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amental meaning of dharma in dharmasūtras states olivelle is diverse and includes accepted norms of behavior procedures within a ritual moral actions righteousness and ethical attitudes civil and criminal law legal procedures and penance or punishment and guidelines for proper and productive living 42 the term dharma also includes social institutions such as marriage inheritance adoption work contracts judicial process in case of disputes as well personal choices such as meat as food and sexual conduct 43 the source of dharma scriptures or empiricism edit the source of dharma was a question that loomed in the minds of dharma text writers and they tried to seek where guidelines for dharma can be found 44 they sought to define and examine vedic injunctions as the source of dharma asserting that like the vedas dharma is not of human origin 44 this worked for rituals related rules but in all other matters this created numerous interpretations and different derivations 44 this led to documents with various working definitions such as dharma of different regions deshadharma of social groups jatidharma of different families kuladharma 44 the authors of dharmasutras and dharmashastra admit that these dharmas are not found in the vedic texts nor can the behavioral rules included therein be found in any of the vedas 44 this led to the incongruity between the search for legal codes and dharma rules in the theological versus the reality of epistemic origins of dharma rules and guidelines 44 the hindu scholar āpastamba in a dharmasutra named after him 400 bce made an attempt to resolve this issue of incongruity he placed the importance of the veda scriptures second and that of samayacarika or mutually agreed and accepted customs of practice first 45 āpastamba thus proposed that scriptures alone cannot be source of law dharma and dharma has an empirical nature 45 āpastamba asserted that it is difficult to find absolute sources of law in ancient books or current people states patrick olivelle with the righteous dharma and the unrighteous adharma do not go around saying here we are nor do gods gandharvas or ancestors declare this is righteous and that is unrighteous 45 most laws are based on agreement between the aryas stated āpastamba on what is right and what is wrong 45 laws must also change with ages stated āpastamba a theory that became known as yuga dharma in hindu traditions 46 āpastamba also asserted in verses 2 29 11 15 states olivelle that aspects of dharma not taught in dharmasastras can be learned from women and people of all classes 47 āpastamba used a hermeneutic strategy that asserted that the vedas once contained all knowledge including that of ideal dharma but parts of vedas have been lost 46 human customs developed from the original complete vedas but given the lost text one must use customs between good people as a source to infer what the original vedas might have stated the dharma to be 46 this theory called the lost veda theory made the study of customs of good people as a source of dharma and guide to proper living states olivelle 46 testimony during a trial the witness must take an oath before deposing single witness normally does not suffice as many as three witnesses are required false evidence must face sanctions gautama dharmasutras 13 2 13 6 48 49 the sources of dharma according to gautama dharmasutra are three the vedas the smriti tradition acāra the practice of those who know the veda these three sources are also found in later dharmashastra literature 46 baudhāyana dharmasutra lists the same three but calls the third as śiṣṭa शिष्ट literally polite cultured people note 2 or the practice of cultured people as the third source of dharma 46 both baudhāyana dharmasutra and vāsiṣṭha dharmasutra make the practices of śiṣṭa as a source of dharma but both state that the geographical location of such polite cultured people does not limit the usefulness of universal precepts contained in their practices 46 in case of conflict between different sources of dharma gautama dharmasutra states that the vedas prevail over other sources and if two vedic texts are in conflict then the individual has a choice to follow either 51 the nature of dharmasūtras is normative they tell what people ought to do but they do not tell what people actually did 52 some scholars state that these sources are unreliable and worthless for historical purposes instead to use archaeology epigraphy and other historical evidence to establish the actual legal codes in indian history olivelle states that the dismissal of normative texts is unwise as is believing that the dharmasutras and dharmashastras texts present a uniform code of conduct and there were no divergent or dissenting views 52 the dharmaśāstras edit written after the dharmasūtras these texts use a metered verse and are much more elaborate in their scope than dharmasutras 53 the word dharmaśāstras never appears in the vedic texts and the word śāstra itself appears for the first time in yaska s nirukta text 54 katyayana s commentary on panini s work 3rd century bce has the oldest known single mention of the word dharmaśāstras 54 the extant dharmaśāstras texts are listed below the manusmriti 2nd to 3rd century ce 55 56 is the most studied and earliest metrical work of the dharmaśāstra textual tradition of hinduism 57 58 the medieval era buddhistic law of myanmar and thailand are also ascribed to manu 59 60 and the text influenced past hindu kingdoms in cambodia and indonesia 61 the yājñavalkya smṛti 4th to 5th century ce 55 has been called the best composed and most homogeneous 62 text of the dharmaśāstra tradition with its superior vocabulary and level of sophistication it may have been more influential than manusmriti as a legal theory text 63 64 the nāradasmṛti 5th to 6th century ce 55 has been called the juridical text par excellence and represents the only dharmaśāstra text which deals solely with juridical matters and ignoring those of righteous conduct and penance 65 the viṣṇusmṛti 7th century ce 55 is one of the latest books of the dharmaśāstra tradition in hinduism and also the only one which does not deal directly with the means of knowing dharma focusing instead on the bhakti tradition 66 in addition numerous other dharmaśāstras are known 67 note 3 partially or indirectly with very different ideas customs and conflicting versions 70 for example the manuscripts of bṛhaspatismṛti and the kātyāyanasmṛti have not been found but their verses have been cited in other texts and scholars have made an effort to extract these cited verses thus creating a modern reconstruction of these texts 71 scholars such as jolly and aiyangar have gathered some 2 400 verses of the lost bṛhaspatismṛti text in this manner 71 brihaspati smriti was likely a larger and more comprehensive text than manusmriti 71 yet both brihaspati smriti and katyayana smriti seem to have been predominantly devoted to judicial process and jurisprudence 72 the writers of dharmasastras acknowledged their mutual differences and developed a doctrine of consensus reflecting regional customs and preferences 73 of the four extant dharmasastras manusmriti yajnavalkyasmriti and naradasmriti are the most important surviving texts 74 but states robert lingat numerous other dharmasastras whose manuscripts are now missing have enjoyed equal authority 74 between the three the manusmriti became famous during the colonial british india era yet modern scholarship states that other dharmasastras such as the yajnavalkyasmriti appear to have played a greater role in guiding the actual dharma 75 further the dharmasastras were open texts and they underwent alterations and rewriting through their history 76 contents of dharmasutras and dharmaśāstra edit a facsimile of an inscription in oriya script on a copper plate recording a land grant made by rāja purushottam deb king of odisha in the fifth year of his reign 1483 land grants made by royal decree were protected by law with deeds often being recorded on metal plates all dharma in hindu traditions has its foundation in the vedas 16 the dharmashastra texts enumerate four sources of dharma the precepts in the vedas the tradition the virtuous conduct of those who know the vedas and approval of one s conscience atmasantushti self satisfaction 77 the dharmashastra texts include conflicting claims on the sources of dharma the theological claim therein asserts without any elaboration that dharma just like the vedas are eternal and timeless the former is directly or indirectly related to the vedas 78 yet these texts also acknowledge the role of smriti customs of polite learned people and one s conscience as source of dharma 77 78 the historical reality states patrick olivelle is very different from the theological reference to the vedas and the dharma taught in the dharmaśāstra has little to do with the vedas 78 these were customs norms or pronouncements of the writers of these texts that were likely derived from evolving regional ethical ideological cultural and legal practices 79 the dharmasutra and dharmaśāstra texts as they have survived into the modern era were not authored by a single author they were viewed by the ancient and medieval era commentators states olivelle to be the works of many authors 80 robert lingat adds that these texts suggest that a rich literature on dharma already existed before these were first composed 81 these texts were revised and interpolated through their history because the various text manuscripts discovered in india are inconsistent with each other and within themselves raising concerns of their authenticity 82 83 84 the dharmaśāstra texts present their ideas under various categories such as acara vyavahara prayascitta and others but they do so inconsistently 85 some discuss acara but do not discuss vyavahara as is the case with parasara smriti for instance 86 while some solely discuss vyavahara 72 ācāra edit main article ācāra ācāra आचार literally means good behavior custom 87 88 it refers to the normative behavior and practices of a community conventions and behaviors that enable a society and various individuals therein to function 89 90 vyavahāra edit main article vyavahāra vyavahāra व्यवहार literally means judicial procedure process practice conduct and behaviour 91 92 the due process honesty in testimony considering various sides was justified by dharmaśāstra authors as a form of vedic sacrifice failure of the due process was declared to be a sin 93 94 the vyavahara sections of dharma texts included chapters on duties of a king court system judges and witnesses judicial process crimes and penance or punishment 92 however the discussions and procedures in different dharmasutra and dharmaśāstra texts diverge significantly 92 some dharmaśāstra texts such as that attributed to brihaspati are almost entirely vyavahāra related texts these were probably composed in the common era around or after 5th century of 1st millennium 72 prāyaścitta edit main article prāyaścitta prāyaścitta प्रायश्चित्त literally means atonement expiation penance 95 96 prāyaścitta is asserted by the dharmasutra and dharmashastra texts as an alternative to incarceration and punishment 96 and a means of expiating bad conduct or sin such as adultery by a married person 97 thus in the apastambha text a willing sexual act between a male and female is subject to penance while rape is covered by harsher judicial punishments with a few texts such as manusmriti suggesting public punishments in extreme cases 96 those texts that discuss prāyaścitta states robert lingat debate the intent and thought behind the improper act and consider penance appropriate when the effect had to be balanced but cause was unclear 98 the roots of this theory are found in the brahmana layer of text in the samaveda 99 secondary works edit the dharmasutras and dharmasastras attracted secondary works called commentaries bhashya would typically interpret and explain the text of interest accept or reject the ideas along with reasons why 100 commentaries bhasya on dharmasastras dharmasastra author of commentary manusmriti bhāruci 600 1050 ce 101 medhātithi 820 1050 ce 102 govindarāja 11th century 103 kullūka 1200 1500 ce 103 narayana 14th century 103 nandana 103 raghavananda 103 ramacandra 103 yajnavalkya smriti visvarupa 750 1000 ce vijnanesvara 11th or 12th century most studied apararka 12th century sulapani 14th or 15th century mitramisra 17th century 104 105 narada smriti kalyanabhatta based on asahaya s work 104 105 parashara smriti vidyaranya nandapandita vishnu smriti nandapandita 104 another category of secondary literature derived from the dharmasutras and dharmasastras were the digests nibandhas sometimes spelled nibhandas these arose primarily because of the conflict and disagreements on a particular subject across the various dharma texts 106 these digests attempted to reconcile bridge or suggest a compromise guideline to the numerous disagreements in the primary texts however the digests in themselves disagreed with each other even on basic principles 107 geographically the medieval era digest writers came from many different parts of india such as assam bengal bihar gujarat kashmir karnataka maharashtra odisha tamil nadu and uttar pradesh 108 some important nibandha s are 109 caturvargacintāmaṇi of hemādri composed around a d 1260 1270 kṛtya kalpataru of lakṣmīdhara a minister of the king govindacandra of kanauj nirṇayasindhu of kamalākara bhaṭṭa hi composed around a d 1612 smṛticandrikā of devaṇṇabhaṭṭa a d 1150 1225 smṛtikaustubha of anantadeva grandson of eknāth composed around a d 1645 1695 smṛtiratnākara of caṇḍeśvara ṭhakkura composed around a d 1314 smṛtitattva or commonly referred to as astāviṃśati tattva of raghunandana vīramitrodaya of mitramiśra a d 1610 1640 dāyabhāga of jīmūtavāhana composed around a d 1100 vyavahāra mayūkha bhagavanta bhāskara of nīlakaṇṭha bhaṭṭa cousin of kamalākara bhaṭṭa 17th century smṛtisindhu and its summary tattvamuktāvalī dattaka mīmāṁsā of nandapaṇḍita a d 1580 1630 ṭoḍarānanda of rājā ṭoḍaramal composed around a d 1572 1589 sponsored by the mughal emperor akbar dharmasindhu of kāśīnātha upādhyāya composed around a d 1790 91 the nibandhakāra s discussed almost all aspects of society but specialised in certain topics compared to others topic specialisation of nibandhakāra s subject author of digests general lakṣmīdhara 1104 1154 ce 110 devaṇṇa bhaṭṭan 1200 ce pratāparuda deva 16th century 111 nīlakaṇṭha 1600 1650 112 dalpati 16th century kashinatha 1790 113 inheritance jīmūtavāhana raghunandana adoption nanda paṇḍita 16th 17th century 114 king s duties caṇḍeśvara ṭoḍar mal 16th century 115 judicial process caṇḍeśvara 14th century kamalākara bhatta 1612 nīlakaṇṭha 17th century 112 mitra miśra 17th century women jurists edit a few notable historic digests on dharmasastras were written by women 116 117 these include lakshmidevi s vivadachandra and mahadevi dhiramati s dan...
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