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Vasishtha gives only one quotation from Hārīta, II, 6. Hārīta
was one of the ancient Sūtrakāras of the Black Yagur-veda, who is
known also to Baudhāyana.
From a passage which Krishnapandita quotes
in elucidation of [paragraph continues] Vasishtha XXIV, 6, I conclude
that Hārīta was a Maitrāyanīya 1.
The relation of the Vāsishtha Dharma-sūtra to Gautama and Baudhāyana
has already been discussed in the introduction to the translation of
the former work 2.
To the remarks on its connexion with Baudhāyana it must be added that
the third Prasna of the Baudhāyana Dharma-sūtra, from which
Vasishtha's twenty-second chapter seems to have been borrowed, perhaps
does not belong to the original work, but is a later, though
presumably a very ancient, addition to the composition of the founder
of the Baudhāyana school. The reasons for this opinion will be given
below. If Baudhāyana's third Prasna is not genuine, but has been
added by a later teacher of that school, the interval between Baudhāyana
and the author of the Vāsishtha Dharmasāstra must be a very
considerable one. I have, however, to point out that the inference
regarding the priority of Baudhāyana to Vasishtha is permissible only
on the sup-position that Vasishtha's twenty-second chapter is not a
later addition to the latter work, and that, though it is found in all
our MSS., this fact is not sufficient to silence all doubts which
might be raised with respect to its genuineness; for we shall see
presently that other chapters in the section on penances have been
tampered with by a later hand. It will, therefore, be advisable not to
insist too strongly on the certainty of the conclusion that Vasishtha
knew and used Baudhāyana's work.
In the introduction to his translation of the Vishnusmriti 3,
Professor Jolly has pointed out two passages of Vasishtha which, as he
thinks, have been borrowed from Vishnu, and prove the posteriority of
the Vāsishtha Dharmasāstra, if not to the Vishnusmriti, at least to
its original, the Kāthaka Dharma-sūtra. He contends that the passage
Vasishtha XXVIII, 20-15 is a versification of the Sūtras of Vishnu
LVI, which, besides being clumsy, shows a number of corruptions and
grammatical mistakes, and that Vasishtha XXVIII, 18--22 has been
borrowed from Vishnu LXXXVII. Professor Jolly's assertion regarding
the second passage involves, however, a little mistake. For the first
two Slokas, Vasishtha XXVIII, 18-19, describe not the gift of the skin
of a black antelope, which is mentioned in the first six Sūtras of
Vishnu LXXXVII, but the rite of feeding Brāhmans with honey and
sesamum grains, which occurs Vishnu XC, 10. The three verses,
Vasishtha XXVIII, 20--22, on the other hand, really are the same as
those given by Vishnu LXXXVII, 8-10. It is, however, expressly stated
in the Vishnusmriti that they contain a quotation, and are not the
original composition of the author of the Dharma-sūtra. Hence no
inference can be drawn from the recurrence of the same stanzas in the
Vāsishtha Dharma-sūtra. As regards the other passage, Vasishtha
XXVIII, 10-15, Professor Jolly is quite right in saying that it is a
clumsy versification of Vishnu's Sūtras, and it is not at all
improbable that Vasishtha's verses may have been immediately derived
from the Kāthaka. The further inference as to the priority of the
ancient Kāthaka-sūtra to Vasishtha, which Professor Jolly draws from
the comparison of the two passages, would also be unimpeachable, if
the genuineness of Vasishtha's twenty-eighth chapter were certain. But
that is unfortunately not the case. Not only that chapter, but the
preceding ones, XXV--XXVII, in fact the whole section on secret
penances, are, in my opinion, not only suspicious, but certainly
betray the hand of a later restorer and corrector. Everybody who
carefully reads the Sanskrit text of the Dharma-sūtra will be struck
by the change of the style and the difference in the language which
the four chapters on secret penances show, as compared with the
preceding and following sections. Throughout the whole of the first
twenty-four chapters and in the last two chapters we find a mixture of
prose and verse. With one exception in the sixth chapter, where
thirty-one verses form the beginning of the section on the rule of
conduct, the author follows always one and the same plan in arranging
his materials. His own rules are given first in the form of aphorisms,
and after these follow the authorities for his doctrines, which
consist either of Vedic passages or of verses, the latter being partly
quotations taken from individual authors or works, partly specimens of
the versified maxims current among the Brāhmans, and sometimes
memorial verses composed by the author himself. But chapters
XXV--XXVIII contain not a single Sūtra. They are made up entirely of
Anushtubh Slokas, and the phrases 1
'I will now declare,' 'Listen to my words,' which are so
characteristic of the style of the later metrical Smritis and of the
Purānas, occur more frequently than is absolutely necessary. Again,
in the first twenty-four and the last two chapters the language is
archaic Sanskrit, interspersed here and there with Vedic anomalous
forms. But in the four chapters on secret penances we have the common
Sanskrit of the metrical Smritis and Purānas, with its incorrect
forms, adopted in order to fit inconvenient words into the metre. Nor
is this all. The contents of a portion of this suspicious section are
merely useless repetitions of matters dealt with already in the
preceding chapters, while some verses contain fragmentary rules on a
subject which is treated more fully further on. Thus the description
of the Krikkhra and Kāndrāyana penances, which has been given XXI,
20 and XXIV, 45, is repeated XXVII, 16, 21. Further, the enumeration
of the purificatory texts XXVIII, 10-15 is merely an enlargement of
XXII, 9. Finally, the verses XXVIII, 16-22 contain detached rules on
gifts, and in the next chapter, XXIX, the subject is begun once more
and treated at considerable length. Though it would be unwise to
assume that all genuine productions of the old Sūtrakāras must,
throughout, show regularity and consistency, the differences between
the four chapters and the remainder of the work, just pointed out,
are, it seems to me, sufficient to warrant the conclusion that they do
not belong to the author of the Institutes. Under these circumstances
it might be assumed that the whole section is simply an interpolation.
But that would be going too far. For, as other Dharma-sūtras show,
one or even several chapters on secret penances belonged to such
works. Moreover, in the section on women, Vasishtha V, 3-4, the author
makes a cross-reference to the rahasyas, the section on secret
penances, and quotes by anticipation half a Sloka which is actually
found in chapter XXVIII. The inference to be drawn from these facts
is, that the section on secret penances is not simply a later addition
intended to supply an omission of the first writer, but that, for some
reason or other, it has been remodelled. The answer to the question
why this was done is suggested, it seems to me, partly by the state of
the MSS. of the Vāsishtha Dharmasāstra, and partly by the facts
connected with the treatment of ancient works by the Pandits, which my
examination of the libraries of Northern India has brought to light 1.
MSS. of the Vāsishtha Dharmasāstra are very rare,. and among those
found only three are complete. Some stop with chapter X, others with
chapter XXI, and a few in the middle of the thirtieth Adhyāya.
Moreover, most of them are very corrupt, .and even the best exhibit
some Sūtras which are hopeless. These circumstances show clearly that
after the extinction of the Vedic school, with which the work
originated, the Sūtra was for some time neglected, and existed in a
few copies only, perhaps even in a single MS. The materials on which
the ancient Hindus wrote, the birch bark and the palm leaves, are so
frail that especially the first and last leaves of a Pothī are easily
lost or badly damaged. Instances of this kind are common enough in the
Gaina and Kasmīr libraries, where the beginning and still more
frequently the end of many works have been irretrievably lost. The
fate of the Vāsishtha Dharmasāstra, it would seem, has been similar.
The facts related above make it probable that the MS. or MSS. which
came into the hands of the Pandits of the special law schools, who
revived the study of the work, was defective. Pieces of the last
leaves which remained, probably showed the extent of the damage done,
and the. Pandits set to work at the restoration of the lost portions,
just as the Kasmīrian Sāhebrām Pandit restored the Nīlamata-purāna
for Mahārāga Ranavirasimha. They, of course, used the verses which
they still found on the fragments, and cleverly supplied the remainder
from their knowledge of. Manu and other Smritis, of the Mahābhārata
and the Purānas. This theory, I think, explains all the difficulties
which the present state of the section on secret penances raises.
Perhaps it may be used also to account for some incongruities
observable in chapter XXX. The last two verses, XXX, 9-10, are
common-places which are frequently quoted in the Mahābhārata, the
Harivamsa, the Pańkatantra, and modern anthologies. With their
baldness of expression and sentiment they present a strong contrast to
the preceding solemn passages from the Veda, and look very much like
an unlucky attempt at filling up a break at the end of the MS. In
connexion with this subject it ought, however, to be mentioned that
this restoration of the last part of the Vāsishtha Dharmasāstra must
have happened in early times, at least more than a thousand years ago.
For the oldest commentators and compilers of digests on law, such as
Vigńānesvara 1,
who lived at the end of the eleventh century A. D., quote passages
from the section on secret penances as the genuine utterances of
Vasishtha. These details will suffice to show why I differ from
Professor Jolly with respect to his conclusion from the agreement of
the verses of Vasishtha XXVIII, 10-15 with the Sūtras of Vishnu LVI.
With the exception of the quotations, the Vāsishtha Dharmasāstra
contains no data which could be used either to define its relative
position in Sanskrit literature or to connect it with the historical
period of India. The occurrence of the word Romaka, XVIII, 4, in some
MSS., as the name of a degraded caste of mixed origin, proves
nothing,, as other MSS. read Rāmaka, and tribes called Rama and Rāmatha
are mentioned in the Purānas. It would be wrong to assert on such
evidence that the Sūtra belonged to the time when the Romans, or
rather the Byzantines (Rōmaioi), had political relations with India.
Nor will it be advisable to adduce the fact that Vasishtha XVI, 10,
14, 15 mentions written documents as a. means of legal proof, in order
to establish the 'comparatively late' date of the Sūtra. For though
the other Dharma-sūtras do not give any hint that the art of writing
was known or in common use in their times, still the state of society
which they describe is so advanced that people could not have got on
without writing, and the proofs for the antiquity of the Indian
alphabets are now much stronger than they were even a short time ago.
The silence of Āpastamba and the other Sūtrakāras regarding written
documents is probably due to their strict adherence to a general
principle under-lying the composition of the Dharma-sūtras. Those
points only fall primarily within the scope of the Dharma-sūtras
which have some immediate, close connexion with the Dharma, the
acquisition of spiritual merit. Hence it sufficed for them to give
some general maxims for the fulfilment of the gunadharma of kings, the
impartial administration of justice, and to give fuller rules
regarding the half-religious ceremony of the swearing in and the
examination of witnesses. Judicial technicalities, like the
determination of the legal value of written documents, had less
importance in their eyes, and were left either to the desākāra, the
custom of the country, or to the Nīti and Artha-sāstras, the
Institutes of Polity and of the Arts of common life. It would, also,
be easy to rebut attempts at assigning the Vāsishtha Dharma-sūtra to
what is usually 'a comparatively late period' by other pieces of
so-called internal evidence tending to show that it is an ancient
work. Some of the doctrines of the Sūtra undoubtedly belong to an
ancient order of ideas. This is particularly observable in the rules
regarding the subsidiary sons, which place the offspring even of
illicit unions in the class of heirs and members of the family, while
adopted sons are relegated to the division of members of the family
excluded from inheritance. The same remark applies to the exclusion of
all females, with the exception of putrikās or appointed daughters,
from the succession to the property of males, to the permission to
re-marry infant widows, and to the law of the Niyoga or the
appointment of adult widows, which Vasishtha allows without
hesitation, and even extends to the wives of emigrants. But as most of
these opinions occur also in some of the decidedly later metrical
Smritis, and disputes on these subjects seem to have existed among the
various Brāhmanical schools down to a late period, it would be
hazardous to use them as arguments for the antiquity of the Sūtra.
The following points bear on the question where the original home
of the Vedic school, which produced the Dharma-sūtra, was situated.
First, the author declares India north of the Vindhyas, and especially
those portions now included in the North-western Provinces, to be the
country where holy men and pure customs are to be found, I, 8-16.
Secondly, he shows a predilection for those redactions of the Veda and
those Sūtras which belong to the northern half of India, viz. for the
Kāthaka, the Vāgasaneyi-sākhā, and the Sūtras of Manu and Hārīta.
Faint as these indications are, I think, they permit us to conclude
that the Sūtra belongs to a Karana settled in the north.
As regards the materials on which the subjoined translation is
based, I have chiefly relied on the Benares edition of the text, with
the commentary of Krishnapandita Dharmādhikārī, and on a rough
edition with the varietas lectionum from the two MSS. of the Bombay
Government Collection of 1874-75 1,
B. no. 29 and Bh. no. 30, a MS. of the Elphinstone College Collection
of 1867-68, E. no. 23 of Class VI, and an imperfect apograph F. in my
own collection, which was made in 1864 at Bombay. The rough edition
was prepared under my superintendence by Vāmanākārya Ghalkīkar,
now teacher of Sanskrit in the Dekhan College, Puna. When I wrote the
translation, the Bombay Government MSS. were not accessible to me. I
could only use my own MS. and, thanks to the kindness of Dr. Rost,
Colebrooke's MS., I. O. no. 913, from which the now worthless Calcutta
editions have been derived either immediately or mediately. These
materials belong to two groups. The Bombay MS. B., which comes from
Benares, closely agrees with Krishnapandita's text; and E., though
purchased at Puna, does not differ much from the two. Bh., which comes
from Bhuj in Kakh, and my own MS. F. form. a second group, towards
which Colebrooke's MS., I. O. no. 913, also leans. Ultimately both
groups are derived from one codex archetypus.
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