weak people over the strong people. Moreover, here it is expressed that dharma is indeed truth.^[9] The word dharma is applied in a passage of the Chāndogyopaniṣad to mean the religious duties and obligations to be observed by the persons of the special āśramas.^[10] This sense of the term dharma, found in the Chāndogyopaniṣad, has been widened and has become more prominent in later works. In one of the celebrated verses of the Śrīmadbhagavadgītā, dharma indicates the sense of particular duties attached to a person as a member of one of the castes and as a person in a particular stage of life.^[11]

The Mahābhārata contains a discussion on the topic of dharma. It explains dharma to be that which helps the uplift of living beings. Therefore, that which ensures welfare is certainly dharma and that which sustains is dharma.^[6] The author of the Mīmāṃsāsūtra, Jaimini defines dharma as that which is conducive to the highest good and indicated by the Vedic injunctions.^[12] In the Vaiśeṣikasūtra, defines dharma to be that from which exaltation and supreme good is accomplished.^[13] The word dharma is employed in a comprehensive sense in the Dharmaśāstra literature, which consists of the Dharmasūtras and the Smṛtis. The most frequent or common sense delivered in these literatures is the privileges, duties and obligations of a man, his standard of conduct as a member of Āryan community, as a member of one of the castes and as a person in a particular stage of life.^[14] It is stated in the Manusmṛti that the sages approached Manu to promulgate the dharmas of the castes.^[15] In the same way, the sages said to have requested Yājñavalkya to impart the instructions about dharmas of varṇas and āśramas.^[16]

Here the scope of dharma is described to be of five-fold viz.,

1. varṇadharma,
2. āśramadharma,
3. varṇāśramadharma,
4. naimittikadharma and
5. guṇadharma.^[17]

The Mitākṣarā adds one more aspect called sādhāraṇadharma along with the above mentioned five-fold dharmas.^[18] Guṇadharma refers to special duties of king and others, naimittikadharma means the secondary duties which are enjoined for transgression of prescribed duties, whereas, sādhāraṇadharma is common duties of all men. Manu enumerates non-violence, truthfulness, not coveting the property of others, purity and control of senses as the common dharma for all the varṇas.^[19] Yājñavalkya distinctly mentions nine dharmas which mean qualities or virtues to be adopted by each and every individual member of the society respectively non-violence, truthfulness, not stealing, purity, control of senses, charity, mercy, self restraint and forgiveness.^[20] Vasiṣṭha states that conduct or action is regarded as the basis of highest dharma for all, and people should always practise dharma, i.e. righteousness but not adharma, i.e. unrighteousness and one should speak the truth, not false etc.^[21] Dharma has been conceived as the ideal form of conduct. It used to embrace every type of righteous conduct covering every aspect of life essential for the sustenance and welfare of the individual and society. Thus, the term dharma signifies all kinds of rules such as religious, moral, legal, physical, metaphysical, or scientific in its widest sense.

Another aspect of the term dharma can be observed in the Āpastambadharmasūtra. Āpastamba states,

“Now we shall explain the sāmayācārika dharma.”^[22]

According to S. C. Banerji, the meaning of this expression is not specific or clear but he relies upon the commentary of Haradatta.^[23] The commentary gives the meaning of the term as arising out of the arrangement, settlement or ordinances made by human beings which are of three forms viz., vidhi, niyama and pratiṣedha, meaning, injunction, restrictions and prohibitions.^[24] The sāmayācārika dharma mentioned in the Āpastambadharmasūtra ceases to be visible in the later Dharmaśāstras. Jayaswal is of the opinion that dharmasamayas means the laws resolved upon by certain popular bodies which were the bodies of the Vedic school, collectively or individually. It is believed to be the communal rules agreed upon in assemblies.^[25]

The word dharma uses to give the meaning depending upon its contents. In the process of its development, dharma has been established as the solution to the eternal problems confronting human race such as conflict, fight, loss of happiness, peace, wealth, etc., arising out of natural instinct of human being. Here, dharma covers what may be called as positive or secular law. In the context of rājadharma, it denotes the law laying down the powers, duties, responsibilities of the king etc. Laws regulating the establishment of courts, their powers, functions, system of legal proceedings, the positive and civil law, etc., are incorporated as part of dharma and come to be called vyavahāra dharma.

It is stated in the Mahābhārata that, in remote past, there was not any state as everyone acted according to dharma, but due to its degradation in the society the king was created with the duty of enforcing dharma.^[26] The Nāradasmṛti explains vividly the cause for coming into existence of vyavahāra as a part of dharma. He delineates that when people acted themselves entirely according to the dictates of dharma and were truthful by nature then there was not any need of hatred, envy, so not any need of vyavahāra existed at that time. The practice of dharma having been disregarded and disappeared among mankind, vyavahāra has been introduced and the king is entrusted with the sole responsibility and power to enforce it as he has the authority to punish.^[27] Bṛhaspati also expresses the same view that, in the past men strictly followed dharma and abstained themselves from causing any mischievous act. Vyavahāra was prescribed to those who were overpowered by the passions, greediness, hatred, etc.³⁵ Hence it can be said that vyavahāra was established to protect people and to ensure rules of dharma, when the tendency to obey rules of dharma voluntarily degraded among individuals and they used to violate them very often. As a result, the laws for civil rights and liabilities, offences, penalties, procedures, etc., were codified and arranged, and it came to be captioned as vyavahāra.

The essential aspect of dharma in the sense of law is the clear recognition of the supremacy of dharma and enunciation of the status of dharma, which is more or less in terms of the modern concept of the rule of law, i.e. all being sustained and regulated by it. This becomes evident in the declaration of Manu that dharma being violated destroys and being protected protects.^[28]

It appears that dharma under the title vyavahāra includes rules of secular law evolved by the society through the ages. Thus, in the process of evolution of the term dharma, vyavahāra denotes a more developed concept of law, which deals with secular or positive law corresponding to modern sense of law.

Footnotes and references:

[1]:

Vide, Ṛgveda, 1.68.2, 1.105.12, 1.136.2, 1.142.7, 1.164.11, 2.28.4, 4.23.8-10, 10.190.1 etc.

[2]:

Kane, P. V., History of Dharmaśāstra, Volume 3, page 245

[3]:

cf., Ṛgveda, 1.187.1, 10.92.2

[4]:

cf., Ibid., 1.22.18, 5.26.6, 8.43.24, 9.64.1 etc.

[5]:

āprā rajāṃsi divyāni pārthivā ślokaṃ devaḥ kṛṇute svāya dharmaṇe/ Ibid., 4.53.3

[6]:

prabhāvārthāya bhūtānāṃ dharmapravacanaṃ kṛtam/ yatsyādahiṃsāsaṃyuktaṃ sa dharma iti niścayaḥ// dhāraṇāddharma ityāhurdharmeṇa vidhṛtāḥ prajāḥ/ yatsyāddhāraṇasaṃyuktaṃ sa dharma iti niścayaḥ// Mahābhārata, Śāntiparvan, 110. 10-11

[7]:

ṛtaṃ satyaṃ tapo rāṣṭraṃ śramo dharmaḥśca karma ca/ bhutaṃ bhaviṣyaducchiṣṭe vīryaṃ lakṣmīrbalaṃ bale// Atharvavedasaṃhitā, 11.9.17

[8]:

dharmasya goptājanīti tamabhyutkṛṣṭamevaṃbida bhiṣekṣyannetayārcābhimantrayeta/ Aitareyabrāhmaṇa, 7.17

[9]:

tadetat kṣatrasya kṣatraṃ yaddharmaḥ/ tasmāddharmātparaṃ nāsti/ atho abalīyān balīyāṃsamāśaṃsate dharmeṇa/ yathā rājñaivam/ yo vai sa dharmaḥ satyaṃ vai tat// Bṛhadāraṇyakopaniṣad, 1.4.14

[10]:

trayo dharmaskandhā yajñ’dhyayanaṃ dānamiti prathamastapa eva dvitīyo brahmacāryācāryakulavāsī tṛtīyo’tyantamātmānamācāryakule’vasādayansarva ete puṇyalokā bhavanti brahmasaṃstho’mṛtatvameti// Chāndogyopaniṣad, 2.23.1

[11]:

… svadharme nidhanaṃ śreyaḥ.../ Śrīmadbhagavadgitā,3.35

[12]:

codanālakṣaṇo’rtho dharmaḥ// Jaiminīyasūtra, 1.1.2

[13]:

yato’bhyudayaniḥśreyasasiddhiḥ sa dharmmaḥ// Vaiśeṣikasūtra, 1.1,2

[14]:

Kane, P.V., Op.cit., Volume 1, Part 1, page 3

[15]:

Manusmṛti, 1.2

[16]:

varṇāśrametarāṇāṃ no brūhi dharmānaśeṣataḥ/ Yājñavalkyasmṛti, 1.1

[17]:

Medhātithi on Manusmṛti, 2.25; Haradatta on Gautamadharmasūtra, 3.1.1

[18]:

Mitākṣarā on Yājñavalkyasmṛti, 1.1

[19]:

ahiṃsā satyamasteyaṃ śaucamindriyanigraḥ/ etaṃ sāmāsikaṃ dharma cāturvarṇye’bravīnmaruḥ// Manusmṛti, 10.63

[20]:

ahiṃsā satyamasteyaṃ śaucamindriyanigraḥ/ dānaṃ damo dayā kṣāntiḥ sarveṣāṃ dharmasādhanaṃ // Yājñavalkyasmṛti, 1.122

[21]:

ācāraḥ paramo dharmaḥ sarveṣāmiti niścayaḥ/ dharmaṃ carata mādharmaṃ satyaṃ vadata mānṛtam/ Vaśiṣṭhadharmasūtra, 6.1; 30.1

[22]:

athātaḥ sāmayācārikāndharmānvyākhyāsyāmaḥ// Āpastambadharmasūtra,1.1.1

[23]:

Vide, Banerji, S.C., Dharma-Sūtras—A Study in Their Origin and Development, page5

[24]:

pauruṣeyī vyavasthā samayaḥ sa ca trividhaḥvidhirniyamaḥ pratiṣedhaśceti, samayamūlā ācārāḥ samayācārāḥ, teṣu bhavāḥ sāmayācārikāḥ/ Haradatta on Āpastambadharmasūtra, 1.1.1

[25]:

Jayaswal, K.P., Manu and Yājñavalkya, page65

[26]:

Mahābhārata, Śāntiparvan, 59.14-141

[27]:

dharmaikatānāḥ puruṣā yadāsan satyavādinaḥ/ tadā na vyavahāro’bhūnna dveṣonāpi mātsaraḥ // Nāradasmṛti, 1.1³⁵ dharmapradhānā puruṣāḥ purvamāsannahiṃsakā/ lobha dveṣābhibhūtānāṃ vyavahāraḥ prakīrtitaḥ// Bṛhaspati quoted in Smṛticandrikā, Vyavahārakāṇḍa 1,page1

[28]:

dharma eva hato hanti dharmo rakṣati rakṣitaḥ/ Manusmṛti, 8.15