History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c93.346

v7.c93.346

23, 135. 22 in Citrao ed.) mentions Dharmaśāstras and Anuśāsanaparva (45. 17) quotes gāthās from Yama's Dharmaśāstra. Therefore, Jaimini had to consider whether smṛtis and usages were authoritative in the matter of Dharma and, if so, to what extent. Even if smṛtis were held to be unauthoritative, the authoritativeness of the Veda would not be affected; but the very first sūtra (of P. M. S.) postulated that the work would consider the question about the characteristics of Dharma and, therefore, smṛtis that were called Dharmaśāstra (Manu II 10) were connected with the discussion about Dharma. Besides, from VI. 7. 6 it follows that²⁰⁴³ Jaimini knew Dharmaśāstras as he provides that in a Viśvajit the performer cannot make a śūdra a subject of gift simply because he serves a man of higher caste on account of the ordinances of Dharmaśāstra. Even in the Upaniṣads (as in Tai. Up. I. 11) the teacher after the pupil had completed Veda study impresses upon the latter that whenever he would have a doubt about the rites enjoined or about proper conduct he should follow the conduct of brāhmaṇas in his country that act after proper consideration, that are devoted to their duties and are not driven to do anything by another, are not harsh of character, that are intent on doing their duties. This amounts to following 'sadācāra' as a source of dharma. Jaimini employs the word 'smṛti' in the sense of works in several sūtras as in VI. 8. 23 (which contains the very words that the Āp. Gṛ sūtra employs), IX. 2. 1, XII. 4. 43. Śabara mentions 'smṛti' and the word 'smarati' and 'smaranti' more than a dozen times.