Theory of Government in Ancient India (Post-Vedic) c9.26

c9.26

Baudhâyana begins by specifying three sources of law—the Vedas, Smṛitis or tradition and the practice of the Śiṣṭas. Śiṣṭas are those who are free from envy, pride, arrogance, greed, hypocrisy, anger and perplexity and are content "with a store of grain sufficient for ten days." They must be versed in Vedas and auxiliary studies. They must be able to draw inferences therefrom and must be "able to adduce proofs perceptible by the senses from the revealed texts." Failing the Śiṣṭas, points of law are to be decided by an assembly of ten, comprising four scholars, each master of one of the four Vedas, a Mimâmsaka, a scholar acquainted with the Aṅgas, a reciter of the sacred law, and three Brâhmaṇas belonging to three different orders. If such an assembly cannot be got together, the points may be submitted to five, three or a single blameless man, but not to a thousand fools. A little later, however, he adds that narrow and difficult is the path of the sacred law, that many gates lead to it and a doubt can never be resolved by a single person "however learned he may be."¹ Thus Baudhāyana imparts the force of law to the best opinion and practice of the age. Customs and opinions vary in different regions and must be locally respected.² Baudhāyana accepts the traditional scheme of castes and their duties remarking that Brahman placed its majesty in the Brāhmaṇas. In several respects, he represents the ultra-orthodox school of Hindu social thought. Brāhmaṇas are exempted from corporal punishment and caste privilege enters at numberless points in the administration of justice. But the term Brāhmaṇa is to be interpreted rather strictly. Brāhmaṇas who tend cattle, practise agriculture or who live as artizans, actors, servants or usurers should be treated as Śūdras. Usury is exceptionally reprehensible. In Brahman's balance, it outweighed the crime of killing a Brāhmaṇa. Almost in the same breath, however, Baudhāyana permits Brāhmaṇas and Kṣatriyas to lend money to misers, atheists, scoundrels and those who neglect sacred duties. So, it is sinful to charge interest from good people only.³ He declares that the king must protect his subjects, receiving as his pay a sixth