History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v3.c46.123.2

v3.c46.123.2

44-45 prescribes " the relatives of a brahmacārī who is guilty of sexual intercourse should empty a water pot in the pariṣad and the offender should confess 'I, so and so by name, am guilty of such and such a misdeed' and that after the erring person has performed penance and when he has touched water, milk, ghee, honey and salt, the brāhmaṇas should ask him 'have you performed the penance?' The other shall then reply 'yes'; then they shall admit him who has performed penance to all sacrificial rites making no difference between him and others."²²⁰⁴ This clearly establishes that at least five centuries before the Christian era it was the privilege of the assembly of the learned brāhmaṇas to administer penance to a sinner and then restore him to all rights of interdining and other social intercourse. Vas. Dh. S. I. 16 declares 'there is no doubt that whatever persons who have studied dharmaśāstra and the three Vedas expound as purifying themselves and others is the proper dharma.' Āp. Dh. S. I. 1. 1. 2 declares that the conventions of those that know dharma are the authoritative standard (of conduct for ordinary men). When the smṛtis declare that Veda, smṛti and the usages of śiṣṭas are the three sources of dharma (e. g. Vas. Dh. S. I. 4-5) they convey that śiṣṭas can *and* should determine from time to time what is religious conduct.