History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v3.c46.129

v3.c46.129

The next question is: what is the number of persons required to constitute a *pariṣad* for deciding on doubtful points of dharma and what their qualifications should be. According to Gaut. 28. 46-47 a *pariṣad* should consist of at least ten²²⁰⁶ persons viz. four, each of whom has mastered one Veda, three members who are respectively a (perpetual) student, a house-holder and a saṁnyāsin and three more each of whom has studied distinct dharmaśāstras. Vas. Dh. S. III. 20, Baud. I. 1. 8, Parāśara VIII. 27 and Aṅgiras declare that four persons each of whom has mastered one of the four Vedas, one who knows the Mīmāṁsā, one who has studied the six subsidiary lores of the Veda, one who has studied dharmaśāstra and three persons who are a house-holder, a forest hermit and a saṁnyāsin constitute a pariṣad of ten. Manu XII. 111 defines the ten as consisting of three masters of each of the three Vedas (excluding the Atharvaveda), one who has studied Logic, a student of Mīmāṁsā, a student of Nirukta, a master of dharmaśāstras and three members in each of the first three āśramas. Bṛhaspati²²⁰⁷ quoted in Par. M. II. 1 p. 218 declares that a pariṣad may be constituted by seven or five persons sitting together who have studied the Vedas, their six subsidiary lores and dharmaśāstra and that such a pariṣad resembles a solemn sacrifice. Vide also Aṅgiras quoted by Aparārka p. 23 for seven or five men as constituting a *pariṣad*. Vas. Dh. S. III. 7, Yāj. I. 9, Manu XII. 112, Parāśara VIII. 11 state that at least four or three men should constitute a pariṣad, but they should be students of each of the four Vedas, should be agnihotrins and should have also studied dharmaśāstra. If even three cannot be found then even a single man can declare the dharma in case of doubt (Gaut. 28. 48), but he must possess special qualifications. Gaut. 28. 48, Manu XII. 113 (= Atri 143) require that he must be the best of brāhmaṇas, a śiṣṭa and a deep student of the Veda. Yāj. I. 9, Parāśara VIII. 13, Aṅgiras²²⁰⁸ say that a single person who is the best among ascetics possessing knowledge of the Self may form a *pariṣad* and declare what the proper rule is on a point of doubt. Though the texts permit in extreme cases a single man to declare dharma in case of doubt they give emphatic warning that this should not be done as far as possible. Baud. Dh. S. I. 1. 13 observes²²⁰⁹ 'the way of dharma is very subtle and difficult to follow and it has many entrances (i. e. it appears different in different circumstances); therefore a person though knowing much should not undertake single-handed to propound the proper course of conduct in case of doubt.' The texts also emphasize that doubtful points of dharma are not to be decided by the votes of ignorant people, even if they muster in thousands. Manu XII. 114-115 (= Baud. Dh. S. I. 1. 17 and 12 = Vas. Dh. S. III. 5-6 = Parāśara VIII. 6 and 15) state 'Even if thousands of brāhmaṇas who have observed no *vrata* and who have studied no Vedic mantras and who make their living merely by virtue of their caste come together they do not constitute a *pariṣad*. When such foolish persons deluded by ignorance and ignorant of dharma declare (a penance for a sin) the sin is multiplied a hundred-fold and reaches the propounders.'