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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s7: 7. Dharmasūtra of Āpastamba

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s7

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Contents

7. Dharmasūtra of Āpastamba

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This has been edited several times (*viz.* by Bühler in the Bombay Sanskrit series with large extracts from Haradatta's commentary called Ujjvalā and also at Kumbhakonam with the complete commentary of Haradatta and translated by Bühler with an introduction in S. B. E. vol. II). The Āpastambakalpasūtra of the Taittirīya Śākhā of the black Yajurveda is divided into 30 *praśnas*. According to Bühler, the first 24 praśnas contain the treatment of Śrauta sacrifices; the 25th contains *paribhāṣās*, pravarakhaṇḍa, and Hautraka prayers to be recited by Hotṛ priests; 26th and 27th *praśnas* constitute the Gṛhyasūtra, the 28th and 29th Dharmasūtra and the 30th *praśna* is the Śulvasūtra. Bühler seems to be slightly inaccurate here. According to Cauṇḍappa, who commented on the Āpastambīya sūtras in the 14th century, the Āpastambīyamantrapāṭha forms the 25th and 26th praśnas of the Kalpasūtra and the Gṛhyasūtra forms 27th praśna.⁸⁰ The Śrauta-sūtra of Āpastamba was edited by Dr. Garbe in the B. I. series; the Gṛhya and Mantrapāṭha were edited by Dr. Winternitz. The Gṛhya with the commentary of Sudarśanārya has been edited in the Mysore Govt. Oriental series by Pandit Mahadeva Sastri (in 1893). It is divided into eight paṭalas and 23 khaṇḍas. According to the Caraṇavyūha, Āpastamba (or "bha" as written in many southern mss.) is one of the five subdivisions of the Khāṇḍikīya school of the Taittirīyaśākhā of the Black Yajurveda. Whether the author of the Āpastambīya Śrauta, Gṛhya and Dharma sūtras is the same is difficult to determine. One sūtra in the Āpastambadharma (II. 2. 5. 17) is the same as Ap. Śrauta (III. 17. 8 and VIII. 4. 6). Oldenberg (S. B. E. vol. 30, p. XXXII) does not subscribe to Bühler's view (S. B. E. Vol. II, pp. XIII-XIV) that the authors of the Ap. Śrauta and Dharma were identical and gives it as his own view that another person of the same school might have imitated the style of the author of the Śrauta. Whatever may be said of the identity of the authorship of the Śrauta and Dharma sūtras, the Gṛhya and Dharma seem to be very closely related and both seem to be the compositions of the same author. The Ap. Gṛhya sūtra, as compared with the Āśvalāyana-gṛhya or Gobhilagṛhya, is extremely brief and leaves out many rules that are given in other Gṛhya works. For example, about the choice of a girl Ap. gṛhya gives only a single rule (I. 3. 19⁸¹). While it is the Dharmasūtra that tells us that the bride must not be *sagotra* nor *sapiṇḍa* (Āp. Dh. S. II. 5. 11. 15-16). The Ap. Gṛhya is silent about the forms of marriage, about holidays, about the duties of *brahmacārins* and such other subjects which are generally treated of in other Gṛhyasūtras. These subjects are dealt with in the Ap. Dh. S. and there are several places where the Dharmasūtra presupposes the existence of the Gṛhya and refers to it. Compare Āp. Dh. S. II. 1, 1. 10-11⁸² with Ap. Gr. S. III. 7 (particularly sūtras 1, 17, 23). Vide note 54 above. Some sūtras are identical in the Gṛhya and Dharma, e. g. Āp. Dh. S. I. 1. 2. 38 and Gṛhya IV. 11. 15-16 (about the staff of Brahmacārin); Ap. Dh. S. II. 4. 8. 7 and Gṛhya V. 13. 19. In some cases the Gṛhya-sūtra itself seems to refer to the teachings of the Dharmasūtra, e. g. Gṛhya 8. 21. 1 and Dharma II. 7. 16. 6-7. All these facts make it highly probable, if not certain, that the Gṛhya and Dharma sūtras were composed by the same author and that the details of certain topics were purposely omitted in the Gṛhya to avoid repetition. The Smṛticandrikā (III. p. 458) distinctly asserts that the author of the Dhārmasūtra and the Gṛhyasūtra was the same.

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⁸⁰ पंचविंशेथ षड्विंशे गृह्यमन्त्राः प्रपञ्चिताः। प्रश्नेथ सप्तविंशे स्याद्गृह्यतन्त्रविधिक्रमः ॥ (Dr. Winternitz's edition of Āp. Mantrapāṭha p. IX). The editor further states (p. IX n. 2) that Paribhāṣās form part of the 24th praśna and not of the 25th, as Bühler says.

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⁸¹ बन्धुशीललक्षणसंपन्नामरोगामुlegacyयच्छेत् ।

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⁸² 'श्वोभूते स्थालीपाकः । तस्योपचारः पार्वणेन व्याख्यातः' । आप. ध. सू.; 'अथैनामाग्नेयेन स्थालीपाकेन याजयति । एवमत ऊर्ध्वं दक्षिणावर्जमुपोषिताभ्यां पर्वसु कार्यः । पार्वणेनातोऽन्यानि कर्माणि व्याख्यातान्याचाराद्यानि गृह्यन्ते । आप. गृ सू. Vide also आप. ध. सू. II. 7. 17. 6 'सर्वेषु वृत्तेषु सर्वतः समवदाय शेषस्य ग्रासावरार्ध्यं प्राश्नीयाद्यथोक्तम् , and आप. गृ. सू. 8. 21. 9 'सर्वतः समवदायोत्तरेण यजुषा शेषस्य ग्रासावरार्ध्यं प्राश्नीयात्;' 'उभयतः परिषेचनं यथा पुरस्तात्' आप. ध. II. 2. 3. 17 and आप. गृ. I. 2. 3.; 'समावृत्तं चे...यथोपदेशं पूजयेत्' आप. ध. सू. II. 2. 5. 4 refers to आ. गृ. सू. V. 13. 2-19.

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The contents of the Ap. dharma-sūtra are:—

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1. the authoritative sources of *dharma* are the Veda and the usages of those who know *dharma*; the four *varṇas*, their precedence; definition of *ācārya* and his greatness, time for *upanayana* according to the *varṇas* and according to one's desire; *vrātyastoma* if proper time for *upanayana* is gone; he whose father, grand-father and great-grand-father have no *upanayana* performed becomes *patita*, but he can be purified by *prāyaścitta*; the duties of *brahmacārin*, residence with teacher for 48 years, 36, 24, or 12 years; duties of teacher to *brahmacārin*, his staff, girdle and garment, rules about begging for food, bringing fuel and offering to fire, what things (like *prāṇāyāma*) are his *tapas*, rules about saluting teachers and others according to *varṇas*; giving *dakṣiṇā* to the teacher at the end of study; rules for *snātaka*; rules about holidays and about the time and place for Vedic study; rules about holidays apply to study of the Veda and not to the use of *mantras* in Vedic rites; the five great daily *yajñas* to the *bhūtas*, men, gods, pitṛs, and sages, honouring men of higher castes, old men, parents, brothers and sister and others, method of inquiring about one's health &c. according to *varṇas*; occasions of wearing yajñopavīta; times and manner of *ācamana*; rules about forbidden and permitted food and drink; the avocation of a *vaṇij* not allowed to a Brāhmaṇa except in distress; rules forbidding the sale or exchange of certain things;

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grave sins (*pataniyā*), such as theft, the murder of a Brāhmaṇa or other man, causing abortion, incest, drinking wine etc; other sins are not so grave, though they make the perpetrator impure; discussion of some metaphysical questions such as the knowledge of the soul, *brahma*, the moral faults that lead to perdition such as rage, avarice, hypocrisy &c; the virtues that lead to the highest good, such as absence of anger or avarice &c, truthfulness, tranquility; compensation for killing a Kṣatriya, Vaiśya, a Śūdra and women; *prāyaścitta* for killing a Brāhmaṇa and an Ātreyī Brāhmaṇa woman, for killing a *guru* or a Śrotriya; prāyaścitta for violating the bed of a *guru*, for drinking wine and for theft of gold; prāyaścittas for killing several birds, cows and bulls, and for abusing those who should not be abused, for sexual intercourse with a Śūdra woman, for taking forbidden food and drink &c.; rules about Kṛcchra for twelve nights, what constitutes theft; how one should act towards a fallen (*patita*) *guru* and mother; various opinions about prāyaścitta for violating *guru's* bed, prāyaścitta for a husband who has intercourse with another woman and for wife's adultery; prāyaścitta for killing a *Bhrūṇa* (a learned brāhmaṇa); Brāhmaṇa was not to wield arms, except in self-defence against bodily injury; prāyaścitta for *abhiśasta*; prāyaścittas for lesser sins: various views about *snātaka* (Vidyāsnātaka, Vratasnātaka and Vidyāvratasnātaka);

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the observances (*vratas*) of snātaka as regards garments, answering calls of nature, about scandalous talk, about not seeing the rising or setting Sun, avoiding moral faults such as anger; II (*praśna*) the householder's observances commence on marriage (*pāṇigrahaṇa*); rules of conduct for a householder about taking food and fasting, about sexual intercourse; all the *varṇas* attain unmeasured bliss by performing their duties and are re-born in conditions appropriate to their actions and by means of evil deeds are re-born in evil surroundings e. g. a Brāhmaṇa who is a thief or a murderer of a brāhmaṇa becomes a Caṇḍāla, a similarly guilty *rājanya* becomes a *paulkasa*, the three higher castes should after bathing perform Vaiśvadeva, Śūdras may cook food for their masters of higher castes under the supervision of Āryas; offerings (*bali*) of cooked food; guests (*atithi*) should first offered food, then children, old men, sick persons and pregnant women and then the householder himself); no one should be refused food who (*sic*) comes at the end of Vaiśvadeva; rules of receiving guests, such as unlearned brāhmaṇas, Kṣatriyas, Vaiśyas and Śūdras; a householder should always wear an upper garment or his sacred thread may serve that purpose; in the absence of a Brāhmaṇa teacher, a Brāhmaṇa may learn from a Kṣatriya or Vaiśya teacher; duties of a married man when his women come as guests; duty of householder to teach and to observe the code of conduct laid down for him;

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in case of doubt listen guest's caste and character; how to proceed; who is an *atithi*; praise of honouring an *atithi*; procedure for honouring guests comes to a king or to one who has consecrated fires or when one comes on a car, a bullock or a cart, sacred fires should be honoured; the seven or nine dogs and five killers of men should be removed; what food is to be cooked, with what kind of cooking vessel it is to be done; whether a householder may subject himself, wife and children to privations (*kṣut pratīkāraḥ*); amount of food to be taken by *brahmacārin*, householder, hermit &c.; occasions for begging are the teacher, marriage, sacrifice, maintenance of parents and avoidance of the cessation of some worthy obervance (like *agnihotra*); the peculiar *karmans* of Brāhmaṇas and the other castes; rules of war; the king to appoint a *purohita* skilled in *dharma* and art of government, who is to carry out punishments and penances; punishments including death sentence according to the gravity of the offences, but a Brāhmaṇa was not to be killed or injured or to be made a slave; rule of the road; a man of the lower caste by practising his duties rises higher and higher when re-born and a man of the higher castes goes lower by *adharma*; one should not marry another wife, when the first has children and is helpful in the performance of *dharma*; rules about marriageable girl, i. e. she must not be *sagotra* and *sapiṇḍa* of the mother;

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six forms of maraiage, brāhma, ārṣa, daiva, gāndharva, āsura, rākṣasa; preference among the six; rules of conduct after marriage; sons born of wives of the same caste can perform the duties appropriate to the father's caste and inherit parent's property; the son of a woman who was once married or who is not married according to prescribed forms or who is not of the same caste is censured; whether the son belongs to the begetter (or to him on whose wife he is begotten); there can be no gift or sale of a child; partition during father's lifetime and equal division; exclusion from inheritance of the impotent, lunatics and sinners; the inheritance in the absence of son goes to nearest *sapiṇḍa*, then to the teacher and then to the pupil, or the daughter and ultimately to the king; the opinion of some that the largest share goes to the eldest son is opposed to the Vedas; no partition between husband and wife; usages of countries and families not to be followed if opposed to the Vedas; impurity on death of agnates, cognates &c; gifts to be made at proper time, place and to proper person; *śrāddhas*; times of *śrāddha*; materials required at śrāddha, food (including flesh) appropriate at *śrāddhas*; what Brāhmaṇas are to be called at *śrāddha*; the four *āśramas*; rules about *parivrāj* i. e. *sannyāsin*; the duties of forest hermit; praise of the meritorious and condemnation of evil-doers; special rules about kings; founding of his capital and palace; position of the *sabhā*;

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extirpation of thieves; gifts of land and wealth to Brāhmaṇas; protection of people; persons exempt from taxation, such as Śrotriyas, women of all castes, students and ascetics; punishment of young men for adultery; punishment varied according as the woman wronged was Ārya or Śūdra; punishments for abuse and for homicide; punishments for various breaches of conduct; dispute between cowherd and master; the perpetrator, the abettor and one who approves of the act are all guilty; who are to decide disputes; in case of doubt decision by inference and by divine proof (ordeals); punishment for perjury; all other *dharmas* should be learnt, according to some, from women and people of all castes.

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Each of the two *praśnas* of the Āpastamba-dharma-sūtra is divided into eleven *paṭalas*, there being 32 and 29 *khaṇḍikās* in the two *paṭalas* respectively. The Dharmasūtra is written in a more concise and compact style than that of Baudhāyana and has more archaic and un-Pāṇinean forms than any other extant Dharmasūtra. For example, the following are against the rules of Pāṇini; Adhāsana (for adha āsana) in I. 1. 2. 21, aglāmsnu (I. 2. 3. 22), muhūṁśca (I. 2. 8. 22), agṛhyamāna (I. 4. 12. 8), sarvatopeta (for sarvata upeta) in I. 6. 19. 9, sakhim (for sakhiṁ) in I. 7. 21. 9. Haradatta points out in many places that the current reading was un-Pāṇinean and therefore he read differently (e. g. in II. 2. 5. 2 he reads ‘viprakramaṇa’, while the current reading was ‘viprakramiṇa’)⁸³. This makes it probable that in the original text there must have been many more un-Pāṇinean forms than in the one preserved by Haradatta. There are many unfamiliar or rare words used by Āpastamba, i. e. ananiyoga (I. 6. 19. 12), anaiścārika (I. 8. 22. 1), Kartapatya (I. 2. 5. 3), vyupatoda and vyupajäva (‘-pa’) in I. 2. 8. 15, brahmahasaṁstuta (I. 1. 1. 32). We meet with strange forms of certain words, such as paryānta (I. 3. 9. 21), praśāsta (II. 8. 19. 3), anātyaya (I. 1. 1. 21 for anatyaya), brahmojjham (for -ojjhaḥ) in I. 7. 21. 8, śvāviṭ (I. 5. 17. 37), ṣṭhevana (I. 11. 30. 19 for ṣṭhivana), ācāryadāre (for -dāreṣu) in I. 2. 7. 27. Though the Āp. *Dharmasūtra* is mainly in prose, there are verses here and there. Some of the verses are expressly stated to be taken from other sources by being introduced with the word “udāharanti” or with “athāpyudāharanti” e. g. I. 6. 19. 13 (two ślokas from a Purāṇa), I. 6. 19. 15 (compare Manu 8. 317 and Vas. 19. 44), I. 11. 31. 1, I. 11. 32. 24, II. 4. 9. 13 (two verses, same as Baud. II. 7. 22-23), II. 7. 17. 8, II. 6. 13. 6 (three verses almost the same as in Baud. II. 2. 34-36), II. 9. 23. 4-5 (two ślokas from a Purāṇa). Besides these there are several isolated verses, most of which seem to be quotations, though not introduced with words like "udāharanti". They are I. 4. 14. 25, I. 6. 19. 14 (the first pāda of which is Manu 4. 212), I. 9. 27. 10, I. 9. 27. 11 (same as Baud. II. 1. 42), II. 2. 4. 14 (compare Manu III. 101). Some of these verses are defective in metre, there being nine syllables in one anuṣṭubh pāda as in I. 9. 27. 10, II. 9. 23. 4–5, II. 2. 4. 14. One of the verses is in the classical Upajāti metre (II. 7. 17. 18), while another closely approaches that metre (I. 9. 27. 11). Besides these there are a few half-verses, II. 5. 11. 5-6 (same as latter half of Vanaparva 133. 1), II. 9. 21. 10 (Manu 6. 43 has the first pāda). Thus in all there are about twenty verses, of which at least six occur in Baudhāyana. Some sūtras that are printed as prose are parts of verses, e. g. I. 2. 5. 11. Besides these there are several verses in the paṭalas dealing with metaphysics (I. 8. 22. 4-8 and I. 9. 23. 1-3) that are pieced together largely from Upaniṣad passages. Āpastamba in several places employs the first person plural about himself⁸⁴, e. g. I. 1. 1. 27, I. 8. 22. 3, I. 8. 23. 4. Haradatta points out that in his day there was difference in the text as handed down in Northern and in Southern India.⁸⁵

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⁸³ 'प्रायेण मकारात्परमिकारमधीयते । तत्राप्येष एवार्थः । इकारस्तु छान्दसोपपाठो वा ।'.

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⁸⁴ 'आषोडशाद् ब्राह्मणस्य...यथा व्रतेषु समर्थः स्यात्तथान् वक्ष्यामः।' आप. I. 1. 1. 27; तत्रात्मलाभियाञ् श्लोकानुदाहरिष्यामः' I. 8. 22. 3; 'अथ भूतदाहीयन्द्धोषान्नुद़ हरिख्यामः' I. 8. 23. 4.

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⁸⁵ On the sūtra अन्यत्र राहुदर्शनात् (II. 7. 17. 25) he says 'उदीच्यास्त्वेतत्प्रायेण न पठन्ति । तथा च पूर्वैर्न व्याख्यातम्'.

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Āpastamba quotes, besides the Saṃhitās, the Brāhmaṇas very frequently (e. g., I. 1. 1. 10-11, I. 1. 3. 9, I. 1. 3. 26, I. 2. 7. 7, I. 2. 7. 11, I. 3. 10. 8). He quotes the Vājasaneyaka (I. 5. 17. 31) and the Vājasaneyi-brāhmaṇa (I. 4. 12. 3 on svādhyāya), he speaks of the Upaniṣads (II. 2. 5. 1), his quotations (II. 2. 3. 16-II. 2. 4. 1-9) from the Tai. Āraṇyaka agree, according to Bühler, with the text current in the Āndhra country. He speaks of the six *aṅgas* of the Veda (II. 4. 8. 10) and in the next sūtra enumerates Chandas, Kalpa, grammar, Jyotiṣa, Nirukta, Śikṣā, (phonetics) and Chandoviciti (metrics), which are seven (Śikṣā being probably intended to be included in grammar). There are passages in Āpastamba which agree with the Nirukta, e. g. the definition of ācārya⁸⁶.

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⁸⁶ 'यस्माद्धर्मान्विचिनोति स आचार्यः' आप. ध. सू. I. 1. 1. 14; 'आचार्यः कस्मादाचारं ग्राहयति आचिनोत्यर्थानाचिनोति बुद्धिमिति वा' निरुक्त I. 4 and 'तस्मै न द्रुह्येत्कतमच्चनाह' (quoted in निरुक्त II. 3).

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He quotes the views of ten writers on *dharma* by name, viz. Eka (I. 6. 19. 7), Kaṇva (I. 6. 19. 3 and I. 10. 28. 1), Kāṇva (I. 6. 19. 7), Kuṇika (I. 6. 19. 7), Kutsa (I. 6. 19. 7), Kautsa (I. 6. 9. 4 and 7, I. 10. 28. 1), Puṣkarasādi (I. 6. 19. 7, I. 10. 28. 1), Vārṣyāyaṇi (I. 6. 19. 5 and 8, I. 10. 28. 2), Śvetaketu (I. 4. 13. 19 and I. 2. 5. 6), Hārita (I. 4. 13. 11, I. 6. 18. 2, I. 6. 19. 12, I. 10. 28. 1, 5 and 16, I. 10. 29. 12 and 16). Some of the names (viz. Kautsa, Vārṣyāyaṇi, and Puṣkarasādi) occur in the Nirukta. He quotes the view of Śvetaketu in Śvetaketu’s own words (in I. 4. 13. 20) that even a married man should every year stay with his teacher for two months to refresh his studies and gives it as his own opinion that Śvetaketu’s view is opposed to the Śāstras (the Vedas). In another place (I. 1. 4. 5-6) he speaks of Śvetaketu as an *avara* (a person belonging to later ages) and as one who on account of the remnant of his meritorious actions done in a former life or lives was able to grasp the four Vedas in a short time. It is usual to see in this a reference to Śvetaketu in the Chāndogya Upaniṣad (VI. 1. 1-2), where it is stated that Śvetaketu mastered all the Vedas in twelve years. But this identification is somewhat of doubtful value. Āpastamba quotes Śvetaketu as a teacher of *dharma*. The quotation from Śvetaketu given by Āpastamba has nothing corresponding to it in the Upaniṣad.

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Besides the Chāndogya Upaniṣad appears to make a distinction between two Śvetaketu’s (in VI. 1 and VI. 8), one being called Āruṇeya and the other Āruṇi (son of Aruṇa). Hārita, whose views are cited so frequently, is quoted by Baudhāyana (II. 1. 50) and also by Vasiṣṭha (II. 6.). From the two sutras (I. 6. 19. 3 and 7) it follows that Kaṇva and Kāṇva are two distinct writers. The Kumbhakonam edition reads Kāṇva in I. 10. 28. 1, while Bühler reads Kaṇva there. Kāṇva Bodhāyana is a teacher, whose name occurs in the *ṛṣitarpaṇa* in many works. The view ascribed to Kāṇva by Āpastamba in I. 6. 19. 7 seems to be the same as that of the Baudhāyana-dharmaśūtra (I. 2. 19⁸⁷). It has been shown above that there are close parallels in thought and expression between Baudhāyana and Āpastamba. In several places Āpastamba seems to be controverting the views of Baudhāyana or similar views held by others. Āpastamba condemns the view of giving the paternal wealth to the eldest son as opposed to the Vedas and explains the Vedic text (Tai. S. II. 5. 2. 7 quoted above) about the eldest son being endowed with all wealth as a mere *anuvāda* and not a *vidhi* (vide Āp. Dh. S. II. 6. 14. 6-13). Baudhāyana cites both the texts of the Tai. S. about equal division among sons and about the eldest son's larger share and seems to favour the latter view by putting it last (II. 2. 2-7.). Similarly the discussion in Āpastamba (I. 1. 4.

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5-12) about a *brahmacārin* eating the leavings (*ucchiṣṭa*) of his *guru*, provided the things are not directly forbidden by Śruti, seems to be directed against Baudhāyana (II. 1. 25-26). Although Āpastamba does not expressly quote Gautama, he appears to have had before him the Gautama-dharma-sūtra. He speaks of a smṛti (II. 6. 15. 25) that lays down that *upanayana* confers *adhikāra* on a man for śāstric actions and that before *upanayana* one is free to do anything and to eat anything. This, as interpreted by Haradatta, refers to Gautama (II. 1)⁸⁸. There are striking coincidences between Gautama and Āpastamba, e. g. Gaut. I. 19. = Āp. I. 1. 1. 41 (about some teachers prescribing the yellow robe to a *brahmacārin*), Gaut. I. 3 = Āp. II. 6. 13. 7 (about the violation of *dharma* by the great in former ages), Gaut. 9. 52 = Āp. I. 11. 31. 13), Gaut. 23. 9 = Āp. 1. 9. 25. 2; Gaut. 16. 19 = Āp. I. 3. 9. 14-15). Āpastamba frequently refers to the views of his predecessors in the words 'eke' (I. 1. 2. 37, 38, 41; I. 1. 4. 17; I. 2. 5. 20; I. 2. 6. 4; I. 3. 9. 3; I. 3. 11. 3 &c.) and 'aparam' (II. 6. 15. 22). It is somewhat remarkable that in many of these cases (where 'eke' occurs), the views are those either held by Gautama or ascribed by him also to others, e. g. Āp. I. 1. 2. 38 about the staff of a *brahmacārin* refers to Gaut. I. 23; Āp. I. 1. 2. 41 is almost same as Gaut. I. 19, Āp. I. 2. 5. 20 seems to refer to Gaut. 1. 54-59, Āp. 1. 3. 9.

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3 (the view of some that Vedic study lasts for four months and a half) seems to refer to Gaut. 16. 2, and Āp. I. 3. 11. 3 (about not studying after dining at a sacrifice for deities that are manuṣya-prakṛti) pointedly refers to Gaut. 16. 34 which contains the word 'manuṣyayajñabhojana'. Āpastamba twice quotes verses from a Purāṇa (I. 6. 9. 13, II. 9. 23. 3) and in one place gives in prose the view of a Purāṇa (I. 10. 29. 7.)⁸⁹. Āpastamba (II. 9. 24. 6) speaks of the view of a Bhaviṣyat-purāṇa (about creation of the world after a periodic dissolution). In one place Āpastamba (II. 11. 29. 11-12) says that 'the knowledge that exists (traditionally) among women and śūdras is the furthest limit of *vidyā* and it is said to be a supplement of the Atharvaveda.' Here he probably refers to Arthaśāstra, which according to the caraṇavyūha, is the Upaveda of the Atharvaveda. Āpastamba refers (II. 7. 16. 1) to Manu as founder of the institution of śrāddha. But this appears to be a reference to Manu, the mythical progenitor of mankind, and not to the Manusmṛti. It is noteworthy that Āpastamba (II. 7. 17. 8) quotes a verse, which is the same as Anuśāsanaparva 90. 46 (sambhojanī nāma &c.).

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⁸⁷ ‘क आख्यानम्‌। य ईप्सेंदिति कण्वः । ... शुद्धा भिक्षा भोक्तव्यैककुणिकौ काण्वकुत्सौ तथा पुष्करसादि.’ आप.ध.सू. I. 6. 19. 2, 3 and 7. Here various views on the question as to whose food should be partaken by begging are set forth. Baudhāyana says ‘ते ब्राह्मणायाः स्वकर्मस्थाः’ which tallies with शुद्धा भिक्षा &c.

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⁸⁸ अत्र अधिकारः शास्त्रैःकर्मभि । सा निष्ठा । स्मृतिश्च । आप. ध. सू. I. 6. 15. 23-25; प्रागुपनयनात् कामचारः कामवादः कामभक्षः । अहुतात् । गौ. ध. सू. II. 1-2.

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⁸⁹ 'यो हिंसार्थमभिक्रान्तं हन्ति मन्युरेव मन्युं स्पृशति न तस्मिन्दोष इति पुराणे' । आप. ध. सू. I. 10. 29. 7; this seems to be a summary of a verse like the one in Baudhāyana (Dh. S. I. 10. 12) and Vasiṣṭha (III. 18) 'स्वाध्यायिनं कुले जातं यो हन्यादाततायिनम् । न तेन भ्रूणहा स स्यान्मन्युस्तं मन्यूमृच्छति ॥' (Baud. has अध्यापकं कुले and भ्रूणहा भवति).

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The Āpastambadharmasūtra stands in a peculiar relation to the Pūrvamīmāṁsā. It is the only extant Dharmasūtra that contains many of the technical terms and doctrines of the Mīmāṁsā. He says (I. 1. 4. 8) 'a positive Vedic text is more cogent than an usage which merely leads to an inference (of its being based on a Vedic text now lost⁹⁰).' This refers to Jaimini's rule (I. 3. 3) "if there is a conflict between an express Vedic text and Smṛti, the latter is to be disregarded: but if there be no conflict an inference (may be made that the Smṛti is based upon some Śruti)". In another place Āpastamba says (I. 4. 12. 11) 'where an action is done on account of finding pleasure therefrom (i. e. from a worldly motive), there is no (inference of its being based on) Śāstra'. This is the same as Jaimini's teaching (IV. 1. 2)⁹¹. He speaks of the convention (*samaya*) of those who know Nyāya (i. e. Mīmāṁsā) that aṅgas (such as the Kalpasūtras are) cannot be designated the Vedas (which are the principal), which is clearly a reference to Pūrvamīmāṁsa (I. 3. 11-14)⁹² and he says that those who know Nyāya lay down that a mere *anuvāda* (affirming or reciting) of what is well-known to all is not a positive rule (a *vidhi*), which is similar to Jaimini's rule⁹³. The dictum of Āpastamba that the word "sale" (*kraya*) applied to a bride in some Vedic texts is merely figurative closely resembles Jaimini's⁹⁴ remarks on the same point. The remark of Āpastamba that the rules of *anadhyāya* only apply to Vedic study and not to the recital of *mantras* at sacrifices corresponds to a rule in Jaimini⁹⁵ almost in the same words. These examples show that in Āpastamba's day Mīmāṁsā doctrines had been far advanced and that works existed that dealt with Mīmāṁsā topics (Nyāyas). The correspondence in language with the Pūrvamīmāṁsāsūtra is so close that one is tempted to advance the view that Āpastamba knew the extant Mīmāṁsā-sūtra or an earlier version of it that contained almost the same expressions. It cannot be said that all these passages are later interpolations. They have all been explained by Haradatta and one of the sūtras referring to Mīmāṁsā topics occurs in so early a work as the commentary of Viśvarūpa (on Yāj. I. 7) who quotes "Brāhmaṇoktā vidhayaḥ" (Āp. I. 4. 12. 10). The last passage is quoted by Medhātithi also (on Manu II. 6).

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⁹⁰ 'श्रुतिर्हि बलीयस्यानुमानिकादाचारात्' आप. ध. सू; 'विरोधे त्वनपेक्ष्यं स्यादसति ह्यनुमानम्' पू. मी. सू. Vide also 'विप्रतिषेधे श्रुतिलक्षणं बलीयः' आप. ध. सू. I. 11. 30. 9 for the same position.

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⁹¹ 'यत्र तु प्रीत्युपलब्धितः प्रवृत्तिर्न तत्र शास्त्रमस्ति' आप.; यस्मिन्प्रीतिः पुरुषस्य तस्य लिप्साऽर्थलक्षणाऽविभक्तत्वात्' पू. मी. सू. Vide also आप. ध. सू. I. 1. 4. 9-10 'दृश्यते चापि प्रवृत्तिकारणम् । प्रीतिह्र्युपलभ्यते' and 'हेतुदर्शनाच्च' पू. मी. सू. I. 3. 4.

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⁹² 'अङ्गानां तु प्रधानैरव्यपदेश इति न्यायवित्तसमयः।' आप. ध. सू. II. 4. 8. 13.

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⁹³ 'अथापि नित्यानुवादमविधिमाहुर्न्यायविदः' आप. ध. सू. II. 6. 14. 13; 'अर्थवादो वा विधिशेषत्वात्तस्मान्नित्यानुवादः' पू. मी. सू. VI. 7. 30.

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⁹⁴ तस्यां क्रयशब्दः संस्तुतिमात्रम् । धर्माद्धि सम्बन्धः । आप. ध. सू. II. 6. 13. 11-12; 'क्रयस्य धर्ममात्रत्वम्' पू. मी. सू. VI. 1. 15.

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⁹⁵ 'विद्यां प्रत्यनध्यायः श्रूयते न कर्मयोगे मन्त्राणाम्' आप. ध. सू. I. 4. 12. 9; 'विद्यां प्रति विधानाद्वा सर्वकालं प्रयोगः स्यात्कर्मार्थत्वात्प्रयोगस्य' पू. मी. सू. XII. 3. 19.

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The dharmasūtra of Āpastamba has been quoted from very ancient times as authoritative. Śabara in his *bhāṣya* on Jaimini VI. 8. 18 quotes one sūtra of Āpastamba and a paraphrase of another.⁹⁶ The Tantravārtika refers to the sūtras of Āpastamba about local and family usages,⁹⁷ about drinking wine and about the conflict between the views of Baudhāyana and Āpastamba (vide above page 26 also). Śaṅkarācārya in his *bhāṣya* on Brahmasūtra IV. 2. 14 quotes Āpastamba I. 7. 20. 3 (about the planting of trees for fruit as a meritorious act and the collateral benefits of shade and fragrance). He also cites (on Brahmasūtra II. 1. 1.) about the supreme soul a half verse from Āpastamba (I. 8. 23. 2)⁹⁸. In his bhāṣya on Bṛhadāraṇyaka, he cites Āp. Dh. S. I. 5. 15. 1 (upāsane gurūṇām &c.). The two *paṭalas* of Āpastamba (I. 8. 22 and 23) dealing with *adhyātma* (philosophy) were commented upon by Śaṅkarācārya, who, from the general style and method of the commentary (vide Trivandrum edition of the adhyātmapaṭala), seems to be the same as the great ācārya. Sureśvara in his *Vārtika* (I. 1. 97) on Śaṅkara's *bhāṣya* on the Bṛhadāraṇyakopaniṣad quotes the sūtra about the planting of mango (Āpastamba I. 7. 20. 3⁹⁹) trees. Viśvarūpa, who according to Mādhava, was the same as Sureśvara,¹⁰⁰ quotes (Trivandrum edition) in his commentary on Yājñavalkya (ācāra and vyavahāra only) Āpastamba's sūtras about twenty times. The quotations show that the text of Āpastamba was identical with the one printed, barring a few variations that are no more than mere slips on the part of the scribes of Mss. In his commentary on Yāj. III 237 Viśvarūpa quotes eighteen sūtras of Āpastamba (I. 9. 24. 6-23) consecutively which are the same as those in the printed text. Medhātithi quotes Āpastamba II. 5. 11. 2, II. 4. 7. 16, II. 8. 19. 20, I. 4. 14. 30-31 on Manu II. 247, III. 102, III. 273 and VIII 357 respectively and appears to refer to Āpastamba I. 4. 13. 6 (about "om") on Manu II. 83. The Mitākṣarā has several quotations and Aparārka contains about two hundred sūtras of Āpastamba, though rather in a mutilated form. But it is not necessary to refer to these and other later works in detail, since Haradatta's commentary, as will be shown later on, was wtitten about the time of Aparārka. Thus from the days of Śabara (500 A. D. at the latest) to 1100 A. D. we have a host of writers who vouch for the authenticity of the extant text of Āpastamba.

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⁹⁶ "यथैव स्मृतिः 'धर्मे च अर्थे च कामे च नातिचरितव्या' इति, 'धर्मप्रजासंपन्ने दारे नान्यां कुर्वीत' इति च एवमिदमपि स्मर्यत एव 'अन्यतरापाये अन्यां कुर्वीत इति ।' शबर; आप. says 'धर्मप्रजासम्पन्ने दारे नान्यां कुर्वीत । अन्यतराभावे कार्या प्रागग्न्याधेयात्' II. 5. 11. 12-13.

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⁹⁷ तन्त्रवार्तिक p. 138 'प्रतिदेशं व्यवस्थया । आपस्तम्ब्येन संहृत्य दुष्टादुष्टत्वमादृतम् ॥'. This has in view 'एतेन देशकालधर्मा व्याख्याताः' आप. ध. सू. II. 6. 15. 1; 'यापि चापस्तम्बस्मृतिवचनात्तुल्यबलत्वाशङ्का भवेत्सापि तस्माद् ब्राह्मणः सुरां न पिवेदिति एतेन प्रत्यक्षश्रुतिविधिना निराकृतेति नैवं विप्राचारप्रामाण्यामाशङ्कितव्यम्.'

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⁹⁸ परमात्मानमेव प्रकृत्यापस्तम्बः पठति 'तस्मात्कायाः प्रभवन्ति सर्वे स मूलं शाश्वतिकः स नित्यः'.

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⁹⁹ आम्रे फलार्थे इत्यादि ह्यापस्तम्बस्मृतेर्वचः । फलवत्त्वं समाचष्टे नित्यानामपि कर्मणाम् । बृहदारण्यकभाष्यवार्तिक. आपस्तम्ब's words are 'तद्यथा आम्रे फलार्थे निर्मिते छाया गन्ध इत्यनूत्पद्येते एवं धर्मं चर्यमाणमर्था अनूत्पद्यन्ते ।'

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¹⁰⁰ Vide my article in JBBRAS for 1922 pp. 205-206.

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About the home and personal history of Āpastamba little is known. Āpastamba is not an ancient name. It does not occur in the Vedic texts. It occurs in the *gaṇa* "Bidādi" in Pāṇini IV. 1. 104. He speaks of himself as belonging to later ages (*avara*). Vide Āpastamba¹⁰¹ I. 2. 5. 4. and II. 6. 13. 9. In the *tarpaṇa* he is generally mentioned after Bodhāyana and before Satyāṣāḍha Hiraṇyakeśin (vide note 68a above). Therefore according to tradition his school was elder or more authoritative than that of Hiraṇyakeśin. In one place Āpastamba refers to a peculiar śrāddha usage of the *udīcyas* (II. 7. 17. 17).¹⁰² Āpastamba must be supposed to have embodied in his work the usages of his own country. If he specially mentions the usages of a particular locality, it would follow that he did not hail from that locality. But the exact meaning of "Udīcya" is doubtful. Haradatta quotes a verse of the grammarians, according to which the country north of the Śarāvatī was called "Udīcya". According to the Mahārṇava quoted in the commentary on the caraṇavyūha the Āpastambīyas were to be found to the south of the Narmadā, in the south-east, that is, in Āndhra and the territory about the mouth of the Godāvarī. Therefore it is natural to suppose that Āpastamba's school had its origin in the south and probably in Āndhra. The Pallavas made land grants to Āpastambīyas. Vide I. A. vol. V. page 155.

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¹⁰¹ 'तस्मादृषयोऽवरेषु न जायन्ते नियमातिक्रमात्' and 'तदन्वीक्ष्य प्रयुञ्जानः सीदत्यवरः'.

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¹⁰² उदीच्यवृत्तिस्त्त्वासन्नगतानां हस्तेषूद्पात्रानयनम् । on this हरदत्त says शरावत्या उद- कीरवासिन उदीच्यास्तेषां वृत्तिराचारः.

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The age of the Āpastamba-dharmasūtra can be settled within only approximate limits. It is probably later than the Gautama Dharmasūtra and also the Baudhāyayanadharmasūtra and before 500 A. D. it was an authoritative smṛti work according to Śabara. Āpastamba is enumerated by Yājñavalkya as a writer on *dharma* (I. 5)

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and by Śaṅkha-Likhita. Its style and grammar (which is un-Pāṇinean in the extreme) entitle it to great antiquity. There is no clear reference to Buddhism and other schisms anywhere. It appears to look upon Śvetaketu as not far removed from its own epoch. It was probably written at a time when Jaimini had founded his school. Hence we shall not be far wrong if we assign it to some period between 600--300 B. C. On several points his views are opposed to those of his predecessors, e. g. he rejects secondary sons, condemns *niyoga*, does not admit Paiśāca and Prājāpatya as valid forms of marriage (vide above page 29). There are other points also wherein Āpastamba differs from Gautama and the other sūtrakāras. Gautama (IV. 14-17) and Baudhāyana (I. 8. 7-12) give long lists of mixed castes and Gautama includes Yavāna among them. Āpastamba is silent on this point. But this has hardly any bearing on chronology. Even the Vedic works mention the Niṣāda and the Pūrvamīmāṁsāsūtra has a special adhikaraṇa (VI. 1. 51) devoted to him; the Bṛ. Upaniṣad mentions (IV. 3. 22 and 37) such castes as Cāṇḍāla, and the Gītā mentions the Śvapāka. The Āp. Śrauta speaks of the Niṣāda (9. 14. 12-13). The Āp. Dh. S. (II. 1. 2. 6) mentions Cāṇḍāla, Paulkasa and Vaiṇa. Gautama (17. 30) forbids the eating of the flesh of cows and bulls, while Āp. (I. 5. 7. 30-31) seems to allow it and cites the Vājasaneyaka for support. In this connection it has to be noted that Vasiṣṭha also has a similar sūtra (14. 46). Āp. (I. 9. 27. 10) prescribes a penance for one who practises usury and lays down that one should not eat at the usurer's (I. 6. 18. 22), while Gautama appears to allow usury to a Brāhmaṇa as a calling if done through an agent (X. 6). Baudhāyana, on the other hand, quotes verses that condemn usury in strong language as even worse than brahmahatyā, holds that a Brāhmaṇa who is a usurer should be treated as a śūdra and allows the first two castes to practise usury only towards atheists, śūdras and such like persons (I. 5. 79-81). So these differences of Āp. from others are hardly conclusive as to his chronological position.

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The commentary of Haradatta called Ujjvalā-vṛtti is the only one so far recovered. For an account of Haradatta, vide sec. 86. The Smṛticandrikā (I, page 25) quotes a passage from the *bhāṣya* of Āpastamba (II. 6. 15. 19-20) and (II. p. 300) quotes the explanation of the bhāṣyakāra on Āpastamba II. 6 14. 1. Both these passages are not found in the commentary of Haradatta, though in the latter case, Haradatta holds the same view as that of the Bhāṣyakāra. Similarly the Vīramitrodaya (Vyavahāra, page 671) quotes the bhāṣyakāra of Āpastamba, but that quotation does not agree with Haradatta. Haradatta himself does not call his work *bhāṣya*, but *vṛtti*. Besides the Subodhinī on the Mitākṣarā (on Yāj. II. 132) quotes a passage from the Āpastambadharmavṛtti which is found in Haradatta on Āp. II. 6. 14. 1. Haradatta himself cites sometimes two or three other interpretations of the same sūtra (e. g. on Ap. I. 2. 5. 2; I. 3. 10. 6; I. 5. 15. 20; II. 2. 3. 16). So the *bhāṣyakāra* was probably one of his predecessors.

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In Aparārka, Haradatta, Smṛticandrikā and other works there are numerous quotations in verse ascribed to Āpastamba. These quotations are concerned with topics of Āhnika, Śrāddha, and Prāyaścitta. The Smṛticandrikā (III. pp. 423 and 426) quotes a Stotrāpastamba. Haradatta on Gautama (22. 18) quotes several verses on prāyaścitta from Āpastamba. Three of these verses are found in the Āpastamba-smṛti in verse (Jivananda's collection vol. I pp. 567-584 chap. I verses 16, 19, 31). The Smṛti printed by Jivananda contains about 207 verses in ten chapters on prāyaścitta and purifications. But the quotations from the Smṛticandrikā and Aparārkra show that the verse Āpastamba was a much larger work and since they regarded the versified work as equally authoritative with the sūtra work, the versified smṛti must have been comparatively an ancient work.

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