History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s18.14
History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s18.14
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The extant Manusmṛti is divided into twelve *adhyāyas* and contains 2694 ślokas. Dr. Jolly's edition (published in 1895) prepared after collating numerous mss. and printed editions contains only one śloka more. The Manusmṛti is written in a simple and flowing style. It generally agrees with Pāṇini's system, though it contains some deviations from it as in the verse 'sākṣiṇaḥ santi metyuktvā' (8. 57). The foregoing pages have sufficiently shown how it agrees closely with the doctrines contained in the Dharmasūtras of Gautama, Baudhāyana, Āpastamba. We have also seen how numerous verses are common to the dharmasūtras of Vasiṣṭha and Viṣṇu and the Manusmṛti. The Kauṭilīya also exhibits remarkable agreement with the Manusmṛti in phraseology and doctrines.²⁷³ What conclusions are to be drawn from this will be discussed later on. Some verses are repeated, e. g. V. 164-165 are the same as IX. 30 and 29. The contents of the Manusmṛti may be briefly summarised as follows:--(I) Sages approach Manu for instruction in the *dharmas* of the *varṇas*; Manu describes the creation of the world from the self-existent God more or less in the Sāṅkhya manner; the creation of Virāj, of Manu from Virāj, of ten sages from Manu; creation of various beings, men, beasts, birds etc.; Brahmā imparts dharmaśāstra to Manu, who teaches the sages; Manu bids Bhṛgu to instruct the sages in *dharma*; six other Manus sprang from Svāyambhuva Manu;
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units of time from *nimeṣa* to year, the four *yugas* and their twilights; one thousand *yugas* equal a day of Brahmā; extent of *Manvantara*, *pralaya*; successive decline of *dharma* in the four *yugas*; different dharmas and goals in the four *yugas*; the special privileges and duties of the four *varṇas*; eulogy of Brāhmaṇas and of the *śāstra* of Manu; ācāra is the highest dharma; table of contents of the whole śāstra; (II) definition of *dharma*, sources of *dharma* are Veda, smṛti, ācāra of the good, one’s own satisfaction; who has *adhikāra* for this *śāstra*; limits of Brahmāvarta, Brahmarṣideśa, Madhyadeśa, Āryāvarta; why saṁskāras are necessary; such *saṁskāras* as *jātakarma*, nāmadheya, chūḍākarma, upanayana; the proper time of upanayana for the *varṇas*, the proper girdle, sacred thread, staff and skin for the Brahmacāri of the three *varṇas*; duties of the Brahmacārī and his code of conduct; (III) Brahmacarya for 36, 18, 9 years; *samāvartana*; marriage; marriageable girl; brāhmaṇa could marry a girl of any of the four *varṇas*; eight forms of marriage defined; which form suited to which caste; duties of husband and wife; eulogy of women; the five daily yajñas; praise of the status of householder; honouring guests; madhuparka; śrāddhas; who should not be invited at śrāddhas; (IV) mode of life and means of subsistence for a house-holder, the code of conduct for a *snātaka*; occasions for cessation from study;
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rules about prohibited and permissible food and drink; (V) what vegetables and meat are allowed; period of impurity on death and birth; definition of *sapiṇḍa* and *samānodaka*; purification from contact with various substances in various ways; duties of wife and widow; (VI) when one should become a a forest hermit; his mode of life; parivrājaka and his duties; eulogy of *gṛhastha*; (VII) rājadharmas, eulogy of daṇḍa (the power to punish); the four *vidyās* for a king; the ten vices of kings due to *kāma* and eight due to *krodha*; constitution of council of ministers; qualities of a *dūta*; forts and capital; *purohita* and superintendents of various departments; code of war; the four expedients, *sāma*, *dāna*, *bheda*, and *daṇḍa*; hierarchy of officers from the village headman upwards; rules about taxation; the constitution of a circle of twelve kings; the six *guṇas*, peace, a state of war, march against an enemy, āsana, taking shelter and dvaidha; duties of victor; (VIII) king’s duty to look to the administration of justice; the 18 titles of law; the king and judge; other persons as judges; constitution of *sabhā*, king’s duty to look after minors, widows, helpless people; treasure trove; king’s duty to restore stolen wealth; creditor’s means of recovering his debt; grounds on which the claimant may fail in his suit; qualifications of witnesses; who were not proper persons as witnesses; oaths; fines for false witnesses; methods of corporal punishment;
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Brāhmaṇa to be free from corporal punishment; weights and measures; lowest, middling and highest fines; rates of interest; pledges; adverse possession does not affect a pledge, boundary, minor’s estate, deposit, king’s estate etc.; rule of *damdupat*; sureties; what debts of the father the son was not liable to pay; fraud and force vitiated all transactions; sale by one not the owner; title and possession; partnership; resumption of gift; non-payment of wages; violation of conventions; rescission of sale; dispute between owner and herdsman; pastures round villages; boundary disputes; abuse, libel and slander; assault and battery and mischief; whipping only on the back; theft; *sāhasa* i. e. offences in which force and hurt are an element, such as robbery, homicide etc; right of private defence; when even a Brāhmaṇa may be killed; adultery and rape; no sentence of death, but of transportation for a Brāhmaṇa; parents, wife, children must not be forsaken; tolls and monopolies; seven kinds of *dāsas*; (IX) legal duties of husband and wife, censure of women; eulogy of chastity; to whom does the child belong, to the begetter or to him on whose wife it is begotten; niyoga described and condemned; supercession of the first wife when allowed; age of marriage; partition, its time, eldest son’s special share; *putrikā*; daughter’s son; adopted son; rights of Brāhmaṇa’s son from a śūdra wife; twelve kinds of sonship; to whom piṇḍas are offered; nearest *sapiṇḍa* succeeds;
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*sakulya*, teacher and pupils as heirs; king ultimate heir except as to Brāhmaṇa’s wealth; varieties of *strīdhana*; succession to *strīdhana*; grounds of exclusion from inheritance; property not liable to partition; gains of learning; reunion; mother and grandmother as heirs; impartible property; gambling and prize fighting must be suppressed by the king; the five great sins; *prāyaścittas* for them; open and secret thieves; jails; the seven *aṅgas* of a kingdom; duties of Vaiśya and Śūdra; (X) Brāhmaṇa alone to teach; mixed castes; *mlecchas*, Kāmbojas, Yavanas, Śakas; rules of conduct common to all; privileges and duties of the four *varṇas*; modes of subsistence for a Brhāmaṇa in adversity; what articles should not be sold by Brāhmaṇa; seven proper modes of acquisition and the means of livelihood; (XI) eulogy of gifts; different views about *prāyaścitta*; various seen results, diseases and bodily defects due to sins in former lives; five mortal sins and *prāyaścittas* for them; upapātakas and *prāyaścittas* for them; prāyaścittas like Sāntapana, Parāka, Cāndrāyaṇa; holy mantras for removing sin; (XII) disquistion on *karma*; kṣetrajña, *bhutātma*, *jīva*; tortures of hell; the three *guṇas*, *sattva*, *rajas* and *tamas*; what brings about *niḥśreyasa*; knowledge of the self is the highest means of bliss; *pravṛtta* and *nivṛtta* *karma*; the latter is karma done without an eye to reward; eulogy of Vedas; place of *tarka*; *śiṣṭas* and *pariṣad*;
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reward of studying the Mānava śāstra.